HomeMy WebLinkAboutC-8390-1 - On-Call PSA for Traffic and/or Transportation Engineering Services.r
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January 25, 2021
Mr. Brad Sommers
Principal Civil Engineer
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Balboa Blvd and 21St Street CMS
Scope and Fee
Re: Proposal to Provide Traffic Engineering Services for Balboa/21St Street CMS Design
Traffic Engineering Services On -Call
Dear Mr. Sommers:
Iteris, Inc. (Iteris) is pleased to submit this scope and fee to provide traffic engineering design services for one
Changeable Message Sign (CMS) on the Peninsula per the terms and conditions and rates of the On -Call Professional
Services Agreement for Traffic Engineering Services (Contract #8390-1; January 19, 2017) to the City of Newport
Beach (City). The scope of work includes:
• CMS Design
1. NB Balboa Blvd at 21s' Street
The following scope of the project tasks is presented, along with the cost estimates that includes labor costs based
on hours needed to complete the design PS&E.
i Scope of Services
Task 1.1. Field Review and Data Collection
Iteris will research and obtain all the existing pertinent street improvement, signing and striping, signal as -built,
timing plans and utility plans available for the project area. Iteris will conduct a thorough field investigation to
verify all existing features on the plans and to identify all other relevant features. The field review will include work
necessary to inspect the project site with respect to needs for preparing engineering plans.
Existing physical street improvements, utilities and obstructions and other relevant items would be located in the
field with sufficient precisions to be shown accurately on the design plans. All information obtained from records
would be verified in the field in conjunction with this review. Utilizing the above information provided by the City
and the field review, Iteris will prepare based maps in AutoCAD and per Newport Beach standards, which will
include dimensions, street names, north arrow, scale, match lines, street center lines, existing Right of Way,
stationing, location of surface features and utilities.
Task 1.2. Design Plans
Based on the field review from as part of Task 1.1, Iteris will provide as needed design plan, cost estimates and
specifications documents for the improvements. The preliminary design Plans, Specification, and Estimates (PS&E)
will be prepared with detailed design for the installation of the one changeable message sign.
It is anticipated that the plans will include the following:
• (1) CMS Installation Plan with Detail
It is assumed that the PS&E will be submitted as one package and that each submittal will be subject to review by
the City of Newport Beach. One set of consolidated comments from each review cycle received within the
Balboa Blvd and 21St Street CMS
Scope and Fee
established time frames will be reviewed, discussed and incorporated into the next scheduled PS&E submittal.
Signature blocks for the cities will be added to the plans as appropriate.
The plans will conform to the requirements of the City of Newport Beach, and will reference the latest edition of
the CA MUTCD and the Caltrans Standard Plans and Specifications. 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.
After the City completes their review of the 65% design PS&E, Iteris will prepare the plans to be submitted to the
City for review at the 90% and Final level. In addition, specifications and cost estimates will be prepared for the
PS&E package. The Final plans will be signed and sealed by a Professional Engineer.
Task 1.3. Specifications and Contract Documents
Iteris will prepare specifications and Contract Documents using the City of Newport Beach's boilerplate. The
specifications will be submitted along with the plans to the City at 90% and final submittals for approval. Iteris will
also prepare any special provisions relating to our design work, if needed. All the traffic engineering design will
conform to the Caltrans standard specifications and Standard Plans, while all the roadway improvement design will
conform to the "Greenbook" Standard Specifications for Public Works Construction. The only exception is that any
proposed improvements within Caltrans right-of-way will conform to Caltrans standards, respectively.
Task 1.4. Cost Estimates
Iteris will prepare an engineer's construction cost estimate to be included in the 65%, 90% and final submittals. A
final Contract Item List (Bid Sheet) for all work items shown on the plans will be prepared for the final submittal. The
cost estimate will include quantities and unit costs with back up information as necessary.
Deliverable(s):
• 65% PS&E
• 90% PS&E
• Final PS&E
SCOPE EXCLUSIONS
• Utility relocations design, and coordination is not a part of this proposal.
• Potholing and underground utility investigation is excluded.
• Items not specifically mentioned are excluded.
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i Fee Estimate and Terms
Balboa Blvd and 21St Street CMS
Scope and Fee
In consideration for the services set forth in the Scope of Work, Iteris shall be compensated on a Time and
Material (T&M) basis set forth below and per the conditions of the Master Agreement with the City. Except
to the extent the amount is increased by mutual written agreement, the total compensation shall be
$10,080, as summarized below.
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
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Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
Iteris Staff
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$310.00
$200.00
$135.00
$105.00
Task 1.1 Field Review and Data Collection
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$1,550
Task 1.2 Design Plans
2
2
8
14
2
28
$4,780
Task 1.3 Specifications and Contract Documents
2
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2
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$1,780
Task 1.4 Cost Estimates
2
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1 10
$1,720
Total Hours Labor
6
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1 57
Total Labor
$9,830
CDCs
$250
Total Project Costl
$10,080
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
,YL"Z'
Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
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January 25, 2021
Mr. Brad Sommers
Principal Civil Engineer
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
Lake Avenue and 32nd Street Flashing Traffic Sign
Scope and Fee
Re: Proposal to Provide Traffic Engineering Services for Lake Ave/32nd Street Flashing Traffic Sign Design
Traffic Engineering Services On -Call
Dear Mr. Sommers:
Iteris, Inc. (Iteris) is pleased to submit this scope and fee to provide traffic engineering design services for one
Flashing Traffic Sign installation on the Peninsula per the terms and conditions and rates of the On -Call Professional
Services Agreement for Traffic Engineering Services (Contract #8390-1; January 19, 2017) to the City of Newport
Beach (City). The scope of work includes:
• Flashing Traffic Sign Design
1. Lake Avenue and 32nd Street
The following scope of the project tasks is presented, along with the cost estimates that includes labor costs based
on hours needed to complete the design PS&E.
i Scope of Services
Task 1.1. Field Review and Data Collection
Iteris will research and obtain all the existing pertinent street improvement, signing and striping, signal as -built,
timing plans and utility plans available for the project area. Iteris will conduct a thorough field investigation to
verify all existing features on the plans and to identify all other relevant features. The field review will include work
necessary to inspect the project site with respect to needs for preparing engineering plans.
Existing physical street improvements, utilities and obstructions and other relevant items would be located in the
field with sufficient precisions to be shown accurately on the design plans. All information obtained from records
would be verified in the field in conjunction with this review. Utilizing the above information provided by the City
and the field review, Iteris will prepare based maps in AutoCAD and per Newport Beach standards, which will
include dimensions, street names, north arrow, scale, match lines, street center lines, existing Right of Way,
stationing, location of surface features and utilities.
Task 1.2. Design Plans
Based on the field review from as part of Task 1.1, Iteris will provide as needed design plan, cost estimates and
specifications documents for the improvements. The preliminary design Plans, Specification, and Estimates (PS&E)
will be prepared with detailed design for the installation of the one Flashing Traffic Sign location.
It is anticipated that the plans will include the following:
• (1) Flashing Traffic Sign Installation Plan with Detail
It is assumed that the PS&E will be submitted as one package and that each submittal will be subject to review by
the City of Newport Beach. One set of consolidated comments from each review cycle received within the
Lake Avenue and 32nd Street Flashing Traffic Sign
Scope and Fee
established time frames will be reviewed, discussed and incorporated into the next scheduled PS&E submittal.
Signature blocks for the cities will be added to the plans as appropriate.
The plans will conform to the requirements of the City of Newport Beach, and will reference the latest edition of
the CA MUTCD and the Caltrans Standard Plans and Specifications. 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.
After the City completes their review of the 90% design PS&E, Iteris will prepare the plans to be submitted to the
City for review at the Final level. In addition, specifications and cost estimates will be prepared for the PS&E
package. The Final plans will be signed and sealed by a Professional Engineer.
Task 1.3. Specifications and Contract Documents
Iteris will prepare specifications and Contract Documents using the City of Newport Beach's boilerplate. The
specifications will be submitted along with the plans to the City at 90% and final submittals for approval. Iteris will
also prepare any special provisions relating to our design work, if needed. All the traffic engineering design will
conform to the Caltrans standard specifications and Standard Plans, while all the roadway improvement design will
conform to the "Greenbook" Standard Specifications for Public Works Construction. The only exception is that any
proposed improvements within Caltrans right-of-way will conform to Caltrans standards, respectively.
Task 1.4. Cost Estimates
Iteris will prepare an engineer's construction cost estimate to be included in the 90% and final submittals. A final
Contract Item List (Bid Sheet) for all work items shown on the plans will be prepared for the final submittal. The cost
estimate will include quantities and unit costs with back up information as necessary.
Deliverable(s):
• 90% PS&E
• Final PS&E
SCOPE EXCLUSIONS
• Utility relocations design, and coordination is not a part of this proposal.
• Potholing and underground utility investigation is excluded.
• Items not specifically mentioned are excluded.
i Fee Estimate and Terms
Lake Avenue and 32nd Street Flashing Traffic Sign
Scope and Fee
In consideration for the services set forth in the Scope of Work, Iteris shall be compensated on a Time and
Material (T&M) basis set forth below and per the conditions of the Master Agreement with the City. Except
to the extent the amount is increased by mutual written agreement, the total compensation shall be $6,500,
as summarized below.
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
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Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
Iteris Staff
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FY20 Rate
$230.00
$310.00
$200.00
$135.00
$105.00
Task 1.1 Field Review and Data Collection
2
4
2
8
$1,150
Task 1.2 Design Plans
2
1
2
16
2
23
$3,540
Task 1.3 Specifications and Contract Documents
1
2
2
5
$840
Task 1.4 Cost Estimates
1
1
2
2
6
$910
Total Hours Labor
4
1
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1 42
Total Labor
$6,440
CDCs
$60
Total Project Cost 1
$6,500
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
,' v
Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 18th day of
December, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and ITERIS, INC., a Delaware
corporation ("Consultant'), whose address is 1700 Carnegie Avenue, Suite 100, Santa
Ana, California 92705, and is made with reference to the following:
RECITALS
A. On January 19, 2017, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement') for professional traffic and/or transportation
engineering services on an on-call basis ('Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to January 18, 2022.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 18, 2022, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
0-
tIO
00
AMENDMENT NO. ONE TO
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ITERIS, INC. FOR
TRAFFIC AND/OR TRANSPORTATION ENGINEERING SERVICES
THIS AMENDMENT NO. ONE TO ON-CALL PROFESSIONAL SERVICES
AGREEMENT ("Amendment No. One") is made and entered into as of this 18th day of
December, 2019 ("Effective Date"), by and between the CITY OF NEWPORT BEACH, a
California municipal corporation and charter city ("City"), and ITERIS, INC., a Delaware
corporation ("Consultant'), whose address is 1700 Carnegie Avenue, Suite 100, Santa
Ana, California 92705, and is made with reference to the following:
RECITALS
A. On January 19, 2017, City and Consultant entered into an On -Call Professional
Services Agreement ("Agreement') for professional traffic and/or transportation
engineering services on an on-call basis ('Project').
B. The parties desire to enter into this Amendment No. One to extend the term of the
Agreement to January 18, 2022.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
Section 1 of the Agreement is amended in its entirety and replaced with the
following: "The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 18, 2022, unless terminated earlier as set forth herein."
2. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date: 6
X01: Aaron C. Harp
City Attorney
ATTEST: U ^
Date: V ��' t(�• Ow
: d&4 0i
BrownLeilani 1.
City Clerk
CITY OF NEWPORT BEACH,
a Californiaunicipal corporation
Date: 1 b ?�O
By:
Grae . Leung
Ci anager
CONSULTANT: Iteris, Inc., a Delaware
corporation
Date:
Signed in Counterpart
Joe Bergera
Chief Executive Officer
Date:
Signed in Counterpart
By:
Dan Gilliam
Secretary
[END OF SIGNATURES]
Iteris, Inc. Page 2
IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 19 4(' /
By:
�or'•Aaron C. Harp pw [I-w(i
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:_
By:
Grace K. Leung
City Manager
CONSULTANT: Iteris, Inc., a Delaware
corporation
Date: May -12,2020
By:zau�laj�
Douglas Gff oves
Chief Financial Officer
Date: May 12, 2020
I
fVhristine Arakak
Vice President, Legal & Assistant Secretary
[END OF SIGNATURES]
Iteris, Inc. Page 2
September 24, 2019
Brad Sommers
Principal Civil Engineer
City of Newport Beach
Public Works Department
100 Civic Center Drive
Newport Beach, CA 92660
SCOPE AND FEE PROPOSAL il
Re: Proposal to Provide Traffic Engineering Services for 28th Street Improvements
Traffic Engineering Services On -Call
Dear Mr. Sommers:
Iteris, Inc. (Iteris) is pleased to submit this scope and fee to provide traffic engineering design services for three
intersections on the Peninsula per the terms and conditions and rates of the On -Call Professional Services
Agreement for Traffic Engineering Services (Contract #8390-1; January 19, 2017) to the City of Newport Beach
(City). The scope of work includes:
• Signal design/timing plan —Signalize the SB leg of the Newport/28th intersection for future Fire
Station. Create timing/coordination/preemption plans
• Street light design — add street lights to the Balboa/28th and Newport/261h intersections at the crosswalks.
• Flashing beacon — add pole -mount RRFB temporary system at the Balboa/28th crosswalk and relocate
RRFB to account for final curb extensions
• CMS Design - remove the overhead extinguishable fixed message sign on the SB Newport approach to 28th
St. Design new arterial CMS with side -mount cabinet.
The following scope of the project tasks is presented, along with the cost estimates that includes labor costs based
on hours needed to complete the design PS&E.
i Scope of Services
Task 1.1. Field Review and Data Collection
Iteris will research and obtain all the existing pertinent street improvement, signing and striping, signal as -built,
timing plans and utility plans available for the project area. Iteris will conduct a thorough field investigation to
verify all existing features on the plans and to identify all other relevant features. The field review will include work
necessary to inspect the project site with respect to needs for preparing engineering plans.
Existing physical street improvements, utilities and obstructions and other relevant items would be located in the
field with sufficient precisions to be shown accurately on the design plans. All information obtained from records
would be verified in the field in conjunction with this review. Utilizing the above information provided by the City
and the field review, Iteris will prepare based maps in AutoCAD and per Newport Beach standards, which will
include dimensions, street names, north arrow, scale, match lines, street center lines, existing Right of Way,
stationing, location of surface features and utilities.
Task 1.2. Utility Coordination
Iteris will research and establish record location of all utilities within the project limits. Utility coordination on the
project will be ongoing and will generally consist of the following subtasks:
0 Iteris will request utility contact list from the city. Notify each utility in writing, of the City's proposed
•
................ �•i:
SCOPE AND FEE PROPOSAL 0
plans and schedule and request copies of record drawings or atlas maps of existing and proposed facilities
within the project boundary.
Obtain existing dry and wet utility plans/records within the project limits. Once the plans are completed,
Iteris will send them to all utility companies affected by the project.
Obtain plans showing location and size of all utility lines and appurtenances within the project area.
Prepare a Utility Notification Log to track utility company contacts and responses including contact
information and dates of all outgoing and incoming correspondence.
Task 1.3. Design Plans
Based on the field review from as part of Task 1.1, Iteris will provide as needed design plan, cost estimates and
specifications documents for the improvements. The preliminary design Plans, Specification, and Estimates (PS&E)
will be prepared with detailed hybrid/flashing beacon improvements, installation of a new traffic signal, street
lighting improvements, changeable message sign, and proposed curb improvements. All civil design and files will
be provided by Civiltech.
It is anticipated that the plans will include the following:
• Temporary Flashing Beacon Installation Plan
• Final Flashing Beacon Relocation Plan
• Traffic Signal Installation Plan
CMS Installation Plan
• Street Lighting Improvement Plan
• Detail Sheets
It is assumed that the PS&E will be submitted as one package and that each submittal will be subject to review by
the City of Newport Beach. One set of consolidated 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 the cities will be added to the plans as appropriate.
The plans will conform to the requirements of the City of Newport Beach, and will reference the latest edition of
the CA MUTCD and the Caltrans Standard Plans and Specifications. 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.
After the City and any other affected agencies complete their review of the 65% design PS&E, Iteris will prepare
the plans to be submitted to the City for review at the 90% and Final level. In addition, specifications and cost
estimates will be prepared for the PS&E package. The Final plans will be signed and sealed by a Professional
Engineer.
Iteris will coordinate with Southern California Edison to establish the service point for the proposed beacon location
(if solar is not feasible).
Task 1.4. Specifications and Contract Documents
Iteris will prepare specifications and Contract Documents using the City of Newport Beach's boilerplate. The
specifications will be submitted along with the plans to the City at 90% and final submittals for approval. Iteris will
also prepare any special provisions relating to our design work, if needed. All the traffic engineering design will
conform to the Caltrans standard specifications and Standard Plans, while all the roadway improvement design will
conform to the "Greenbook" Standard Specifications for Public Works Construction. The only exception is that any
proposed improvements within Caltrans right-of-way will conform to Caltrans standards, respectively.
Task 1.5. Cost Estimates
Iteris will prepare an engineer's construction cost estimate to be included in the 65%, 90% and final submittals. A
final Contract Item List (Bid Sheet) for all work items shown on the plans will be prepared for the final submittal. The
cost estimate will include quantities and unit costs with back up information as necessary.
SCOPE AND FEE PROPOSAL 0
Task 1.6. Timing Improvements
In addition to the field review conducted as part of Task 1.1, Iteris will also collect turning movement counts for the
AM, midday, and PM peaks at the three study locations for more insight on traffic demand and patterns. During the
design (Task 1.3), Iteris will also test the operational recommendations to ensure the phasing sequence and
parameters identified for preemption would operate as desired by the City. This will include adding the signals and
making the modifications in the City's existing citywide Synchro network to run simulation samples.
Iteris will evaluate basic timing parameters (e.g. minimum green, yellow, all red, walk, and flash don't walk) for all
three locations to ensure they meet the latest City and State standards. These values will also be included in the
Synchro model that will be optimized to run with the existing coordination (AM, midday, and PM) along the Newport
Boulevard corridor.
Because the plan is to operate 28th Street at Newport Boulevard North and South signals under one controller, Iteris
will provide the City is a detailed phase sequence diagram to document the normal operation of the dual intersection
and clearance sequence when there is preemption.
Once the operation and recommended parameters of the signals are approved by the City, Iteris will develop
implementation -ready timing sheets for all three study intersections. Iteris staff will also be present during the signal
turn -on to ensure the signals are operating as designed.
Deliverable(s):
• Utility Matrix
• Utility Notification Letters
• 65% PS&E
• 90% PS&E
• Final PS&E
• Timing Sheets/Preemption Plans
• Traffic Counts (3 Locations)
SCOPE EXCLUSIONS
• Utility relocations design, and coordination is not a part of this proposal.
• Potholing and underground utility investigation is excluded.
• Items not specifically mentioned are excluded.
SCOPE AND FEE PROPOSAL
•1.1. ......
2 Fee Estimate and Terms
Iteris estimates the cost to complete all the tasks to be $42,550, including travel expense and labor, as shown in
the following table.
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
4 "av�v
Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
Iteris Staff
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FY20 Rate
$23000
$31000
$2.0000
$13500
$10500
Task 1.1 Field Reviewand Data Collection
2
5
12
2
21
$3,290
Task 1.2 Utility Coordination
3
10
2
15
$2,160
Task 1.3 Design Plans
4
8
24
46
2
84
$14,620
Task 1.4 Specifications and Contract Documents
2
2
8
12
2
26
$4,510
Task 1.5 Cost Estimates
2
2
10
16
2
32
$5,450
Task 1.6 Timing Improvments
4
20
40
2
66
$10,850
Total Hours Labor
10
16
70
136
12
1 244
Total Labor
$40,880
ODCs
$350
Traffic Counts
$1,320
Total Project Cost
$42,550
3 Terms & Conditions
If the scope and fee is accepted, a Purchase Order Authorization or other contract agreement, documenting terms
and conditions, will be required in order to start work. This proposal is submitted subject to the successful
negotiation of a mutually agreeable contract.
We thank you for the opportunity to work with you on this project. If any additional information is required, please
feel free to contact me at (949) 270-9633 or bkl@iteris.com, or Paul Frislie, Project Manager, at (949) 270-9597,
pmf@iteris.com.
Sincerely,
Iteris, Inc.
4 "av�v
Bernard K. Li, EE, TE, PTOE
Vice President
Transportation Systems
M
CV
Al
ON-CALL PROFESSIONAL SERVICES AGREEMENT
WITH ITERIS, INC. FOR
TRAFFIC AND/OR TRANSPORTATION ENGINEERING SERVICES
THIS ON-CALL PROFESSIONAL SERVICES AGREEMENT ("Agreement') is
made and entered into as of this 19th day of January, 2017 ("Effective Date"), by and
between the CITY OF NEWPORT BEACH, a California municipal corporation and
charter city ("City"), and ITERIS, INC., a Delaware corporation ("Consultant'), whose
address is 1700 Carnegie Avenue, Suite 100, Santa Ana, California 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 professional traffic and/or
transportation engineering services on an on-call basis ("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 December 31, 2019, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Consultant shall perform the on-call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work'). Upon written request from the Project Administrator as defined herein,
Consultant shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the
Services, and the name of the individuals to be assigned, if available;
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Consultant
shall diligently perform the duties in the approved Letter Proposal.
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 and the Letter Proposal. 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 and the Letter
Proposal, 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.
4. COMPENSATION TO CONSULTANT
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 Letter Proposal
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 Twenty Thousand Dollars and 001100 ($120,000.00), 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
Iteris, Inc. Page 2
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 and the Letter Proposal 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
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 and the Letter Proposal.
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, PE 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.
Iteris, Inc. Page 3
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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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 legally recognized professional standards.
8.2 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.
8.3 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"), and which 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.
Iteris, Inc. Page 4
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
10.1 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
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.
10.2 Consultant agrees and acknowledges that no individual performing
Services pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least twenty (20) hours per week for one year or
longer; work nine hundred sixty (960) hours in any fiscal year; or already be a CalPERS
member
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.
Iteris, Inc. Page 5
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
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 and the Letter Proposal. 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
Iteris, Inc. Page 6
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 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.
17.4 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.
Iteris, Inc. Page 7
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.
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.
Iteris, Inc. Page 8
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.
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.
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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: David A. Webb, Public Works Director
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:
Iteris, Inc. Page 9
Attn: Paul Frislie, PE
Iteris, Inc.
1700 Carnegie Avenue, 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.).
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. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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
Iteris, Inc. Page 10
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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
29.9 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.
29.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 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
29.12 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 ATTORNEY'S OFFICE
Date: ) /io 11 �-
EM
Aaron C. Harp
City Attorney
ATTEST -
Date:
Date: - o &' /
By: J4P'–/J'NW"— —
Leilani
I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Dav iff
City Manager
CONSULTANT
corporation
Date:
Iteris, Inc., a Delaware
Signed in Counterpart
By:
Ramin Massoumi, PE
Senior Vice President/General Manager
Date:
Signed in Counterpart
Bv-
Dan Gilliam
Assistant Secretary
[END OF SIGNATURES]
Attachments: Exhibit A – Scope of Services
Exhibit B – Schedule of Billing Rates
Exhibit C – Insurance Requirements
Iteris, Inc. Page 13
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Aaron C. Harp
City Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Dave Kiff
City Manager
CONSULTANT: Iteris, Inc., a Delaware
corporation
Date:
By:
�E SQA r ru5rvu
enior Vice President/General Manager
Date: 1 A I /(
By:
Dan Gilliam
Assistant Secretary
[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
ON-CALL PROFESSIONAL TRAFFIC ENGINEERING SERVICES
The following is a list of professional traffic engineering services that may be required:
• Provide full plans, specifications, and estimates for Traffic/Transportation
engineering projects;
• Prepare traffic review and calming studies;
• Review traffic signal timing/prepare traffic signal timing/signal coordination plans;
• Prepare conceptual design plans/exhibits;
• Provide cost estimating and value engineering services;
• Provide bid support and preparation of record drawings; and
• Other engineering -related tasks, as necessary
Iteris, Inc. Page A-1
EXHIBIT B
SCHEDULE OF BILLING RATES
Iteris, Inc.
Hnnrly Fan Srhad ule
STAFF
Paul Frislie, PE
PROJECTKEY •
Project Manager
$ 175
Bernard K. Li, EE, TE, PTOE
QA/QC
$ 265
Gabriel Murillo, TE
Project Engineer
$ 255
Alicia Yang, PE
Project Engineer
$175
Naree Kim, PE
Project Engineer
$160
Braulio Ramirez, PE
Project Engineer
$140
Eunise Reynon, EIT
Project Engineer
$105
Jennica Smith, EIT
I Project Engineer
$100
Should additional staff be required other than those already identified, the rates will be based
on the staff categories listed in Table 6.
Staff Level Hourly Rate
POSITION
Admin
$105
Assistant I: Engineer/Planner/Sys/Software
$ 90
Assistant 11: Engineer/Planner/Sys/Software
$110
Associate I: Engineer/Planner/Sys/Software
$145
Associate II: Engineer/Planner/Sys/Software
$170
Engineer/Planner/Sys/Software
$ 180
Senior I: Engineer/Planner/Sys/Software
$190
Senior 11: Engineer/Planner/Sys/Software
$ 240
Associate Vice President/Vice President 1
$ 215
Associate Vice President/Vice President II
$ 220
Associate Vice President/Vice President 111
$ 270
Vice President/Senior Vice President
$ 320
Standard Terms and Conditions
• Billings will be monthly at the individual Categories and Maximum Rates for the
persons actually performing the work during the performance period and are subject
to annual adjustments.
• Expenses will be billed at cost plus 10 percent for services and handling. Expenses
include project- related costs, such as subcontractor services, traffic counts,
postage/delivery service, reproduction, transportation, and subsistence.
• All mileage rates will be based upon current IRS standard 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 City Council,
boards and commissions, officers, agents, volunteers and employees.
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, two million dollars ($2,000,000) 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).
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
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Iteris, Inc. Page C-1
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 two million dollars
($2,000,000) 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 City Council, boards and commissions, officers, agents,
volunteers and employees 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, its City Council, boards and commissions, officers, agents,
volunteers and employees 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 any time.
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. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
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.
Iteris, Inc. Page C-3
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-4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 1/13/17 Dept./Contact Received From: Raymund
Date Completed: 1/13/17 Sent to: Raymund By: Alicia
Company/Person required to have certificate: Iteris, Inc. Traffic/Pransportatin Engineering Svcs.
Type of contract: All Others
I. GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 411/16-4/1117
A.
INSURANCE COMPANY: American Zurich Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
Is Company admitted in Califomia?
® Yes ❑ No
D.
LIMITS (Must be $1M or greater): What is limit provided?
2,000,0000/4,000,000
E.
ADDITIONAL INSURED ENDORSEMENT— please attach
® Yes ❑ No
F.
PRODUCTS AND COMPLETED OPERATIONS (Must
(What is limits provided?)
include): Is it included? (completed Operations status does
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G.
ADDITIONAL INSURED FOR PRODUCTS AND
G.
HIRED AND NON -OWNED AUTO ONLY:
COMPLETED OPERATIONS ENDORSEMENT (completed
H.
NOTICE OF CANCELLATION:
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H.
ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I.
PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
E Yes ❑ No
J.
CAUTION! (Confirm that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
❑ Yes ® No
K.
ELECTED SCMAF COVERAGE (RECREATION ONLY):
® N/A ❑ Yes ❑ No
L.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A.
INSURANCE COMPANY: American Zurich Insurance Company
B.
AM BEST RATING (A-: VII or greater) A+:XV
C.
ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D.
LIMITS - If Employees (Must be $1M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1,000,000
E
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided?)
N/A
F.
PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H.
NOTICE OF CANCELLATION:
❑ N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 4/1/16-4/1/17
A.
INSURANCE COMPANY: American Zurich Insurance Company
B.
AM BEST RATING (A-: VII or greater): A+:XV
C.
ADMITTED Company (Must be California Admitted):
® Yes
❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes
❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $1M or greater)
1,000,000
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes
❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes
❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes
❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY EFF: 4/1116-4/1/17 CARRIER: ILLINOIS UNION INS CO
RATING: A++: XV NON -ADMITTED LIMIT: 5M/5M ❑ N/A ® Yes ❑ No
V POLLUTION LIABILITY
V BUILDERS RISK
Approved: (i
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
1/13/17
Date
® NIA ❑ Yes ❑ No
WIMEM-Effm
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ N/A []Yes ❑No
Reason for Risk Management approval/exception/waiver:
Risk Management approval needed due to PL Carrier being Non -Admitted. Sheri approved 716/16.
Approved:
Risk Management Date
* Subject to the terms of the contract.