HomeMy WebLinkAboutReso 38-21 Resolution Approving a Second Amendment to the Contract Services Agreement with Western Pacific Signal, LLCReso. No. 38-21, Item 4.3, Adopted 05/04/2021 Page 1 of 1
RESOLUTION NO. 38 - 21
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
APPROVING A SECOND AMENDMENT TO THE CONTRACT SERVICES AGREEMENT
WITH WESTERN PACIFIC SIGNAL, LLC
WHEREAS, on July 17, 2018, the City Council adopted Resolution No. 90-18 approving a
Contract Services Agreement (Agreement) with Western Pacific Signal, LLC (WPS) to support
expansion of the communications network along major arterials; and
WHEREAS, on November 19, 2019, the City Council adopted Resolution No. 117-19,
approving the first amendment to the Agreement, increasing the original compensation amount of
$105,000 to $200,000; and
WHEREAS, Staff and WPS worked in expanding the traffic signal communications network
along several major arterials and desires to continue to support expansion and maintenance of
the traffic signal communications network; and
WHEREAS, due to the expansion in the scope of work the current not-to-exceed amount
for the Agreement needs to be increased to $360,000; and
WHEREAS, the term of service of the Agreement needs to be extended from June 30,
2021 to June 30, 2023 to support the additional scope of work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Dublin does
hereby approve the Second Amendment to the Contract Services Agreement with Western Pacific
Signal, LLC attached hereto as Exhibit A.
BE IT FURTHER RESOLVED that the City Manager is authorized to execute the Second
Amendment to the Contract Services Agreement and make any necessary, non-substantive
changes to carry out the intent of this Resolution.
PASSED, APPROVED AND ADOPTED this 4th day of May 2021, by the following vote:
AYES: Councilmembers Hu, Josey, Kumagai, McCorriston and Mayor Hernandez
NOES:
ABSENT:
ABSTAIN:
___________________________
Mayor
ATTEST:
__________________________
City Clerk
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AMENDMENT #_2_ TO CONTRACTING SERVICES AGREEMENT BETWEEN THE CITY
OF DUBLIN AND
WESTERN PACIFIC SIGNAL
WHEREAS, on July 18, 2018, the City of Dublin (hereinafter referred to
as "CITY") and Western Pacific Signal (hereinafter referred to as " CONTRACTOR ")
entered into a Contracting Services Agreement to support expansion of the citywide
communication networks along major arterials (hereinafter referred to as the
“AGREEMENT”); and
WHEREAS, on November 19, 2019 Exhibit B of the Agreement was
modified to increase the not-to-exceed amount to $200,000; and
WHEREAS, the existing project scope and agreement are complete and staff
desires additional services to support continued expansion of the citywide communication
network along major roadways and the CITY and CONTRACTOR now desire to amend both
Exhibit A and Exhibit B of the AGREEMENT; and
WHEREAS, the CITY and CONTRACTOR now wish to amend the
AGREEMENT to modify sections 1.1, 2 and 6.1; and
NOW THEREFORE, for good and valuable consideration, the sufficiency of
which is hereby acknowledged, the AGREEMENT is amended as follows:
1)Section 1.1 shall be rescinded in its entirety and replaced with the following:
Term of Services. The term of this Agreement shall begin on the Effective Date and
shall end on June 30, 2023, the date of completion specified in Exhibit A- REVISED,
and Contractor shall complete the work described in Exhibit A-REVISED on or before
that date, unless the term of the Agreement is otherwise terminated or extended, as
provided for in Section 8. The time provided to Contractor to complete the services
required by this Agreement shall not affect the City’s right to terminate the Agreement,
as referenced in Section 8. Notwithstanding the foregoing this Agreement may be
extended on a month to month basis for up to 6 months upon the written consent of
the Contractor and the City Manager, provided that: a) sufficient funds have been
appropriated for such purchase, b) the price charged by the Contractor for the provision
of the serves described in Exhibit A does not increase. None of the foregoing shall
affect the City’s right to terminate the Agreement as provided for in Section 8.
2)Section 2 shall be rescinded in its entirety and replaced with the following:
Section 2. COMPENSATION. City hereby agrees to pay Contractor a sum not to
exceed Three Hundred and Sixty Thousand Dollars ($360,000), notwithstanding any
contrary indications that may be contained in Contractor’s proposal, for services to be
performed and reimbursable costs incurred under this Agreement. In the event of a
conflict between this Agreement and Contractor’s proposal, attached as Exhibit A-
Revised, regarding the amount of compensation, the Agreement shall prevail. City
shall pay Contractor for services rendered pursuant to this Agreement at the time and
in the manner set forth herein. The payments specified below shall be the only
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207
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payments from City to Contractor for services rendered pursuant to this Agreement.
Contractor shall submit all invoices to City in the manner specified herein. Except as
specifically authorized by City in writing, Contractor shall not bill City for duplicate
services performed by more than one person.
Contractor and City acknowledge and agree that compensation paid by City to
Contractor under this Agreement is based upon Contractor’s estimated costs of
providing the services required hereunder, including salaries and benefits of
employees and subcontractors of Contractor. Consequently, the Parties further
agree that compensation hereunder is intended to include the costs of contributions
to any pensions and/or annuities to which Contractor and its employees, agents, and
subcontractors may be eligible. City therefore has no responsibility for such
contributions beyond compensation required under this Agreement.
3) Section 6.1 shall be rescinded in its entirety and replaced with the following:
Independent Contractor. At all times during the term of this Agreement,
CONTRACTOR shall be an independent contractor and shall not be an employee of
City. This Agreement shall not be construed as an agreement for employment. City
shall have the right to control CONTRACTOR only insofar as the results of
CONTRACTOR’s services rendered pursuant to this Agreement and assignment of
personnel pursuant to Subsection 1.3; however, otherwise City shall not have the
right to control the means by which CONTRACTOR accomplishes services rendered
pursuant to this Agreement. CONTRACTOR further acknowledges that
CONTRACTOR performs Services outside the usual course of the City’s business;
and is customarily engaged in an independently established trade, occupation, or
business of the same nature as the CONTRACTOR performs for the City and has the
option to perform such work for other entities. Notwithstanding any other City, state,
or federal policy, rule, regulation, law, or ordinance to the contrary, CONTRACTOR
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any
and all claims to, any compensation, benefit, or any incident of employment by City,
including but not limited to eligibility to enroll in the California Public Employees
Retirement System (PERS) as an employee of City and entitlement to any
contribution to be paid by City for employer contributions and/or employee
contributions for PERS benefits.
4) Except to the extent inconsistent with this Second Amendment, the Parties ratify and
confirm all of the terms and conditions of the AGREEMENT.
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5) All requisite insurance policies to be maintained by the Consultant pursuant to the
Agreement, as may have been amended from time to time, shall include coverage for
the amended term, as described above.
6) The individuals executing this Amendment and the instruments referenced in it on
behalf of Consultant each represent and warrant that they have the legal power, right
and actual authority to bind Consultant to the terms and conditions of this
Amendment.
SIGNATURES ON THE FOLLOWING PAGE
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IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment
to be executed as of the date of the City Manager’s signature below.
CITY OF DUBLIN NAME OF CONTRACTOR
By: _____________________________ By: _____________________________
Linda Smith, City Manager Donald R. Shupp, Principal
Dated:
ATTEST:
By:
Marsha Moore, City Clerk
APPROVED AS TO FORM:
By: _____________________________
City Attorney
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207
Western Pacific Signal, LLC
15890 Foothill Blvd, San Leandro, CA 94578
Office: (510) 276-6400 Fax: (510) 397-0398
City of Dublin Communications Master Plan
Field Element Identification Contract Services 2021-2022
1
April 15, 2021
Ms. Sai Midididdi, T.E., Associate Civil Engineer (Traffic)
City of Dublin Engineering - Transportation
100 Civic Plaza – City Hall
Dublin, CA 94568
Re: Proposal to Provide Ongoing Support Services in support of the City Communications
Master Plan
Dear Ms. Midididdi,
Western Pacific Signal (“WP Signal”) is excited to provide continue fulfillment our traffic
communications network services to support the ongoing City Communications Upgrade for
ITS devices along the Dublin Blvd. corridor, and elsewhere.
Details are found within the attached Scope of Services attachment.
Sincerely,
Donald R. Shupp
President
EXHIBIT A - REVISED
Scope of Work
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207
Western Pacific Signal, LLC
15890 Foothill Blvd, San Leandro, CA 94578
Office: (510) 276-6400 Fax: (510) 397-0398
City of Dublin Communications Master Plan
Field Element Identification Contract Services 2021-2022
2
SCOPE OF SERVICES
Vendor shall provide traffic signal network integration support and services, specific to the
City of Dublin Intelligent Transportation System (ITS). The City shall assign work order tasks
to direct the vendor to maintain, troubleshoot, and expand specified ITS field infrastructure
between signalized intersections and City Hall, essential to support the City Advanced Traffic
Management System (ATMS).
VENDOR QUALIFICATIONS & BACKGROUND
Western Pacific Signal (“WP Signal”) is a local Bay Area-based traffic signal systems
integrator and signal control product distributor. WP Signal has been an active and reliable
vendor to the City of Dublin for the past 20 years. WP Signal has furnished and supported
the City a variety of traffic signal controller assemblies and associated broadband signal
interconnect communications equipment. The vendor has successfully provided technical
support, training, and on-site assistance for traffic signal system various upgrade projects
throughout the City. The vendor is also a long-term transportation consultant to several
other local public agencies, including the County of Alameda, which provides the electrical
maintenance to City traffic signals and street lights. WP Signal customer service resources,
and technical support team have shown mastery in the practice of network design,
coordinated signal controller timing operations, vehicle detection technology, and electrical
traffic cabinet troubleshooting in past City projects. The vendor has demonstrated each of
these skills in previous City contracts, and has shown to be uniquely qualified in offering a
locally-based support team with a diversity of these skills, and a timely response time
needed to maintain the critical infrastructure of Dublin ITS.
VENDOR SUPPORT AND DISTRIBUTION CAPABILITIES
The vendor is currently either an exclusive or preferred authorized distributor within the
City of the following brands of signal control equipment in current or future use by the City:
1. Econolite Control Products, including ISS AutoScope Detection Systems
2. Centracs Mobility Automated Traffic Signal Performance Measures (ATSPM)
3. EtherWAN Systems ITS Network switches and routers
4. Actelis Networks ITS Network switches and routers
5. Encom Wireless broadband radio transceivers
6. Emtrac Preemption & Transit Priority GPS and Radio equipment
7. JSF Technologies school zone flashers and pedestrian safety beacons
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207
Western Pacific Signal, LLC
15890 Foothill Blvd, San Leandro, CA 94578
Office: (510) 276-6400 Fax: (510) 397-0398
City of Dublin Communications Master Plan
Field Element Identification Contract Services 2021-2022
3
8. Alpha Technologies (EnerSys) Battery Backup Systems (BBS)
9. Leotek Electronics LED traffic signal lamps & LED streetlights
SUPPORT OBJECTIVE AND NEEDS
Vendor shall provide timely and critical-need technical support, associated with ATMS
operations and communication to our intersection controllers. These critical services assure
communication and monitor City traffic signal systems. These systems provide several key
benefits to the Dublin and it’s citizens, including:
•Real-time monitoring and adjustment of the City Adaptive Signal Control System,
known as Signals-as-a-Service (SaaS).
•Improved safety by providing enabling the traffic engineer to make remote changes
and adjustments to signal timing.
•System generated field alerts, and associated report generation, to determine
existence of maintenance or operational issues needing review or remedy.
•Graphically monitoring the signal operations and corridor congestion levels, in real
time.
•Applying these changes and best practices to maintain our ITS signal operations at
optimum levels. This readiness state helps reduce average travel times for local
traffic and transit vehicles, while maintaining safer travel conditions for bicyclists,
motorized scooters, and pedestrian community.
SCOPE OF WORK AND TASK ASSIGNMENTS
The Scope of Services to be provided by WP Signal include, but are not limited to:
1. Configuration and network management of various Servers, Hub switches, which
provide real-time data connection to the City Transportation Management Center
(TMC).
2. Training and implementation of best practices for secured network and
cybersecurity auditing of these essential public safety assets.
3. Signals-as-a-Service (SaaS) Monitoring and Reporting of the Dublin ATMS central
control for alarms, alerts, and equipment malfunctions to City staff and contracted
on-call signal maintenance technicians.
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207
Western Pacific Signal, LLC
15890 Foothill Blvd, San Leandro, CA 94578
Office: (510) 276-6400 Fax: (510) 397-0398
City of Dublin Communications Master Plan
Field Element Identification Contract Services 2021-2022
4
4. Network load balancing, and redundant ring configuration of Industrial field-
hardened Network Edge switches (Fiber, Copper, Cellular, and Radio-based
broadband equipment).
5. ITS Network integration, documentation, and testing of City-owned twisted pair
copper and City-owned fiber-optic Signal Interconnect Cable (SIC).
6. Technical support, and documentation maintenance for Ethernet-based Internet of
Things (IoT) based traffic signal field equipment, specific to the Dublin ITS field
devices. including IP, subnet masks, UDP port assignments, and firmware upgrades.
Covered Dublin ITS field equipment shall include:
a. Traffic Signal Controllers and electrical cabinet enclosures
b. Network switches, routers, and radios for public safety applications
c. Video and Radar-based Vehicle / Bicycle Detection Systems
d. Vehicle Count Stations and Wireless travel time hubs
e. CCTV Video Cameras for traffic monitoring
f. Malfunction Management Units (MMU) safety monitor devices
g. Battery Backup System (BBS) Inverters and event logging devices
h. Emergency Vehicle Preemption (EVP) Phase Discriminator controllers
i. Transit Signal Priority (TSP) Phase Discriminator control units
j. Accessible Pedestrian System (APS) stations & Interface controllers
k. Rectangular Rapid Flashing Beacon (RRFB) and Warning signs
l. Streetlight power controls and event monitor devices
===
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EXHIBIT B-REVISED
Compensation Schedule
The not to exceed amount total for this agreement $200,000$360,000 is for the following
technical support and equipment supply:
Technical Support:
Year Cost for Three Five Years
FY 18 - 19 $15,000.00
FY 19 - 21 $35,000.00
FY 2021 - 2023 $40,000.00
Equipment Supply:
Year Cost per Year for Equipment
FY 18 - 19 $ 30,000.00
FY 19 - 20 $ 60,000.00
FY 20 - 21 $ 60,000.00
FY 2021- 2022 $ 60,000.00
FY 2022 - 2023 $ 60,000.00
Total Cost: $ 200,000.00$360,000.00
Invoicing Requirements
All invoices shall be sent to City electronically, to the following email address:
PWaccounting@dublin.ca.gov and shall be sent to the attention of Accounting Staff. Each
attached invoice shall identify the assigned project manager, a contact for firm’s accounting
representative, as well as the City project manager requesting the completed work.
Invoices shall be termed from the first of the month, through the end of the month, and shall be
submitted within sixty days of completion of each month, with the exception of invoices for the
months of May and June. May and June invoices, as well as all other outstanding invoices, shall
be due by July 15th of that year.
DocuSign Envelope ID: 0380AB3A-E0C6-4E53-9A2D-6AE7F824B207