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HomeMy WebLinkAbout08 - Traffic Signal Modernization ProjectCITY OF NEWPORT BEACH City Council Staff Report May 27, 2014 Agenda Item No. 8. TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: David A. Webb, Public Works Director- (949) 644 -3330, dawebb @newportbeachca.gov PREPARED BY: Brad Sommers, Senior Civil Engineer PHONE: 949 - 644 -3326 TITLE: Approval of Professional Services Agreement with Iteris, Inc., for Traffic Signal Modernization Project — Phase 8 (San Miguel Drive and Miscellaneous Locations) (CAP15 -0021) ABSTRACT: Engineering services are required for preparation of plans and specificationsfor the eighth and final phase (Phase 8) of the TrafficSignal Modernization Project. The project will modernizethe remaining six traffic signals, install Fiber Optic communication cable and Closed Circuit Television Cameras and rehabilitate three existing traffic signals. RECOMMENDATION: Approve a Professional Services Agreement with Iteris, Inc. (Iteris), of Santa Ana, for the design of Phase 8 of the Traffic Signal Modernization Project at a not to exceed price of $171,825.00 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for engineering services to be expended from Account No. 7261- C3002023. DISCUSSION: The City -wide Traffic Signal Modernization Project is being designed and constructed as a multi -year project to install a new and upgraded City -wide traffic signal management system that utilizes state of the art technology improvements. The goal of this multi - phased project is to reduce congestion and improve the efficiency and flexibility of our traffic signal system. Prior to the first phase of the Traffic Signal Modernization Project, staff invited seven firms to provide proposals for design of the project. Staff received three proposals, which were reviewed to evaluate each firm's qualifications, past experience on similar projects, and availability before selecting Iteris as the most qualified. As the citywide modernization project is a phased project, staff planned to utilize one design consultant for the duration of the project to maintain consistency of the design and to capture cost savings by avoiding a new learning curve on each phase. In order to maintain design consistency and reduce costs, staff requests the City Council recognize Iteris as a single source vendor for this agreement and waive Council Policy F -14's administrative requirements to seek formal proposals. Staff did select the current design consultant through a formal proposal process prior to the start of the first phase. During design and construction of the previous Traffic Signal Modernization Projects, Iteris has developed extensive knowledge of the City's traffic signal system and effectively reduced staff review time through better prepared plans and more comprehensive design. Staff recommends approval of an agreement with Iteris for the design of the eighth and final phase of the Traffic Signal Modernization Project which will improve our system reliability and efficiency, as well as staff's ability to manage the system. The services included in the Iteris agreement are described below and detailed in the attached Professional Services Agreement: 1. Preparation of Phase 8 Plans, Specifications and Estimates (PS &E). The Project consists of upgrades to the traffic signal control and communication equipment and installation of fiber optic communication cable at the remaining six existing signalized intersections along: • San Miguel Drive (four existing traffic signals): San Joaquin Hills Road to Port Ramsey Place; • Jamboree Road at Bayside Drive - Marine Avenue; and • Birch Street at Von Karman Avenue. Closed Circuit Television Cameras (CCTV) will be installed at the following four intersections: • San Miguel Drive /Spyglass Hill Road - Eastgate Drive; • Jamboree Road / Bayside Drive - Marine Avenue; • Balboa Boulevard /Main Street; and • Irvine Avenue /Santiago Drive. Fiber Optic communication cable will be installed along the following segments where the communication cable was not updated in earlier phases of the modernization program: • MacArthur Boulevard: Bonita Canyon Road to Bison Avenue; • Bayview Place: Bristol Street to Bayview Circle; and • Orchard Drive: Irvine Avenue to Birch Street. As part of the project, Fiber Optic Communication cable will be installed along Marguerite Avenue to connect the Big Canyon Reservoir water monitoring and security systems to the City's communication network. 2. Develop and deploy optimized traffic signal timing plans for traffic signals and corridors at the Phase 8 intersections. Traffic Signal Modernization Exhibit ATTACHMENT A LEGEND PHASES 1 -)(109 SIGNALS) Ftl SFOT PLANNED CONST(10 SIGNALS) PHASES L -7 CCN CAMERAS (]S CAM1iH9Ab) PHASE S EITEOREC ( /CAMERAS) COMMONICATIONR CITY OF NEWPORT BEACH PUBLIC WORKS DEPARTMENT 05/27/2014 As with the previous phases of the Traffic Signal Modernization Project, Iteris will review existing conditions and traffic signal timing to create new timing and coordination plans. The timing review will also ensure the City is in compliance with State and Federal traffic signal timing guidelines. Iteris will implement the optimized traffic signal coordination plans into the City's traffic signal system and "fine- tune" the traffic signal system through field observations. 3. Preparation of PS &E for rehabilitation of the following three existing traffic signals. • Jamboree Road /Bayside Drive - Marine Avenue; • MacArthur Boulevard /San Joaquin Hills Road; and • San Miguel Drive /Pacific View Drive - Baywood Drive. Upon completion of the eighth and final phase, the city -wide Traffic Signal Modernization Project will have created a Fiber Optic Ethernet communication network and modernized traffic signal control equipment, retimed and integrated all 123 City traffic signals into the City's Traffic Management Center. Additionally, the Public Works and Information and Technology Departments are working together to improve reliability of the connection to City facilities by utilizing the new traffic signal Ethernet communication network that was installed through the Traffic Signal Modernization Project. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301, (for repair, maintenance and minor alteration of existing public facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). ATTACHMENTS: Description Attachment A - Traffic Signal Modernization Exhibit Attachment B - Professional Services Agreement and Scope of Services ATTACHMENT B PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. FOR TRAFFIC SIGNAL SYSTEM MODERNIZATION PROJECT — PHASE 8 THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and entered into as of this 28th day of May, 2014 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and ITERIS, INC., a California corporation ( "Consultant'), whose address is 1700 Carnegie Ave, Suite 100, Santa Ana, CA 92705, and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City desires to engage Consultant to provide design and signal timing services in support of Phase 8 of the Traffic Signal System Modernization Project ( "Project'). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2015, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). City may elect to delete certain Services within the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to strictly adhere to the schedule set forth in Exhibit A, if any, or perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 3.2 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) calendar days of the occurrence causing the delay to the other party so that all delays can be addressed. 3.3 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator as defined herein not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.4 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by hand - delivery or mail. MEMK91TAZ *6Y_t1t ]►lrfqZ91]111.i1 It IF-A ► I 4.1 City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Seventy One Thousand Eight Hundred Twenty Five Dollars and 001100 ($171,825.00), without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) calendar days after approval of the monthly invoice by City staff. 4.3 City shall reimburse Consultant only for those costs or expenses specifically identified in Exhibit B to this Agreement or specifically approved in writing in advance by City. 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did Iteris, Inc. Page 2 not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Paul Frislie to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to City. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. City's Public Works Director or designee shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES To assist Consultant in the execution of its responsibilities under this Agreement, City agrees to provide access to and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's Work schedule. 8. STANDARD OF CARE 8.1 All of the Services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services in a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. Iteris, Inc. Page 3 8.2 All Services shall be performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement, all applicable federal, state and local laws, and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 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, attorneys' fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this Agreement 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. 9.2 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 attorneys' 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. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No Iteris, Inc. Page 4 civil service status or other right of employment shall accrue to Consultant or its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE 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 or for other periods as specified in this Agreement, policies of insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or co- tenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting Iteris, Inc. Page 5 power or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The subcontractors authorized by City, if any, to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall it create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and City. Except as specifically authorized herein, the Services to be provided under this Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out without the prior written approval of City. 17. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced, including but not limited to, websites, blogs, social media accounts and applications (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Additionally, all material posted in cyberspace by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents, including all logins and password information to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant, and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. Iteris, Inc. Page 6 17.4 CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 17.5 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostatically plotted on standard twenty -four inch (24 ") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18. OPINION OF COST Any opinion of the construction cost prepared by consultant represents the consultant's judgment as a design professional and is supplied for the general guidance of City. Since consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. 19. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of information. 20. INTELLECTUAL PROPERTY INDEMNITY Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. Iteris, Inc. Page 7 21. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST 25.1 Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. Iteris, Inc. Page 8 25.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES 26.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 26.2 All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 1768 Newport Beach, CA 92658 26.3 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Paul Frislie Iteris, Inc. 1700 Carnegie Ave, Suite 100 Santa Ana, CA 92705 27. CLAIMS Unless a shorter time is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and identified by Consultant in writing as unsettled at the time of its final request for payment. Consultant and City expressly agree that in addition to any claims filing requirements set forth in the Agreement, Consultant shall be required to file any claim Consultant may have against City in strict conformance with the Government Claims Act (Government Code sections 900 et seq.). Iteris, Inc. Page 9 28. TERMINATION 28.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 28.2 Notwithstanding the above provisions, City shall have the right, at its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days' prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 29. PREVAILING WAGES Pursuant to the applicable provisions of the Labor Code of the State of California, not less than the general prevailing rate of per diem wages including legal holidays and overtime Work for each craft or type of workman needed to execute the Work contemplated under the Agreement shall be paid to all workmen employed on the Work to be done according to the Agreement by the Consultant and any subcontractor. In accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial Relations has ascertained the general prevailing rate of per diem wages in the locality in which the Work is to be performed for each craft, classification, or type of workman or mechanic needed to execute the Agreement. A copy of said determination is available by calling the prevailing wage hotline number (415) 703 -4774, and requesting one from the Department of Industrial Relations. The Contractor is required to obtain the wage determinations from the Department of Industrial Relations and post at the job site the prevailing rate or per diem wages. It shall be the obligation of the Contractor or any subcontractor under him /her to comply with all State of California labor laws, rules and regulations and the parties agree that the City shall not be liable for any violation thereof. 30. STANDARD PROVISIONS 30.1 Recitals. City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. Iteris, Inc. _ Page 10 30.2 Compliance with all Laws. Consultant shall, at its own cost and expense, comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 30.3 Waiver. A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30.4 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.5 Conflicts or Inconsistencies. In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.6 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 30.7 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.8 Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 30.9 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. 30.10 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. 30.11 No Attorneys' Fees. In the event of any dispute or legal action arising under this Agreement, the prevailing party shall not be entitled to attorneys' fees. Iteris, Inc. Page 11 30.12 Counterparts. This Agreement may be executed in two (2) or more counterparts, each of which shall be deemed an original and all of which together shall constitute one (1) and the same instrument. [SIGNATURES ON NEXT PAGE] Iteris, Inc----- - - - - -- -- --- - - - - -- - - Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY AT R�IEY'S OFFICE Date: l I q By: IM M Vl,— Aaron C. Harp City Attorney ATTEST: By: Leilani I. Brown City Clerk CITY OF NEWPORT BEACH, a California municipal corporation Date: Bv: Rush N. Hill, II Mayor CONSULTANT: corporation Date: By: Dan Gilliam Vice President Date: Iteris, Inc., a California By: Craig A. Christensen Controller [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements Iteris, Inc. Page 13 EXHIBIT A SCOPE OF SERVICES Iteris, Inc. Page A -1 EXHIBIT B SCHEDULE OF BILLING RATES Iteris, Inc. Page B -1 EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 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. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Iteris, Inc. Page C -1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence 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 and other endorsements as specified herein for each coverage. 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 Iteris, Inc. Page C -2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder. D. 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. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's 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. Iteris, Inc. Page C 3 EXHIBIT SCOPE OF SERVICES Iteris, Inc. Page A -1 A i E IS f,hate"arr 4 ,(`,� nrLettnrnrnLlil, May 8, 2014 Brad Sommers Senior Civil Engineer City of Newport Beach Public Works Department 100 Civic Center Drive Newport Beach, CA 92660 Re: Proposal for Newport Beach Traffic Signal System Modernization Project— Phase 8 P146NRL- 0362.14 Dear Mr, Sommers: Iteris, Inc. (Iteris) is pleased to submit this proposal to provide Design and Signal Timing services in support of the Traffic Signal System Modernization Project — Phase 8 to the City of Newport Beach (City). Headquartered in Santa Ana, Iteris staff supporting this project are located just minutes from Newport Beach. Iteris has successfully completed numerous ITS design projects within Orange County Including Newport Beach, where Iteris has completed similar services for the City's Phases 1 -7. Iteris is the largest transportation engineering firm specializing in the fields of traffic engineering, Traffic Signal Systems, Intelligent Transportation Systems (ITS) and transportation planning, headquartered in Southern California. The firm's knowledge of traffic engineering and operations enables staff to design and implement transportation solutions that help public agencies reduce traffic congestion, enhance system reliability and Improve mobility. Iteris proposes Mr. Paul Frislie, a registered California Professional Engineer, as the Project Manager for this project. Mr. Frislie will be the principal contact with the City and other entitles per the City's direction. As Project Manager, Mr. Frislie will oversee work from project inception to completion and will be responsible for coordinating staff activities and meetings. For over twelve years, Mr. Frislie has been Involved in several transportation and traffic engineering projects that include planning, design and deployment of ITS, and traffic signal design. Mr. Frislie will be supported by Mr. Scott Carlson, who will serve as Senior Advisor. Thank you very much for the opportunity to submit this proposal. Iteris looks forward to this new opportunity to continue assisting the City on important and successful ITS planning, design and deployment projects. Please feel free to call me at 949 - 270.9578, or the designated Project Manager, Mr. Paul Frislie, at 949 - 270 -9597, should you have any questions. Sincerely, Iteris, Inc. Scott Carlson, PE Vice President -West Region ITS /Engineering Transportation Systems 1700 Carnegie Avenue I Suite 100 1 Santa Ana I CA 192706-5551 1 lal. 949.270.9400 I fax 949.270.9401 1 wwvdleris.com Table of Contents A. Project Approach .................. .:............ ..:.....::. .......:......... :.. ......... .. ..........:..................1 B. Fee Schedule .................................:........................................................... .............................13 Tables and Figures Figure1: Project Area Map ..................................................:...........:.............. .....................:.........3 Page I i ; .. .. .l. TE . A. PROJECTAPPROACH Iteris has prepared a detailed scope of work to ensure that the Traffic Signal Modernization Phase 8 project is completed on time, within budget and to the complete satisfaction of the City. Iteris proposes to complete the design of the project (Task 1) within a three -month time period; a schedule that should allow the City to capture the low construction costs. The schedule for signal timing is devised to implement signal timing plans after construction is completed. The project approach is based on the project understanding, project issues and goals, Iteris' depth of understanding of both ITS and Systems Engineering; and past experience working with the City of Newport Beach on the Traffic Signal Communication Master Plan and Phase I PS &E, the Traffic Signal Modernization Phase 2 and Phase 3. the Traffic Signal Modernization Phase 4 and 7 the Traffic Signal Modernization Phase 5 project, and the Traffic Signal Modernization Phase 6A and 6B. projects. Iteris' approach is divided into the tasks listed below. • Task 0: Project Management Task 1; Traffic Signal System Modernization Design (PS &E) • Task 2: Traffic Signal Timing Development and Deployment • Task 3: Construction Support Iteris' scope of work is based on the services Iteris provided to the City on the previous Traffic Signal Modernization projects as previously noted, the details of the Master Plan specific for Phase S and input from City staff, Iteris will work with City staff to prepare a detailed schedule as necessary to meet any project requirements and is proposing a 3 -month schedule to complete design. Note that the preparation of the signal timing plans can occur atany time. Iteris recommends that the initial data collection for the signal timing effort be completed in parallel with the design field work. However, the traffic counts need to be completed while school is in session (January — June or September — November), which may require an adjustment in the schedule for Task 2. Implementation and fine - tuning will be completed after construction of the traffic signal system modernizations. Iteris strongly believes that excellent project management is essential in the successful completion of any project. Successful completion does not only mean finishing the project, but also completing the project to the client's satisfaction within budget and on schedule. As part of Iteris' project management strategy,. Mr. Paul Frislie will serve as the Project Manager (PM) for this project. He will be the principal contact with the City and other entitles per the City's direction. As part of the Project Management task, Mr. Frislie will be available to attend regular meetings with City staff and prepare and present status reports. He will also be available to City staff should specific questions arise throughout the duration of the project and for special coordination meetings to discuss the project with other stakeholders /neighboring agencies. Mr. Frislie will be. supported by Mr. Bernard Li who will serve as the Senior Advisor on this project. Iteris' PM approach has been developed through many years of experience, and has proven effective in measuring progress, anticipating problems, reacting quickly to changes in, the requirements and maintaining Page I 1 schedule. integrity. This approach is designed with checks and balances that have.resulted in an impressive.track record of successful projects. Some items that contribute to this approach are discussed briefly below. COMMUNICATION. Active and open communication between the City and Iteris is vital. Communication is essential to the successful outcome of any project. Iteris' primary objective is to keep the. City abreast of the developments that impact the project. QUALITY ASSURANCE /QUALITY CONTROL (QA /QC) Iteris' ability to Implement high - quality deliverables is a result of the adherence to a quality assurance program that ensures accuracy, product usability and an overall commitment to product excellence and user satisfaction. The Iteris PM ensures the team's commitment to these objectives by identifying goals at the outset of the project and monitoring the product implementation and delivery process. Iteris strives to improve the processes and tools used to provide high - quality products and services. INTERNAL QA /QC Iteris' quality assurance also Includes internal management reviews. Iteris upper -level management is committed to maintaining a proper environment for the successful execution of the project, providing projects with adequate resources, and monitoring the effectiveness of the project PM and the project team, Internal management conducts monthly project review meetings, reviewing the current project status against the current project schedule to ensure that projects are kept on schedule and on budget. This task will focus on the continued citywide upgrade of the City's VMS 330 traffic signal system to the Centrocs'" traffic signal system, the deployment of CCTV cameras at select intersections and upgrades (rewire, signal modifications) at select signalized intersections, all of which will be supported by Ethernet -based communications employing a combination of new fiber optic cable and existing twisted pair cable. The Project will include a total of 6 City of Newport Beach signalized intersections. The listing of project signalized intersections below includes the type of existing traffic signal controller. (1) San Miguel Dr/ Port Ramsey PI Existing 820A (2) San Miguel Dr / Spy Glass Hill. Rd — Eastgate Dr Existing 820A (3) San Miguel Dr /Port Sutton Dr — Yacht Coquette Existing82OA (4) San. Miguei Dr/ Pacific View Dr Existing 820A (5) Bayside Dr/ Marine Ave — .Jamboree Rd Existing 820A (6) Birch St / Von Karman Ave Existing 820A The Project signalized intersections, as shown In Figure 1, represent a portion of Phase 8 of the Master Plan. The output of Task 1 will be a detailed Plans, Specifications and Estimate (PS &E) package for the system elements summarized below. LrEPJ& Page 12 6€�E.NP ,q, fdulUSUnics 820 /020A `*9� WfOpoeed l:GlV Canters Napr Nbet Optic Cade In Exisfing'Conddt ....w Near Conduli eaii Me[ cable. t �, lms 01 Figure 1: Project Area Map �a o i Y 11 ti 4 ' r`" s�stixaae Y '. , RD WPORTEMACH - 0.000 1, TraffV51gnal Controllers: Replace existing traffic signal controllers at six (6) existing Project signalized intersections with new City- furnished Econolite ASC /3 shelf -mount traffic signal controllers. in NEMA cabinets. 2. CCTV Surveillance Cameras: Prepare design to implement new IP CCTV camera at four (4) locations with cameras . mounted on existing traffic signal poles. (1) Bayslde Dr/ Marine Ave (2) Irvine Ave / Santiago Dr (3) Balboa Blvd / Main Stir (4) San Miguel Dr /Spy Glass Hill Rd 3. Communications: The Project signalized intersections east of San Miguel Drive are currently supported with twisted pair cable. The City's existing communications will be modernized to support Ethernet communications to alt traffjc,signal controllers along the corridor and the CCTV cameras. The upgrades will ITE S' Page 13 utilize the existing infrastructure to the maximum extent possible, and will include new fiber optic cattle. The details of the communications upgrades are summarized below. (1) San Miguel Drive: Communication upgrades will consist of new fiber optic cable installed in new conduit along San Miguel Drive from San Joaquin Hills Road to Port Ramsey Place (2) MacArthur Boulevard: Communication upgrades will consist of new fiber optic cable installed in new conduit along MacArthur from Bison Avenue to Bonita Canyon Drive (3) Jamboree Road: Communication upgrades will consist of new fiber optic cable installed in new conduit along Jamboree Road from Coast Highway to Bayside Drive (4) Bayview Place: Remove existing wireless communication, install new fiber optic cable in new conduit along Bayview Place from Bristol Street South to Bayview Circle (5) Orchard Street: Remove existing wireless communication, install new fiber optic cable in new conduit along Orchard Street from Irvine Avenue to Birch Street. (6) Birch Street: Utilize existing twisted pair cable between MacArthur Boulevard and Von Kannan Avenue. (7) Marguerite Avenue: Communication upgrades will consist of new fiber optic cable installed in new conduit along Marguerite from San Joaquin Hills Rd to the Big Canyon Reservoir buildings. 4. Full Intersection Rehabilitation: Upgrade existing signalized Intersection with new traffic signal poles, signal heads, pedestrian heads, traffic signal controller cabinet and new conductors (rewire), at three signalized intersections listed below. (1) Jamboree Rd /Marine at Bayside —Full Rehabilitation (2) MacArthur Blvd at San Joaquin Hills Rd — Full Rehabilitation (Continued from Phase `5 30% Design) (3) San Miguel Rd at Pacific View — Removal of protected /permissive left turn Task 1.1: Preliminary Design and 30% Plans The first step in developing the PS &E package for the Traffic Signal System Modernization Phase 8 project. N to prepare a Preliminary Design Technical Memorandum that both qualifies and quantifies the project elements. Under this task Iteris will detail the design of the signal system modernizations, CCTV camera design, and communication infrastructure to support the overall Project. Iteris has designed, deployed and integrated several systems similar to this for the City of Newport Beach and will be able to complete this effort as efficiently and effectively as possible. Based on the proposed scope of work and Iteris' understanding of the project, the Preliriminary Design Technical Memorandum efforts will focus on the Project elements as detailed previously in Task 1. Upon completion of the field surveys, Iteris will prepare a Technical Memorandum for review by the City. The Technical Memorandum will serve as a basis for the Detailed Design completed in Task 1.2. City comments on the Technical Memorandum will be incorporated into the detailed design. Below is a summary of the efforts that will support the development of the Preliminary Design. Page 14 Traffic signal Modernization The design of the traffic signal controller upgrades will involve the preparation of design packages for the installation of new ASC /3 traffic signal controllers in existing traffic signal controller cabinets at select locations, as detailed in Task 1. The design of the traffic signal cabinet and controller replacements will include an extensive field review of the existing inventory and detail necessary cabinet equipment upgrades, intersection wiring, communications interface, as well as. conduit and pull boxes. Civil engineering improvements will be limited to the cabinets where It is determined that the existing cabinets need to be replaced. This work will be detailed on a combination of the 40 -scale communication design plans as well as 20 -scale intersection plans in the case of signal rewiring and rehabilitation locations. The details of the traffic signal controller modernization, including Ethernet communication requirements, recommended upgrades and integration with the new traffic sign,a,l system, and other possible Intersection upgrades, will be incorporated into the design. CCTV Cameras The design of the CCTV cameras will Involve the preparation of PS &E package for the installation of new CCTV cameras at the signalized intersections as detailed In Task 1. The design will include details on all necessary cabinet equipment upgrades, intersection wiring and communications interface. Civil engineering improvements will be limited to the installation of CCTV cameras on existing.poles. The CCTV design will include the plans, specifications and cost estimates for the implementation of CCTV cameras, and associated hardware. to interface the cameras with the fiber optic communication system. The design of the CCTV camera system will be based on IP CCTV cameras. Traffic Signal Communication Upgrades Iteris will prepare the PS &E for the communication system. The design of the communication system will focus on implementing an Ethernet -based communications system tosupport the Project traffic signal controllers and CCTV cameras, while.serving as a foundation for the expansion of the communication system to other corridors and signalized. intersections over time. The design of the communication system will include fiber optic cable in a combination of primarily existing and select segments of new conduit. At the discretion of the City, other communication mediums can be considered. The design.of the communication system will include the use of existing conduit and pull boxes to the maximum extent possible and the installation of new conduit and pull boxes, as required, due to lack existing infrastructure or the lack of spare capacity in the existing infrastructure. Design Reviews and Approvals The Preliminary Design Memorandum will document the existing conditions, and detail the recommended design elements encompassed in the traffic signal controller upgrades, traffic signal cabinet upgrades, CCTV cameras, and the communication upgrades, along with a Preliminary Cost Estimate for construction. The Preliminary Design Memorandum will also include the 30% design that includes base plans and preliminary design elements that will be used to support the Preliminary Cost Estimate for construction. t Page 15 The Preliminary Design. Memorandum will be submitted to the City in :draft form. As a. cost savings measure, Iteris will conduct a review of 'City comments and incorporate them into the Detailed Design. The Preliminary Design Memorandum will not be updated and submitted as a final document. Required Permits, Affected Agencies and Coordination Issues The installation of the field elements will be done primarily in existing conduit, minimizing the amount of construction, and will be completed within City right -of -way. It is not anticipated that any permits will be required. Deliverables: • Preliminary Design Memorandum • 30% Plans and Estimates Task 1.2: Detailed Design once the details of the project elements have been identified and agreed upon by the City in the form of City comments on the Preliminary Design Memorandum (Task 1.1), Iteris will begin the detailed design phase that will produce the 90 %, 100% and Firial submittals. The plans and specifications will include the traffic signal controller upgrades, traffic signal cabinet upgrades, CCTV cameras; wiring and other intersection upgrades, associated communication equipment, fiber optic and twisted pair communications and infrastructure. The plans and specifications will be prepared to satisfy the requirements of the project. The final PS &E will include all necessary improvements to be performed by a contractor for a complete and operational system. The final PS &E will be prepared based on final comments from City staff. Plans will be prepared on AutoCAD in English units for City right -of -way. Itis anticipated that detailed PS &E packages will be prepared for the following items: CCTV site plans at 20- scale. • Communication infrastructure, including conduit, pull boxes, etc., at 40- scale. Communication infrastructure detailsforthe installation of conduit; pull boxes and splice vaults, if applicable. • Traffic signal controller, cabinets and communication hardware upgrades at 40--scale as part of the communication plans. Detailed communication block diagrams forfield equipment and hardware, nodes, communication hubs and fiber assignments. Based on initial estimates, it is envisioned that the PS &E package will be comprised of 20 plan sheets. Typical construction detail sheets will be prepared to support construction of items shown on the field element design plans. These sheets will cover details such as mounting configuration and hardware, and the installation of field element equipment. These sheets will also cover details such as trench configurations, pull box /splice vault details, risers, sweeps and bend requirements, structure crossings, splice procedures, arrangement of multiple field cabinets, cabinet equipment layout and power distribution assembly, and others needed to clearly illustrate the work required. Page 16 Iteris assumes that the City will provide the following information to support the preparation of the detailed design. 1. Utility contact information 2. 20 -scale plans (electronically, scanned ,tif files or hard copies) for the signalized intersections within the limits of the communication segments previous identified in this task, 3. Aerials and/or GIS files that include the communication segments previous Identified in this task. Standard Specifications The City's Traffic Signal Specification Supplemental, updated by Iteris as part of the Phase 6A /B project will be Used to support the Phase 8 project. Design Reviews and Approvals It is assumed that the PS &E for the traffic signal controller upgrades, CCTV cameras, and Communications design elements will be submitted as one package and that each - submittal will be subject to review by the City. Comments from each review cycle received within the established time frames will be reviewed, discussed and incorporated into the next scheduled PS &E submittal. Signature blocks for City will be added to the plans as appropriate. Iteris will meet with the City at each review to discuss the design and address comments. Comments received by the utilities and third party entities will be incorporated into subsequent submittals. Applicable Standards Design plans will be prepared in accordance with applicable Caltrans or Newport Beach standards, including Caltrans 2010 standards, Pubic. Works Construction (2003) and Citystandards. Symbols and legends will be compiled based on discussions with the City and presented for approval before commencing with detailed design. NTCIP standards and open architecture standards will be identified, and followed when possible. Estimates Construction cost estimates will be submitted with the plan submittal at each submittal. For the final submittal, a detailed breakdown by project component will be included in the Bid Summary. Deliverables: • 90% PS &E • 100% PS &E + Final (Mylar) PS &E • Digital PS &E Files Task 1.3: Overall Citywide. Fiber Exhibits With the construction and completion of all eight phases of the City's Traffic Modernization ITS Master Plan, Iteris will combine all the fiber assignments, schematics, port assignments and installed equipment from each phase into one masterfile for submittal to the City fortheir records. T S' Page 17 Deliverables: Citywide Fiber Network Diagrams & Schematics • Digital Files Iteris will prepare the weekday signal timing plans as detailed In the subtasks presented in Task 2 for all Project signalized intersections listed below. (1) San Miguel Dr/ Port Ramsey PI (2) San Miguel Dr /Spy Glass Hill Rd— Eastgate Dr (3) San Miguel Dr/ Port Sutton Dr —Yacht Coquette (4) San Miguel Dr/ Pacific View Dr (5) Bayside Dr/ Marine Ave — Jamboree Rd (6) Birch St / Von Karman Ave One element of this task will be to determine the grouping of the Phase 8 signalized intersections for coordination, including where coordination between signalized intersections does not make sense due to spacing, traffic patterns, etc. Based on discussions with City staff, most of these signalized Intersections will need to be reviewed to determine whether coordination is required for the entire day, especially during hours of the day when traffic is light. Task 2.1: Field Review This sub -task involves conducting field reviews of the intersections to ensure a thorough understanding of current traffic operations conditions. The field review will support the signal timing analysis. Initial information will be obtained from Iteris' file's based on previous work completed for the City of Newport Beach and additional verification will be completed through field reviews. The data that will.be collected includes: physical intersection geometry, We assignments, posted speed limits, crosswalk lengths, turn bay lengths, turn restrictions, intersection signing, vehicle pedestrian displays, pedestrian push buttons, and the condition of the existing controller cabinet and Stub up conduit. Deliverable: • Field Review Technical Memorandum Task 2.2: Data Collection The focus of this task is to collect the necessary information to thoroughly understand existing traffic conditions and facilitate the analysis of optimized signal timing plans. 7 -Day Average Daily Traffic (ADT) Counts Iteris will conduct 7 -day ADT counts at up to six key locations along the Project corridors. This data will be utilized to better understand the peaking characteristics of Project corridors. The results of the 7 -day ADT counts will also be used to determine the 2 -hour peak periods in which the turning movement counts will be conducted during the AM, midday and PM peaks. In addition, ADT counts will be utilized to identify the need for d Page 18 additional coordination patterns. Turning Movement Counts Upon the completion of the ADT count collection and activities, AM, midday and PM peak period turning movement counts will be conducted at all Project signalized intersections, Turning movement counts at two 2- hour peak periods will be collected. No weekend turning moving counts will be conducted. Deliverable; Traffic Counts Technical Memorandum Task 2.3: Signal Timing optimization and Implementation As part of this subtask, Iterls will evaluate the existing timing operation, update the existing Synchro model (developed by Iterls as part of the 2003 Traffic Flow Optimization project and updated as part of the Phases 1 through 7 projects), and perform signal timing analysis to determine the most ideal signal timing plans for various volume patterns. This analysis will be conducted for weekday AM, midday and PM peak periods for the Phase 8 Project intersections. This will include the development of the optimal cycle length, coordination timing, phasing order, split timing, vehicle (yellow and all 'red) and pedestrian (walk and don't walk) timings, and time -of -day start and stop intervals for each timing plan identified. Actuated Settings Analysis As part of this sub -task, Iteris will review actuated settings for each Phase 8 study intersection to not only ensure that the existing data from the 820/820A traffic signal controllers are transferred properly to the new ASC /3 controllers, but also to identify opportunities to enhance safety and to minimize delay during non- coordinated periods. The analysis shall include, but not be limited to, review of minimum and maximum green settings yellow change and red clearance interval times to ensure that they.meet the latest 2012 California Manual on Uniform Traffic Control Devices (MUTCD); pedestrian timing; gap; extension and reduction settings; and phase sequence. Recommendations. will le forwarded to the City of Newport Beach staff for approval. Coordinated Settings Analysis Iteris staff developed an extensive Synchro network of the City of Newport Beach as part of past projects completed by Iteris (developed as part of the 2003 Traffic Flow Optimization project and updated as part of the Phase 1 through 7 projects). That network will be used as a base network for this project to save the City funds and assist In conducting this project as efficiently as possible. The new project intersections will be revised accordingly based on the new controllers and any revisions In timing setting values listed (as described in the previous section). The following sub -tasks will develop optimum signal timing plans for the time periods identified to benefit from. the provision of coordinated signal operation. It is proposed that once the initial signal cycle lengths and subsystems have been completed, meetings be held with City staff. Upon approval of these initial settings, more detailed analysis (i.e. split timings, offsets; etc) will be conducted. Cycle Length Analysis: The initial step in the analysis process will be to determine the minimum cycle length, the critical intersection cycle length, the signal groupings /subsystems and the cycle lengths for the signal groupings /subsystems. These elements are summarized below. 1. Minimum Cvcle Length: Depending on the level of pedestrian activity, the need to accommodate pedestrian r Page 19 timings at. each intersection will be a key element in determini fig. the cycle length and thru movement splits. As part of the minimum cycle length analysis, the pedestrian volumes will be studied and minimum cycle lengths will be developed. Sortie of the assumptions that will be used in developing the minimum cycle lengths include: Minimum thru split with pedestrian timing = Walk + Flashing. Don't Walk +Yellow +,All Red • Minimum left turn split (if protected left turn movement) = Minimum green time + Yellow + All Red It should be noted that the vehicular (yellow and all red time) clearance, times will be based on the minimum values dictated by the latest California MUTCD. The intersections will also be reviewed to determine minimum green time should it be updated to meet the new bicycle clearance minimums. 2. Critical intersection Cycle Length: At intersections with the highest volume /capacity ratio and a high number of pedestrian and bicycle activity (critical Intersection) a detailed cycle length analysis will be conducted. The theory behind this analysis is that the critical intersections drive the operation of the roadway segment or sub- system of intersections and it is key to first study them. In conducting the cycle length analysis at these'critical intersections; the following factors will be taken into consideration: cycle length required to serve pedestrian and vehicular demand; intersection turning movement volumes;. individual intersection delay and level of service; and approach delay per movement for each intersection In order to provide an efficient flow of traffic; it is important to provide a cycle length that would provide sufficient green time to be able to serve all movements. However, high cycle lengths typically cause increased delay for side street approaches and /or protected -only left turn movements. The optimum cycle length will be the merging of all the above factors into one value. The option to operate these signals as free during periods of the day will also be evaluated.. 3. SianolGroupings/Subsystems: A sub - system evaluation will be conducted following the critical intersection cycle length analysis. Reasons for grouping intersections together will be: travel time between intersections (this captures the .proximity of intersections to each other); storage capacity between intersections; similar traffic characteristics.between intersections; coordinated crossing arterials; cycle lengths of critical intersections; cycle. lengths of major crossing corridors; intersections with similar cycle lengths; traffic platoons; and traffic volumes. A coordination subsystem or sub -area comprises a group of signals within a traffic signal system that have similar characteristics and are located adjacent to each other. The major objective in selecting a group of signals and. designing a coordination subsystem is to allow for the effective coordination of as many traffic signals as possible within subsystems. With the successful implementation of proper geographical subsystems and timing plans, dispersed vehicles can be joined together to form vehicle platoons which will aid in smoother traffic flow while maintaining rather uniform speeds. Once the decision to form subsystems has been completed, the next step is to decide which type of subsystem to form. 4. Signal Grouping /Subsystem Cycle Length: System wide coordination would be accomplished by using a similar cycle length throughout the system or grouping of intersections. Upon the development of the optimal cycle lengths for critical. intersections, the minimum cycle lengths based on pedestrian activity, and corridor or sub - system of corridors, the optimum cycle length for each study period will be developed. This analysis could result in operating some of the intersections with a half-cycle. I�'. S- ilage 110 Phase Splits, Sequence.and Coordination Analysis: Using Synchro and Iteris' signal timing expertise, the final step in the analysis process will be to calculate the optimum signal timing.splits that will provide.sufficient green time to adequately serve the vehicle demand. In addition, the phase order and, the offsets will be optimized to provide the most efficient coordination with the widest bandwidth and least delay. in developing the signal timing splits and phase sequences, it will also be important to keep in mind the special needs of each individual intersection along the corridor. The green time that will be developed will also be dependent on transit and pedestrian activities. Development of Timing Sheets Traffic signal timing plans for identified periods will be developed from the above - mentioned process. The new timing plans will be submitted to City staff for their review and approval. Timing sheets (in the appropriate signal controller format) will accompany the brief technical memorandum presented tothe City for review. The format will be easily Integrated into the Centracsm traffic management system and the appropriate signal controller (ASC /3- NEMA), to be performed as part of another task. Modifications will be made to the. memo and timing sheets based on the City's comments and a revised set of timing plans, timing plan sheets and time -space diagrams will be presented. SimTraffic micro - simulation tool will be used to illustrate the proposed signal timing plans. In addition to inputting the Phase 8 coordination parameters, the timing sheets developed by Iteris will also provide inputs for the other "non- coordination' based settings. These inputs will be based on the city -wide standards developed by Iteris as part of the previous project activities, most recently the Phase 6 project. If the City reconfigures its current detection settings at any of the Project intersections; Iteris will coordinate with Econolite to make sure the new settings are input into the new controllers. All settings will be presented to the City in an electronic version (Excel) of the ASC /3 timing sheets, Controller Setting Deployment Iteris will coordinate the activities of this task with Econolite and City staff to ensure the most efficient deployment procedure is followed. It is envisioned that Econolite will configure the .Phase 8 traffic signal controllers with basic signal timing parameters for initial operations. From the TiViC, Iteris will program the Project traffic signal controllers with the coordinated signal timing plans developed for Task 2. Signal Timing Fine- tuning Although modern optimization software produces excellent coordination plans, observation and fine - tuning of the plans under field conditions are crucial to.achieving the best possible coordinated flows along the corridor. Once the Phase 8 proposed signal timing plans have been implemented, Iteris staff will conduct field reviews after the deployment of the timing plans. The intent of this task is to observe the efficiency of the new signal timing plans. Special attention will be given in regard to the interaction of cross- corridors and existing coordinated crossing arterials (MacArthur Boulevard, Bonita Canyon Drive and San Joaquin Hills Road), and minor streets. When developing optimum signal timing plans, in addition to providing the widest green bandwidth along the coordinated corridors, it is important to observe the vehicle delays and queuing on the minor movements during the field fine - tuning exercise, Upon completion of the field fine - tuning, Iteris will revise the signal timing sheets and deliverfinal timing plan sheets to the City for their records and use. Page 111 Deliverables: + Tech nicaI- me..morandum summarizing proposed cycle length, splits and offsets (including time -space diagrams) • Electronic Synchro 6.0 data files used in analysis Implementation ready timing sheets in appropriate format • Field Implementation of optimized traffic signal plans, including all required fine - tuning • Technical memorandum documenting the signal timing implementation and fine- tuning In support of this task, lteris will serve as an extension of City staff to provide construction support. Iteris staff will be available to support the activities listed below. 1. Attendance at Pre- Construction Meeting 2, Assistance with Bid Process, Selection and Award 3. Communicating through City staff, respond.via phone and email to requests for information by Contractor or City staff 4. Support approval process of submittals by contractor 5. On -site construction support 6. Preparation of Mylar record drawings based on Contractor red -line As- Builts drawings Deliverables: • Status Meeting Notes • Mylar Record Drawings Page 1 12 EXHIBIT B SCHEDULE OF BILLING RATES Iteris, Inc. Page B -1 B. RESCHEDULE Iteris' fee estimate to complete the Project as detailed In the scope of work is presented bel6vv, ITERTS Page 113 STAFF EB Eb S HOURS/ TASK COST t QUANT. 0 E, E 0 ti M E 'S 2 = E 'n U 4 , . v TAW rhent7 Task L'I Preliminary Design and 30% Plans 8 40 2 80 10 120 100 360 $39.950 Task L2 Detailed Design 12 100 12 180 22 220 200 746 $84,410 Task 13 �2,t -Wide Fiber Exhibits 00' "a 2 20 4 32 60 118 $13,790 al iraffia iWallifidnM 77= Task 2.1 Field Review 1 1 5 10 10 27 $2,965 Task 2.2 Data Collection 1 5 8 8 22 $2,350 Task 2:351 Rnai Timin g D timizationand. Imoementation 1 1 2 12 22 22 60 6,610 fesv.4�5-1 7� , 7,77, 7, Total Hours Labor 32 2}9 S8 308 fib 440 340 10 1443 Total Labor $166,82 00CS $1,20 TrafflcCaunu (ADT and Turning Movement Counts $3,800 Total Project Cost $171t82 ITERTS Page 113 Iteris, Inc. STANDARD FEE SCHEDULE STAFF LEVEL Senior Vice President / Vice President / Principal / Director Associate Principal / Associate Vice President Senior Systems Engineer / Senior Transportation Engineer Senior Software Engineer / Senior Modeler / Senior Software Developer Senior Transportation Planner/ Senior Analytics Consultant Chief Scientist / Chief Technical Officer / ITS Designer Senior Meteorologist / Senior Program Manager / Senior Analyst Transportation Engineer/ Transportation Planner / Systems Engineer Program Manager / Scientist / Technician Software Engineer / Application Technician / Software Developer Associate Transportation Engineer/ Associate Transportation Planner Assistant Transportation Engineer/ Assistant Transportation Planner Project Administration / Senior Administration / Analytics Consultant Systems Integrator / Applications Developer Technical Support/ Graphics Support / Editing / Applications Developer Administrative Support / Forecast Meteorologist / Road Weather Specialist Standard Terms and Conditions ..��..//j.O1.l� t>rfemm�011i1g HOURLY RATE 180- 270 150- 250 130- 245 120- 235 120- 225 120- 225 120- 210 105- 160 100- 160 90- 140 85- 135 85- 125 85- 125 SO- 105 45- 105 45- 100 • Categories and Rates listed are for estimating purposes. Billings will be monthly at the individual Categories and Rates for the persons actually performing the work during the performance period and are subject to annual adjustment. Expenses will be billed at cost plus 10 percent for service and handling. Expenses include project - related costs, such as subcontractor services, traffic counts, postage /delivery service, reproduction, transportation, and subsistence. Effective through March 27, 2015. EXHIBIT C INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 1. Provision of Insurance. 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. Consultant agrees to provide insurance in accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 2. 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. 3. Coverage Requirements. A. Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily injury by accident and each employee for bodily injury by disease in accordance with the laws of the State of California, Section 3700 of the Labor Code. 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. B. General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, one million dollars ($1,000,000) general aggregate. The policy shall cover liability arising from premises, operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modification limiting the scope of coverage for liability assumed under a contract. C. Automobile Liability Insurance. Consultant shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented Iteris, Inc. Page C -1 vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. D. Professional Liability (Errors & Omissions) Insurance. 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) per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the Effective Date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the Services required by this Agreement. 4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: A. 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 from each of its subconsultants. B. Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, if required, but not including professional liability, shall provide or be endorsed to provide that City and its officers, officials, employees, and agents shall be included as insureds under such policies. C. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any insurance or self - insurance maintained by City. D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar days notice of cancellation (except for nonpayment for which ten (10) calendar days notice is required) or nonrenewal of coverage for each required coverage. 5. Additional Agreements Between the Parties. The parties hereby agree to the following: A. Evidence 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 and other endorsements as specified herein for each coverage. 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 Iteris, Inc. Page C -2 Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at anytime. B. City's Right to Revise Requirements. City reserves the right at any time during the term of the Agreement to change the amounts and types of insurance required by giving Consultant sixty (60) calendar days advance written notice of such change. If such change results in substantial additional cost to Consultant, City and Consultant may renegotiate Consultant's compensation. C. Enforcement of Agreement Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of City to inform Consultant of non - compliance with any requirement imposes no additional obligations on City nor does it waive any rights hereunder, D. 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. E. Self- insured Retentions. Any self- insured retentions must be declared to and approved by City. City reserves the right to require that self- insured retentions be eliminated, lowered, or replaced by a deductible. Self - insurance will not be considered to comply with these requirements unless approved by City. F. City Remedies for Non - Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such insurance, to terminate this Agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand. G. Timely Notice of Claims. Contractor shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Contractor's performance under this Contract, and that involve or may involve coverage under any of the required liability policies. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve City. H. Consultant's 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. Iteris, Inc. Page C -3