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HomeMy WebLinkAbout08/19/2008, C4 - TRAFFIC SIGNAL VEHICLE DETECTION SYSTEM UPGRADE, SPEC. 90878 council u August 19, 2008 aGEnaa izEpoin w.N . CITY O F SAN LUIS OBISPO FROM: Jay Walter, Public Works Director Prepared by: Jake Hudson, Engineer III- Traffic SUBJECT: TRAFFIC SIGNAL VEHICLE DETECTION SYSTEM UPGRADE, SPEC. 90878 CAO RECOMMENDATIONS 1. Authorize sole source and contract award to McCain Inc. in the amount of $163,000 to design, procure equipment, and configure systems for an upgrade to the City's Traffic Signal Vehicle Detection System, Specification 90878. DISCUSSION Background The City currently operates 56 signalized intersections of which 34 utilize video detection. Since 2000, the City has utilized video cameras (in lieu of inductive loops) to detect the presence of vehicles for the purposes of traffic signal actuation and data collection. The purpose of utilizing video detection instead of inductive loops is to more efficiently facilitate signal maintenance, timing, operations and data collection. Until recently, these video feeds were only able to be accessed in the field, physically at the signal equipment enclosures. In November of 2006, as a test case, additional equipment upgrades were installed at the intersection of Madonna & Los Osos Valley road so that these feeds could be accessed remotely by authorized maintenance and engineering staff. The test was a tremendous success with the upgrade allowing staff to adjust for congestion levels in real time, to respond immediately to irregular congestion levels due to construction, to efficiently manage traffic flows during emergency situations, and to quickly trouble shoot and react to equipment failures and other maintenance issues. Staff is now proposing to upgrade all remaining signalized intersections utilizing video detection to allow for this centralized monitoring and control. These equipment upgrades do not change the overall purpose and capacity of these cameras; they do however expand staffs ability to access them and significantly improve staff s ability to troubleshoot signal system issues and actively respond to congestion issues related to general changes in traffic patterns and closures due to construction or traffic collisions. These numerous improvements to staffs ability to operate and maintain traffic signals will result in overall reductions in traffic congestion and is consistent with the 2005/07 Major Council Goal for traffic congestion relief. Existing Maintenance & Management Issues The City currently operates 56 signalized intersections with a staff of one signal and street light technician and one engineer. An additional signal and street light technician began employment r;u-� Council Agenda Report—Traffic Signal Vehicle Detection Upgrade Page 2 earlier this month. According to a report on Traffic Signal Control Systems Maintenance & Management Practices published by the Transportation Research Board, two signal technicians and one engineer could maintain and manage approximately 70 traffic signals, if those positions were 100% devoted to the signal system. However, approximately 50% of signal maintenance resources are devoted to other responsibilities and approximately 75% of traffic engineering resources are also devoted to other responsibilities. Therefore, staff resources available for signal maintenance and management is well below recommended levels. The City has been successful in keeping up with the increasing demands of an aging signal system and increasing levels of congestion by investing in signal system technologies which help maximize staff efficiency. This upgrade is the next logical step in continuing to provide an adequate level of service with minimal staffing levels. The system upgrade will connect vehicle detection equipment at every traffic signal in the city with video detection equipment to secured access points at the Public Works offices at 919 Palm Street and the City Corporation Yard at 25 Prado Rd. Among many other things,the upgrade will allow authorized maintenance and engineering staff to perform their maintenance and operations duties without having to physically travel to each traffic signal location. This results in a resource savings in staff and vehicle time. McCain Contract Award - Sole Source Justification As the application vendor, McCain is intimately familiar with the City's existing traffic signal software and hardware environment, has an understanding of the City's future signal system needs, and is uniquely qualified to provide and install the ideal communications system.for their hardware. In addition, McCain has been the primary supplier of traffic signal equipment-for the City since the late 1980s, with the bulk of the system being provided by McCain there is a significant maintenance advantage by installing uniform equipment consistent with the rest of the City's traffic signal system. Because of these advantages, McCain is uniquely positioned to recommend and deliver an optimal communications system design for the City. For these reasons, staff directly negotiated contract terms, workscope and compensation with McCain for the Traffic Signal Video Detection System upgrade. Accordingly; staff recommends awarding a contract to McCain to upgrade the. traffic signal video detection system. A separate contract will be issued for installing the radios and cabling provided by McCain, however the engineers estimate for this portion of work is under $25,000. Therefore this contract can be advertised through an informational bid process and awarded by the Finance Department under the City's current purchasing policy. C N -Z � I Council Agenda Report—Traffic Signal Vehicle Detection Upgrade Page 3 Project Schedule Tasks Date 1. . - 1. Council approves contract award 8/19/08 2. Execute contract and order hardware 9/4/08 I McCain begins system upgrade 9/15/08 4. McCain completes system upgrade 11/15/08 CONCURRENCES The Finance& Information Technology department concurs with this recommendation. FISCAL IMPACT At its July 15`h, 2008 meeting, the City Council appropriated $1,770,000 in approved State Highway Account (SHA) grant funding for"general traffic signal system improvements". As part of that report this project was identified as one of the projects which would proceed immediately once grant funding was accepted and allocated. Prior to this project $491,919 had been spent from this allocation with a remaining balance of $685,081.. After funds are transferred to this project the remaining balance of the "grant traffic signal system improvement" account will be $478,081. Project Budget Engineer's Estimate: $212,000 Design & Equipment Allocation: $163,000 Infrastructure Allocation: $25,000 15% Construction Management: $3,750 10% Contingencies: $18,900 Project Total: $210,650 Miscellaneous(Permit, Printing,etc ...): $1,350 Total Cost: $212,000 The City's Fiscal Heath Contingency Plan was recently activated and as a result all CIP projects are currently under review for possible deferral or deletion. A report is planned for Council review in September 2008 that will identify and recommend project deferrals and deletions. While this review is underway and not yet completed, we recommend going forward with bidding for this project at this time for the following reasons: 1. This project will allow the City to maintain existing levels of service without additional staff via a one time purchase, and as such, it is highly unlikely that is would be a candidate for deletion or deferral. Council Agenda Report—Traffic Signal Vehicle Detection Upgrade Page 4 .2. The request is for design. and equipment procurement, and the project is 100% grant funded, with no money coming from the General Fund. Staff believes we should capitalize on this grant opportunity now. ALTERNATIVES 1. Defer or deny the project. Given the level of current staff resources, aging signal equipment, and increasing congestion levels,.the City's level of service in responding to and mitigating congestion will be diminished. If the council wishes to maintain existing levels of service under this alternative, additional staff resources will have to be committed and funding for such is not eligible with these grant funds. 2. Initiate a formal bid process. By the nature of the application, implementation services can only be provided by McCain. We could separately request proposals for some individual hardware components of the project; however staff does not recommend this because McCain is uniquely qualified to provide the ideal hardware which is compatible with their signal systems hardware & software. Their cost proposal is consistent.if not slightly less for similar hardware used on other systems. This alternative also precludes the City from holding McCain fully accountable for a.successful upgrade. ATTACHMENT Agreement&McCain Proposal G:\Staff-ReporLs-Agendas-Minutes\-CAR\2008\Transportation\90878 Vehicle Detection Upgrade\Council Agenda Report.doc � ATTACHMENT \JI AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on August 2008 by and between the CITY OF SAN LUIS OBISPO, a municipal corporation, hereinafter referred to as City, and McCain Inc., hereinafter referred to as Consultant. WITNESSETH WHEREAS, The City has directly negotiated work scope and compensation with the Consultant per the consultants work scope dated July 30th, 2008 WHEREAS, pursuant to said negotiations, The Consultant submitted a proposal that was accepted by City for said services. NOW THEREFORE, in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows: 1. Tenn. The term of this Agreement shall be from the date this Agreement is made and entered, as first written above, until acceptance or completion of said services. 2. Contractor's Obligations. For and in consideration of the payments and agreements sefforth herein and as set forth in Exhibit A to be made and performed by City, Consultant agrees with City to provide services as.set forth in Exhibit A attached hereto and incorporated into this agreement. 3. Start and Completion of Work. Work on this project shall begin within 5 calendar days after contract execution. Individual projects shall be completed in accordance with approved project schedules. 4. Contract Term. The services identified in this specification will be contracted for by the City between August 2008 and August 2009. Actual work may extend beyond the final date. 5. Contract Extension. The term of the contract may.be extended by mutual consent for an additional year. 6. Cost Increases. Labor and material rates may be increased to reflect increased labor costs and overhead on March 1 n each year, provided the City is notified of the increases in advance. 7. Work Delays. Should the Consultant be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default, act, or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by ,the City and the Consultant. 8. Termination. If, during the term of the contract, the City determines that the Consultant is not faithfully abiding by any term or condition contained herein, or the Consultant's work is determined to be deficient, the City may notify the Consultant in writing of such defect or failure to perform. This notice will give the Consultant a 10 (ten) calendar day notice of time thereafter in which to perform said work or cure the deficiency. If the Consultant has not performed the work or cured the deficiency within the ten days specified in the notice, such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Consultant to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Consultant's surety shall remain in full force and effect, and shall not be extinguished, reduced, or in any manner waived by the termination thereof. C14—S �'. ATTACHMENT In said event, the Consultant shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Consultant as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Consultant shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Consultant be entitled to receive in excess of the compensation quoted in its proposal. If, at any time during the term of the contract, the City determines that the proposed work is not feasible due to funding shortages or unforeseen circumstances, the City reserves the right to terminate the contract. Consultant will be paid compensation due and payable to the date of termination. 9. Ability to Perform. The Consultant warrants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all applicable federal, state, county, city, and special district laws, ordinances, and regulations. 10. Sub-contract Provisions. No portion of the work pertinent to this contract shall be subcontracted without written authorization by the City, except that which is expressly identified in the Consultant's proposal. Any substitution of sub-consultants must be approved in writing by the City. For any sub- contract for services in excess of$25,000, the subcontract shall contain all provisions of this agreement. 11. Contract Assignment. The Consultant shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 12. Inspection. The Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of the Consultant ate being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its contract requirements. 13. Record Retention and Audit For the purpose of determining compliance with various laws and regulations as well as performance of the contract, the Consultant and sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to the performance of the contract, including but not limited to the cost of administering the contract. Materials shall be made available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. Authorized representatives of the City shall have the option of inspecting and/or auditing all records. For Federally funded projects, access to records shall also include authorized representatives of the State and Federal government. Copies shall be furnished if requested. 14. Conflict of Interest. The Consultant shall disclose any financial, business, or other relationship with the City that may have an impact upon the outcome of this contract, or any ensuing City construction project. The Consultant shall also list current.clients who may have a financial interest in the outcome of this contract, or any ensuing City construction project which will follow. The Consultant covenants that it presently has no interest, and shall not acquire any interest—direct, indirect or otherwise—that would conflict in any manner or degree with the performance of the work hereunder. The Consultant further covenants that, in the performance of this work, no sub-consultant or person having such an interest shall be employed. The Consultant certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby ATTACHMENT � � U expressly agreed that, in the performance of the work hereunder, the Consultant shall at all times be deemed an independent Consultant and not an agent or employee of the City. 15. Rebates, Kickbacks or Other Unlawful Consideration. The Consultant warrants that this contract was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of the warranty, the City shall have the right in its discretion; to terminate the contract without liability; to pay only for the value of the work actually performed; to deduct from the contract price; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 16. Covenant Against Contingent Fees. The Consultant warrants by execution of this contract that no person or selling agency has been employed, or retained, to solicit or secure this contract upon an agreement or understanding, for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Consultant for the purpose of securing business. For breach or violation of this warranty, the City has the right to annul this contract without liability; pay only for the value of the work actually performed, or in its discretion, to deduct from the contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage, or contingent.fee. 17. Compliance with Laws and Wage Rates. The Consultant shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances, regulations and adopted codes during its performance of the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code. For purposed of this paragraph, "construction" includes work performed . during the design and preconstruction phases of construction, including but not limited to, inspection and land surveying work. 18. Payment of Taxes. The contract prices shall include full compensation for all taxesthat the Consultant is required to pay. 19. Permits, Licenses and Filing Fees. The Consultant shall procure all permits and licenses, pay all charges and fees, and file all notices as they pertain to the for operating the Consultant's business for the completion of the Consultant's work. The.City will pay all application fees for permits required for the completion of the project, including building and regulatory permit application fees. Consultant will provide a 10 day notice for the City to issue a check. 20. Safety Provisions. The Consultant shall conform to the rules and regulations pertaining to safety : established by OSHA and-the California Division of Industrial Safety. 21. Public and Employee Safety. Whenever the Consultant's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, furnish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 22. Preservation of City Property. The Consultant shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged resulting from the Consultant's operations, it shall be replaced or restored at the Consultant's expense. The facilities shall be replaced or restored to a condition as good as when the Consultant began work. 23. Immigration Act of 1986. The.Consultant warrants on behalf of itself and all sub-consultants engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 24. Consultant Non-Discrimination. In the award of subcontracts or in performance of this work, the Consultant agrees that it will not engage in, nor permit such sub-consultants as it may employ, to engage in discrimination in employment of persons on any basis prohibited by State or Federal law. CL4-'7 �., ATTACHMENT 25. Accuracy of Specifications. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation or any concealment of fact. In preparing its proposal, the Consultant and all sub-consultants named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the specifications that could easily have been ascertained by examining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of Consultant to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the Consultant. An ambiguity or defect shall be considered patent if it is of such a nature that the Consultant, assuming reasonable skill, ability and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the Consultant or sub-consultants to notify City in writing of specification defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful Consultant to achieve the project's objective or standard beyond the amounts provided therefor in the proposal. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the specifications, or any other matter whatsoever, Consultant shall immediately notify the City in writing, and the Consultant and all sub-consultants shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of Consultant's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. 26. Indemnification for Professional Liability. To the fullest extent permitted bylaw, Consultant shall indemnify, protect and hold harmless City and any and all of its officials, employees and agents ("Indemnified Parties") from and against any and all losses, liabilities, damages, costs and expenses, including attorney's fees and costs, and any costs to defend against claims which arise out of, pertain to, or relate to the negligence, recklessness, or willful.misconduct of the Consultant 27. Non-Exclusive Contract. The City reserves the right to contract for the services listed in this proposal from otherconsultants during the contract term. 28. Project Proposal Submittal. Upon completion of the project scoping meeting, the Consultant shall submit a proposed workscope, proposed compensation and schedule within 10 working days. The cost proposal shall include all costs including miscellaneous direct cost items. 29. Standards. Documents shall conform to City Standards and City furnished templates shall be used. 30. Consultant Endorsement. Technical reports, plans and specifications shall be stamped and signed by the Consultant where required. 31. Required Deliverable Products and Revisions. The Consultant will be required to provide documents addressing all tasks of the workscope. This shall include, but not limited to, wireless communication test results, notes on recommended equipment locations, and notes on city network and infrastructure evaluations. The Consultant will also be required to provide all wireless network equipment, video server & processor equipment, and all related software & manuals. 32. Ownership of Materials. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. The Consultant shall furnish the City all necessary copies of data needed to complete the review and approval process. c�1_g ATTACHMENT It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form, are intended for one-time use in the construction of the project for which this contract has been entered into. The Consultant is not liable for claims, liabilities, or losses arising out of, or connected with the modification, or misuse by the City of the machine-readable information and data provided by the Consultant under this agreement. Further, the Consultant is not liable for claims, liabilities, or losses arising out of, or connected with any use by City of the project documentation on other projects, except such use as may be authorized in writing by the Consultant. 33. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Consultant as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Consultant without the prior written approval of the City. The Consultant shall not issue any news release or public relations item of any nature, whatsoever, regarding work performed or to be performed under this contract without prior review of the contents thereof by the City and receipt of the City's written permission. 34. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Consultant is required to furnish in limited quantities as part of the work or services under these specifications, the Consultant shall provide such additional copies as are requested, and City shall compensate the Consultant for the costs of duplicating of such copies at the Consultant's direct expense. 35. Attendance at Meetings and Hearings. Consultant shall attend as many "working" meetings with staff as necessary to accomplish the workscope tasks. Consultant shall attend workshops with the public, and City commission, committee or Council meetings as identified in the individual project scoping. 36. Insurance. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or sub- contractors. a. Minimum scope of insurance. Coverage shall be at least as broad'as: . " • Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). • Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). • Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. Y Errors and Omissions Liability insurance as appropriate to Contractor's profession. b. Minimum limits of insurance. Contractor shall maintain limits no less than: • General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. • Automobile Liability: $1,000,000 per accident for bodily injury and property damage. • Employer's Liability: $1,000,000 per accident for bodily injury or disease. • Errors and Omissions Liability: $1,000,000 per occurrence. C. Deductibles and self-insured retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its c�-9 ATTACHMENT officers, officials, employees and volunteers; or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. d. Other insurance provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: liability arising out of activities performed by or on behalf of Contractor, products and completed operations of Contractor, premises owned, occupied or used by Contractor; or automobiles owned, leased, hired or borrowed by Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, official, employees, agents or volunteers. For any claims related to this project, Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of Contractor's insurance and shall not contribute with it. Y Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. • Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. Y Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. e. Acceptability of insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than ANIL £ Verification of coverage. Contractor shall furnish the City with a certificate of insurance showing maintenance of the required insurance coverage. Original endorsements effecting general liability and automobile liability coverage required by this clause must also be provided. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. 37. Consultant Invoices. The Consultant shall deliver a monthly invoice to the.City, itemized by project title. Invoice must include a breakdown of days billed, equipment supplied, and miscellaneous charges and any sub-consultant invoices, similarly broken down, as supporting detail. 38. Payment. For providing services as specified in this Agreement, City will pay and Consultant shall receive therefore compensation in a total sum not to exceed the individual agreed upon project fee. Should the Consultant's designs, drawings or specifications contain errors or deficiencies, the Consultant shall be required to correct them at no increase in cost to the City. Progress payments shall be made on a monthly basis as invoiced by the Consultant for expenses incurred with cumulative monthly payments, on an individual project basis, not to exceed: 85% of the agreed upon project fee prior to submittal of b0%documents 95% of the agreed upon project fee prior to submittal of 95%documents; and 100% of the agreed upon project fee prior to submittal of final stamped construction documents, technical reports and other specified work products. The Consultant shall be reimbursed for hours worked at daily rates attached to this agreement. Daily rates include direct salary costs, employee.benefits, overhead and fee. In addition, the Consultant shall be reimbursed for direct costs other than salary and vehicle cost that have been identified and are Cq-!O ATTACHMENT attached to this agreement or individual cost proposals. The Consultant's personnel shall be reimbursed for per diem expenses at a rate not to exceed that currently authorized for State employees under State Department of Personnel Administration rules. 39. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment or services provided by the Consultant(Net 30). The Consultant shall pay all sub-consultants within 10 calendar days from receipt of each payment made to the Consultant by the City. 40. Disadvantaged Business Enterprise (DBE) Use for Federally Funded Projects. Portions of the work covered by this agreement are subject to Federal Regulations regarding participation by Disadvantaged Business Enterprises. The City encourages the participation of DBEs as defined in 49 CFR 26 in the performance of work on those projects identified as federally funded. When projects include DBE participation, the Consultant shall notify the City of any changes to its anticipated DBE participation, maintain records of DBE usage and complete and submit to the City the final report of DBE utilization prior to receiving final payment. Records shall show the name and business address of each DBE and the total dollar amount actually paid to each. 41. Resolution of Disputes. Any dispute, other than audit, concerning a question of fact arising under this contract that is not disposed of by agreement shall be decided by a committee consisting of the City's Project Manager and the City Director of Public Works, who may consider written or verbal information submitted by the Consultant. Not later than thirty days after completion of all deliverables necessary to complete the plans, specifications and estimate, the Consultant may request review by the City Council of unresolved claims or disputes, other.tfan audit, in accordance with Chapter 1.20 Appeals Procedure of the Municipal Code. Any dispute concerning a question of fact arising under an audit of this contract that is not disposed of by agreement, shall be reviewed by the City's Chief Fiscal Officer. Not later than 30 days after issuance of the final audit report, the Consultant may request a review by the City's Chief Fiscal Officer of unresolved audit issues. The request for review must be submitted in writing. _ Neither the pendency of a dispute, nor its consideration-bji the City will excuse the consultant from full and timely performance in accordance with the terms of this contract. 42. Agreement Parties. City: Jake Hudson Consultant: Jeff Pearson City of San Luis Obispo McCain Inc. 919 Palm Street 2365 Oak Ridge Way San Luis Obispo, CA 93401 Vista, CA 92081 All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as shown above. 43. Incorporation by Reference. Consultant's proposal dated 3/10/08, is hereby incorporated in and made a part of this Agreement. , 44. Amendments. Any amendment, modification or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the City Engineer. If, at any time during the project, the consultant is directed to do work by persons other than the City Project Manager and the Consultant believes that the work is outside of the scope of the original contract, the Consultant shall inform the Project Manager immediately. If the Project Manager and Consultant both agree that the work is outside of the project scope and is necessary to the successful completion of the project, then a fee will be established for such work based on Consultant's hourly billing rates or a lump sum price agreed upon between the City and the Consultant. Any extra work performed by Consultant without prior written approval from the City Engineer shall be at Consultant's own expense. ATTACHMENT 45. Complete Agreement. This written agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement, understanding or representation not reduced to writing and specifically incorporated herein shall be of any force or effect, nor shall any such oral agreement, understanding or representation be binding upon the parties hereto. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Consultant agrees with City to do everything required by this Agreement, the said specification and incorporated documents. Failure by the Consultant to carry out the requirements of this Agreement is a material breach of this agreement which may result in the termination of this Agreement or such other remedy as the City deems appropriate. Authority to Execute Agreement. Both City and Consultant do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year first above written. CITY OF SAN LUIS OBISPO: Ken Hampian, City Administrative Officer APPROVED AS TO FORM: CONSULTANT: McCain Inc. Jon an Lowell, City Attorney By: ATTACHMENT 1==J PERFORMANCE July 30, 2008 Mr. Jake Hudson Public Works, Transportation Division 919 Palm Street San Luis Obispo, Ca 93401 Re: Traffic Signal Video Transmission System Scope of Work Mr. Hudson, I am pleased to provide to you with this proposal for the equipment and labor necessary for design, equipment procurement, and system configuration as per the following work scope. The project will consist of the following tasks. Task I—Project Management/Administration Project management services will be provided throughout the project. This includes monthly billings and invoices as well as progress reports detailing project progress, milestones, and issues and concerns. McCain will manage sub- consultants, sub-vendors, and the installation contractor under contract with the City. McCain will also attend meetings with the City's IT Dept., Fire Dept., & Public Works Dept.. Four meetings are anticipated, any more than four meetings shall be compensated for on a time &materials basis. Prior to proceeding with design McCain will develop a project work plan and schedule. The consultant will provide quality control reviews of the conceptual plans for each submittal. Task II—Design McCain will conduct the following steps necessary to develop the Traffic Signal Video Transmission System: 1. Field evaluation to determine appropriate location and positioning of necessary wireless equipment at 34 signalized intersections and 4 network penetration points identified below. 2. Evaluation of"IV rooms at 4 network penetration points to determine appropriate location and position of necessary equipment and network connections. CU-� 3 ATTACHMENT 3. Evaluation of Controller Cabinets at 34 signalized intersections to determine capacity and appropriate location of necessary equipment and video processors connections. 4. Evaluation of existing City infrastructure,network, &communications. The City shall provide network connections from hubs at each of the network penetration points. McCain shall provide design notes on each of the previous steps to City staff for preparation of construction documents. Task III-Equipment Procurement&System Configuration McCain will conduct the following steps necessary to deliver a complete functioning system which provides the intended function: 1. Provide all wireless network equipment 2. Provide all video servers&processor equipment 3. Configure all equipment prior to on-site delivery to the installation contractor 4. Configure all field equipment and network connections The project consists of 34 intersections and 4 network penetration points as listed below. Locations will also be added to the existing network penetration point at Fire Station#1. Intersections 1. Foothill &Patricia 18. Los Osos Valley& Descanso 2. Foothill & Tassajara 19. Los Osos Valley& Laguna 3. Foothill& Chorro 20. Los Osos Valley& Royal 4. Foothill & California 21. Los Osos Valley& Froom 5. Santa Rosa& Mill 22. Los Osos Valley& Calle Joaquin 6. Santa Rosa&Palm 23: Los Osos Valley& Higuera 7. Santa Rosa& Monterey 24. Madonna& Oceanaire 8. Santa Rosa& Higuera 25. Higuera& Suburban 9. Santa Rosa& Marsh 26. Higuera& Tank Farm 10. Monterey& Johnson 27. Higuera& Granada 11. Monterey& California 28. Higuera&Prado 12. Higuera& High/Pismo 29. Higuera& Margarita 13. Higuera&Marsh 30. Johnson& Laurel 14. Broad &Pacific 31. Johnson & Bishop 15. Osos& Pismo 32. Johnson& Ella 16. Osos& Buchon 33. Johnson& Lizzie 17. Santa Barbara& Upham 34. Johnson& San Luis Drive Network Points 1. 919 Palm St., City PW Dept. 2. 136 Chono St., City Fire St. #2 3. 25 Prado Rd., City Corp Yard 4. 1280 Laurel Ln., City Fire St. #3 C1-1-1Lf ATTACHMENT The following table is an estimated labor& equipment summary for the.project. Item Qty Unit Unit Total Price Price Axis 241Q Video Server 36 EA $1,061 $38,196 Encom 4.9GHz Broadband Radio w/Panel 27 EA $1.,880 $50,760 Antenna Encom 4.9GHz Broadband Connectorized Radio 14 EA 1 $1,700 $23,800 Sectoral Antenna 1 EA $618 $618 Omni-directional Antennae 5 EA $515 $2,575 Flat Panel Antennae 13 EA $360 $4,680 Mounting Hardware&Cables EA $4,875 Labor 26 DAY $1,442 $37,492 Total: $162,996 If additional equipment and services are required beyond what is called for in the Scope of Work we will charge the following: Qty 1 Daily Labor(tech support or meetings) $17442 Qty 1 Encom Broadband Radio with Panel Antenna $1,880 Qty 1 Axis 241Q Video Server $1,061 Qty 1 Encom Broadband Connectorized Radio $1,700 These prices shall remain in effect for 120 days. All prices include tax and delivery. Thank you for providing us with this opportunity and I trust that these prices will meet your budget. Please feel free to contact me should you have any questions or would like to discuss this further. Sincerely, Jeff Pearson Technical Sales Supervisor (760) 801-2977 ipearsonr.&mccain-inc.com C,L4-l5 Page 1 of 1 Coundl,SloCity From: Brett Cross[brettcross@charter.net] Sent: Sun 8/17/20082:33 PM To: Council,SloClty Cc: Subject: Item C-4 Traffic Signal System Upgrade. Attachments: RECEIVE Here's a simple little question that isn't addressed in the staff report. What is the long term "true" annual cost of monitoring and adjusting signal AUG 19 2009 timing throughout the City?. Because I'm thinking that it would take at least 2 dedicated personnel on for a period between the hours of 6:00 AM and SLO CITY CLERK 8:00 PM to watch all 56 intersections and make the appropriate adjustments if required. Also how many cities of our size have remote signal/intersection monitoring and adjusting?. I'm guessing not too many. Wonder why?. There are a lot of other community desired projects that have yet to be fulfilled. Maybe it's time you started working on those and not letting =- RED FILE staffs projects jump to the front of the line all the time. They can take IIAEETING AGENDA a number just like the rest of us and when their tum comes then they can get the things that they think are important. ®ATESIj, ASITEM # .P� Brett COUNCIL I U CDD DIR >Rl CAO ® FIN DIR 12 ACAO C9 FIRE CHIEF 64 ATTORNEY ® PW DIR 12 CLERK/ORIG 19 POLICE CHF ❑ DEPT HEADS IR REC DIR Qla M UTIL DIR �l Tri .0 [ HR DIR X Cownc.�� x CIO X elcyll- hnps://maii.slocity.org/exchange/slocitycouncil/InboVItem%20C-4%20Traffic%2OSignal... 8/19/2008