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HomeMy WebLinkAbout06 - Traffic Signal MaintenanceCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 6 February 22, 2011 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers, Senior Civil Engineer 949 - 644 -3326 or bsommers @newportbeachca.gov SUBJECT: TRAFFIC SIGNAL MAINTENANCE AGREEMENT —APPROVAL OF AMENDMENT 1 TO SERVICE AGREEMENT WITH REPUBLIC ITS, INC. ISSUE The annual costs required to maintain the City's traffic signals to an acceptable state of repair has consistently been higher then the current allowed contract cap for the past three years due to a conservative initial estimate, the installation of several new signals and associated equipment, aging facilities, and an increase in damage incidents to our signal facilities due to traffic collisions. RECOMMENDATION Approve Amendment No. 1 to the Service Agreement with Republic Intelligent Transportation Services, Inc. (Republic ITS) of Novato, California, amending the following terms: 1. Increase the annual contract compensation cap from $210,000.00 to a fee not to exceed $280,000.00; 2. Increase the number of maintained traffic signals from 112 to 117; and 3. Change the term of the agreement from an annual conclusion date of April 10th to the fiscal year end date of June 30th for the remainder of the five year term for accounting purposes. DISCUSSION In April of 2007, the City entered into a five year agreement with Republic ITS to provide personnel and equipment for the maintenance and repair of the City's traffic signal system. This maintenance agreement includes a detailed scope of work that Traffic Signal Maintenance Agreement — Approval of Amendment 1 to Service Agreement with Republic ITS, Inc. February 22, 2011 Page 2 includes performing routine signal maintenance repair, as well as emergency repairs in response to traffic accidents or other associated emergencies. The existing traffic signal hardware (poles, heads, and illuminated street name signs) is quickly becoming weathered and deteriorated beyond a desired stare of repair and additional funding is needed. While the current contract limit and budget allow for basic maintenance work with a focus on keeping the signals operating safely, the system is showing increased deterioration requiring a higher level of attention. Staffs ability to address this issue is limited by the current contract cap and available funds. Since execution of the maintenance contract in 2007, the budget has been strained further by the installation and required maintenance for five more traffic signals and a higher level of accidents then originally anticipated (in which traffic signals are damaged and need to be repaired). Because of these factors, the annual not to exceed compensation cap of $210,000.00 and associated budget are not sufficient to cover the cost requirements. Subsequently, this increase in maintenance and repair costs has resulted in multi -year overruns of the existing Republic ITS traffic signal maintenance agreement annual compensation cap. This requested increase in the annual compensation cap for this contract to $280,000.00 will allow for increased maintenance of the existing traffic signals as well as some improved appearance of the equipment. Additionally staff will have increased ability to accommodate the necessary repairs cost associated with unforeseen incidents without exceeding the contract. funding cap limits. Two additional terms of the contract will also be changed within this amendment. These changes include correcting the number of maintained traffic signals from 112 to 117 and changing the term of the contract to align with the City's fiscal year calendar. Therefore, the annual renewal of the compensation will be consistent with the City's budget and commence on July 1. Currently, the terms of the agreement correspond to the anniversary of the contract execution (April 10th) The maintenance and repair prices that have been programmed in the original scope of work have not increased over the life of the agreement, nor will they be changed through this amendment. This maintenance agreement is in addition to the ongoing work effort associated with the current Traffic Signal Modernization project and the annual Traffic Signal Rehabilitation projects. These projects are funded through the annual Capital Improvement Program and facilitate large scale rehabilitation /replacement of traffic signals and upgrades to the traffic signal system. ENVIRONMENTAL REVIEW This action is not subject to the California Environmental Quality Act ( "CEQA ") and no action is required. Traffic Signal Maintenance Agreement — Approval of Amendment 1 to Service Agreement with Republic ITS, Inc. February 22, 2011 Page 3 PUBLIC NOTICE The agenda item was noticed according to State Law prior to the City Council consideration of the item. FUNDING AVAILABILITY The current FY 2010/11 budget for this contract includes $284,000 for use towards traffic signal maintenance and accommodates this increased funding cap in the following accounts and no new funding is being requested. Account Description TS Maintenance TS Collision Repair Prepared by: Brad Sommers, P.E. Senior Civil Engineer Account Number Amount 5200 -8030 $254,000.00 5200 -8034 $30,000.00 Total: $284,000.00 Submitted by: ity of Newpo Beach Signalized Interse ions LEGEND City- Operated Traffic Signals (112 locations) City- Operated Traffic Signals (5 locations added since Republic ITS contract execution) AMENDMENT ONE TO THE SERVICE AGREEMENT WITH REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC. FOR MAINTENANCE AND REPAIR OF CITY TRAFFIC SIGNAL SYSTEM THIS AMENDMENT NO. ONE TO MAINTENANCE AND REPAIR SERVICE AGREEMENT ( "Amendment No. One "), is entered into this day of of 2011, ('Commencement Date ") by and between the CITY OF NEWPORT BEACH, a Municipal Corporation and Charter City ( "City "), and REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC., a California Corporation located at 371 Bel Marin Keys Boulevard, Suite 200, Novato, California, 94949 ( "Company'), is made with reference to the following: RECITALS A. On April 10, 2007, City and Republic Intelligent Transportation Services, Inc. entered into a Maintenance and Repair Service Agreement ( "Service Agreement ") for the City Traffic Signal System for maintenance and repair services for all traffic signal controllers, electrical or mechanical traffic control or traffic devices, traffic signal poles and all other hardware, at all signalized intersections within the City (hereinafter referred to as the "City's Traffic Signal Facilities "). B. The City currently operates and maintains 117 traffic signals within City limits. City desires to enter into this Amendment No. One to reflect additional services not included in the Agreement, to extend the term of the Agreement by two months in order to follow the fiscal calendar year, and to increase the total compensation. NOW, THEREFORE, it is mutually agreed by and between the undersigned as follows: 1. TERM Section 1 of the Service Agreement, shall be amended in its entirety and replaced with the following: The term of the Agreement shall follow the fiscal year calendar and terminate on June 30, 2012, unless terminated earlier as provided for in Agreement. 2. COMPENSATION The introductory paragraph to Section 3 of the Service Agreement shall be amended in its entirety and replaced with the following: City shall pay Republic Intelligent Transportation Services, Inc. for the services on a time and expense not -to- exceed basis not to exceed the sum of Two Hundred and Eighty Thousand Dollars ($280,000.00) per fiscal year ( "Contract Amount ") in accordance with the provisions of this Section and the Contract Unit Price Schedule attached as Exhibit B to the Service Agreement. 3. HOLD HARMLESS Section 11 of the Service Agreement shall be amended in its entirety and replaced with the following: To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 4. INSURANCE Section 12 of the Service Agreement shall be amended in its entirety and replaced with the following: Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. 04 Consultant 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 Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Consultant shall submit to City, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of City, its officers, agents, employees and volunteers. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than, one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for 0 any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. IN WITNESS WHEREOF, the parties have executed this Amendment No. One on the dates below. APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY Date: By Leonie Mulvihill, X10 Assistant City Attorney 1 ATTEST: Date: M Leilani I. Brown, City Clerk 61 CITY OF NEWPORT BEACH A California Municipal Corporation Date: Michael F. Henn Mayor COMPANY: REPUBLIC INTELLIGENT SERVICES, INC., a California Corporation Date: James A. Wagner, Vice President of Engineering By: Jeffrey L. Asch, Secretary and Treasurer a� n • • < P • UNIVERSITY DR BISON AVE ;ity of Newport Beach gnalized Intersections LEGEND City- Operated Traffic Signals (112 locations) . City- Operated Traffic Signals (5 locations added since Republic ITS contract execution)