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HomeMy WebLinkAbout09 - Traffic Signal ModernizationCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 9 October 12, 2010 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Brad Sommers, Senior Civil Engineer 949 -644 -3326 or bsommers @newportbeachca.gov SUBJECT: TRAFFIC SIGNAL MODERNIZATION —NEWPORT CENTER (PHASE 5) DESIGN - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. ISSUE Engineering services are required for preparation of plans and specifications for the Fifth Phase of the Traffic Signal Modernization Project. RECOMMENDATION Waive Council Policy F -14 and approve a Professional Services Agreement with Iteris, Inc. ( Iteris), of Santa Ana, California, for design of Phase 5 (Newport Center) of the Traffic Signal Modernization Project at a not to exceed price of $155,700.00 and authorize the Mayor and City Clerk to execute the Agreement. 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 has planned to utilize one design consultant for the duration of the project to maintain consistency of the design as well capture cost saving by avoiding a new learning curve on each phase. In order to maintain design consistency and reduce costs staff requests that the City Traffic Signal Modernization — Newport Center (Phase 5) Design — Approval of Professional Services Agreement with Iteris, Inc. October 12, 2010 Page 2 signal system and reduced staff time through better prepared plans and more comprehensive design. Staff now recommends approval of an agreement with Iteris for the design of Phase 5 of the modernization project which will improve our system reliability and efficiency, as well as, staff's ability to manage the system. A summary of the consultant selection process: Statements of Qualification Reviewed: N/A (See above for details) Request for Proposals Requested: 1 Request for Proposals Received: 1 The services included in this agreement are described below and detailed in the attached Professional Services Agreement: 1. Preparation of Phase 5 Plans, Specifications, and Estimates (PS &E). The Project consists of upgrades to the traffic signal control and communication equipment at 10 existing signalized intersections within Newport Center along the following corridors and roadways: • Newport Center Drive: Coast Highway to Newport Center Drive East/West • Newport Center Drive West: Newport Center Drive to Newport Center Drive East • Newport Center Drive East: Newport Center Drive to Newport Center Drive West • San Joaquin Hills Road: Jamboree Road to MacArthur Boulevard Additionally, Closed Circuit Television Cameras (CCTV) will be installed at the following three intersections: • Newport Center Drive at Newport Center Drive East/West • Newport Center Drive East at San Miguel Drive • San Joaquin Hills Road at MacArthur Boulevard 2. Develop and deploy optimized traffic signal timing plans for traffic signals and corridors within Phase 5. 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. 3. Preparation of PS &E for installation of two new Newport Center traffic signals and rehabilitation of two existing traffic signals. To enhance vehicle and pedestrian safety within Newport Center, two new traffic signals are being proposed at the Newport Center Drive East/Anacapa Drive and Newport Center Drive East/Center Drive intersections. Traffic Signal Modernization — Newport Center (Phase 5) Design — Approval of Professional Services Agreement with Iteris, Inc. October 12, 2010 Page 3 Additionally, the Project will rehabilitate the Newport Center Drive /San Miguel traffic signal (including the addition of protected left -turn movements for both Eastbound and Westbound San Miguel Drive) and the MacArthur Boulevard /San Joaquin Hills Road traffic signal. 4. Develop optimized traffic signal plans for traffic signals along Newport Boulevard to better handle summer peninsula traffic. As part of the current Phase 4 (Peninsula) Modernization Project (estimated completion in Fall 2010), traffic signal timing and coordination patterns have been developed for the non - summer seasons. To better address summer congestion, Staff proposes additional traffic signal timing programs be developed to be implemented in the summer of 2011. ENVIRONMENTAL REVIEW This project is Categorically Exempt under Chapter 3, Article 19, Section 15301, Class 1 of the Title 14 California Code of Regulations. This exemption covers maintenance, repair, and upgrades of existing facilities. PUBLIC NOTICE The agenda item was noticed according to the Ralph M. Brown Act (72 hours in advance of the public meeting at which the City Council considers the item. FUNDING AVAILABILITY Funds are budgeted and available for the design of the project in the following accounts: Account Description TS Modernization: Phase 5 TS Rehabilitation Program Account Number 7261- C3002009 7181- C3001007 Total Amount $130,700.00 $ 25,000.00 $155,700.00 Prepared by: Submitted by: Brad Sommers rs� —gie n G adum Senior Civil Engineer blic orks Director Attachment: Professional Services Agreement Location Map s 09 W d d G�4 9 4y P40$ N ��c z b 9s1, LEGEND °y NBWP°RT� TRAFFIC SIGNAL PHASE 5 U MODERNIZATION PHASE 5 • UPGRADE INTERSECTION c� CITY OF NEWPORT BEACH �t`PORNI O PROPOSED TRAFFIC SIGNAL CCTV CAMERA PROFESSIONAL SERVICES AGREEMENT WITH ITERIS, INC. FOR TRAFFIC SIGNAL MODERNIZATION PROJECT, PHASE 5 THIS AGREEMENT FOR PROFESSIONAL SERVICES (`Agreement') is made and entered into as of this day of , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ('City "), and ITERIS, INC., a Delaware Corporation whose address is 1700 Carnegie Avenue, Santa Ana, California, 92705 ('Consultant'), 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 is planning Phase 5 (Newport Center) of the Traffic Signal Modernization Project. C. City desires to engage Consultant to prepare the PS &E design packages for Phase 5, assist City with traffic signal timing development and deployment and assist with CCTV deployment (`Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Paul Frislie. F. 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 above written date, and shall terminate on the 30th day of June, 2011, 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 ('Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE 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. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Fifty -Five Thousand, Seven Hundred Fifty Dollars and no /100 ($155,700.00) 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. 4.1 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) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: Professional Services Agreement Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 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. 5. PROJECT MANAGER 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. BRAD SOMMERS, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Professional Services Agreement Page 3 A. 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. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever Professional Services Agreement Page 4 (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 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. 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 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 and /or his/her duly authorized designee 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. Professional Services Agreement Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. C. Coverage Requirements i. Workers' Compensation Coverage. Consultant shall maintain \Norkers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employers Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Professional Services Agreement Page 6 0 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. i. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of one million dollars ($1,000,000) limit per claim and in the aggregate. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. Requirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party Professional Services Agreement Page 7 or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. 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 cotenancy, 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 City and Consultant agree that subconsultants may be used to complete the Work outlined in the Scope of Services. The subconsultants authorized by City to perform Work on this Project are identified in Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of the subcontractor. Nothing in this Agreement shall create any contractual relationship between City and 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. The City is an intended beneficiary of any Work performed by the subcontractor for purposes of establishing a duty of care between the subcontractor and the 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 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its Professional Services Agreement Page 8 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 to City upon prior written request. 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. 18. 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 authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work 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. 21. 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 Professional Services Agreement Page 9 immediate right to appeal to the City Manager or his /her 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. 22. 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 paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project 24. CONFLICTS OF INTEREST The 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. 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. 25. NOTICES All notices, demands, requests or approvals 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. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Brad Sommers Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3326 Fax: 949 - 644 -3318 Professional Services Agreement Page 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Paul Frislie Iteris, Inc. 1700 Carnegie Avenue Santa Ana, California 92705 Phone: 949 - 270 -9661 Fax: 949 - 270 -9401 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 28. 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. Professional Services Agreement Page 11 29. 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. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. 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 or age. Professional Services Agreement Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: OFFICE OF TH CITY ATTORNEY: By Leonie Mulvihill, Assistant City Attorney o ATTEST: By: Leilani I. Brown, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Keith D. Curry, Mayor CONSULTANT: ITERIS, INC. 0 Dan Gilliam, Vice President James S. Miele, Chief Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 13 EXHIBIT A 7roposal far. A. PROJECT APPROACH Iteris has prepared a detailed scope of work to ensure that the Traffic Signal Modernization Phase 5 project is completed on time, within budget and to the complete satisfaction to 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 will be aimed 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 and the Traffic Signal Modernization Phase 4 and 7 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 5 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 at any 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 entities 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. Scott Carlson 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 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. ITERIS Page I 1 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 replacement 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 10 City of Newport Beach signalized intersections and one future signalized intersection presented below and as illustrated in Figure 1. The listing of project signalized intersections below includes the type of existing traffic signal controller. (1) San Joaquin Hills Road & Santa Cruz Drive / Big Canyon Drive (2) San Joaquin Hills Road & Santa Rosa Drive / Big Canyon Drive (3) Newport Center Drive & Corporate Plaza Drive (4) Newport Center Drive & Farallon Drive (5) Newport Center Drive & Newport Center Drive East/ West (6) Newport Center Drive West & Santa Barbara Drive (7) Newport Center Drive West & Santa Cruz Drive (8) Newport Center Drive East & Santa Rosa Drive (9) Newport Center Drive East & San Miguel Drive (10) Newport Center Drive East & Anacapa Drive (11) Newport Center Drive West & Center Drive (12) Santa Cruz Drive & San Clemente Drive Existing 820A Existing 820A Existing 820A Existing 820A Existing 820A Existing 820A Existing 920A Existing 820A Existing 820A Future Signal Future Signal Existing 820A The Project signalized intersections represent a portion of Phase 5 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. Page 12 ITERIS' W U A vng : " City of Newport Beach ygM1 Signal Modernization Project Phase S Project Area Y T Y New; ort`Beach $hi Mode W U A vng : " City of Newport Beach ygM1 Signal Modernization Project Phase S Project Area Page 13 1: rnase :) rroJecc Area rvia FFRd+tt01l OR Legend phase 5 %iw Corridor 6isOng SMFO &rlbg C..m,,aation HUb N,oeed CCTV Camera Traffic Signals Q Existing TraMc Signal O FuNre Trafic Signal ITERIS' 1. Traffic Signal Controllers: Replace existing traffic signal controllers at all 10 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 CCTV cameras at three signalized intersections with cameras mounted on existing traffic signal poles and matching IP encoders installed in the traffic signal controller cabinets at locations as noted below. (1) MacArthur Boulevard & San Joaquin Hills Road (Phase 1 Intersection) (2) Newport Center Drive & Newport Center Drive East / West (3) Newport Center Drive East & San Miguel Drive Note that the location at MacArthur Boulevard and San Joaquin Hills Road was upgraded and optimized as part of Phase 1. This Phase 5 project will only involve the installation of a CCTV camera and all necessary wiring and mounting equipment of the camera at this location. 3. Full Intersection Rehab: Upgrade existing signalized intersection with new traffic signal poles, signal heads, pedestrian heads, traffic signal controller cabinet and new conductors (rewire), at two signalized intersections listed below. (1) Newport Center Drive East & San Miguel Drive (Additional Protected Left Turn Phasing) (2) MacArthur Boulevard & San Joaquin Hills Road 4. Installation of a New Signalized Intersection: Install a new signalized intersection to include loop detection and interconnect at the un- signalized intersection listed below. (1) Newport Center Drive East & Anacapa Drive (2) Newport Center Drive West & Center Drive 5. Communications: The Project signalized intersections are currently supported primarily with twisted pair cable. The City's existing communications will be modernized to support Ethernet communications to the traffic signal controllers and the CCTV cameras. The upgrades will utilize the existing infrastructure to the maximum extent possible, and will include a combination of new fiber optic cable and existing twisted pair cable. The details of the communications upgrades are summarized below. (1) San Joaquin Hills Road: Communication upgrades will consist of new fiber optic cable installed in existing conduit along San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard. (2) San Miguel Drive: Communication upgrades will consist of new fiber optic cable installed in existing conduit along San Miguel Drive from Avocado to Newport Center Drive East. (3) Newport Center Drive /Santa Cruz Drive: Communication upgrades consist of retaining the existing copper interconnect between the project intersections. Task 1.1: Preliminary Design and 30% Plans The first step in developing the PS &E package for the Traffic Signal System Modernization Phase 5 project is to prepare a Preliminary Design Technical Memorandum that both qualifies and quantifies the project elements. l 1 L' RI Page 14 Under this task Iteris will detail the design of the signal system modernizations, CCTV camera design, signalized intersection upgrades (new poles, signal heads, rewire and new cabinets), new traffic signal installation 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 Preliminary 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. 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, and new traffic signal controller cabinets at select locations, as detailed in Task 1. The design of the traffic signal 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 construction of new controller cabinet foundations and 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 rehabs. The details of the traffic signal controller modernization, including Ethernet communication requirements, recommended upgrades and integration with the new traffic signal 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 CCTV cameras, IP encoders and central camera control software by Cohu. 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 to support the Project traffic signal controllers and ITERIS Page 15 CCTV cameras, while serving as a foundation for the expansion of the communication system to other corridors and signalized intersections overtime, The design of the communication system will include fiber optic cable in a combination of primarily existing and select segments of new conduit. Select segments of existing twisted pair cable may be retained, if applicable and feasible. 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, CCTV cameras, signal modification and new signal installation, 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. 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 the City comments on the Preliminary Design Memorandum (Task 1.1), Iteris will begin the detailed design phase that will produce the 90 %, 100% and final submittals. The plans and specifications will include the traffic signal controller upgrades, CCTV cameras, traffic signal modification, traffic signal installation, 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. It is anticipated that detailed PS &E packages will be prepared for the following items: • CCTV site plans at 20- scale. • Traffic Signal modification at 20- scale. ITERIS° Page 1 6 `T �T Proposal for. . '- 6ievvpbrt beach Signal IVioc j4d • Traffic Signal installation at 20- scale. • Communication infrastructure, including conduit, pull boxes, etc., at 40- scale. • Communication infrastructure details for the installation of conduit, pull boxes and splice vaults, if applicable. • Traffic signal controller, cabinets and communication hardware (appropriate fiber data modems) upgrades at 40 -scale as part of the communication plans. • Detailed communication block diagrams for field equipment and hardware, nodes and communication hubs. 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. Iteris assumes that the City will provide the following information to support the preparation of the detailed design. i. 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, prepared by Iteris as part of the Phase 4 & 7 project will be used to support the Phase 5 project. Design Reviews and Approvals It is assumed that the PS &E for the traffic signal controller upgrades, CCTV cameras, signal modifications and rehab, 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. ITE"S. Page 17 Applicable Standards Design plans will be prepared in accordance with applicable Caltrans or Newport Beach standards, including Caltrans 2006 standards, Pubic Works Construction (2003) and City standards. 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 • Final PS &E on CD or DVD 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) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) San Joaquin Hills Road & Santa Cruz Drive / Big Canyon Drive San Joaquin Hills Road & Santa Rosa Drive / Big Canyon Drive Newport Center Drive & Corporate Plaza Drive Newport Center Drive & Farallon Drive Newport Center Drive & Newport Center Drive East / West Newport Center Drive West & Santa Barbara Drive Newport Center Drive West & Santa Cruz Drive Newport Center Drive East & Santa Rosa Drive Newport Center Drive East & San Miguel Drive Newport Center Drive East & Anacapa Drive (future signal) Newport Center Drive West & Center Drive (future signal) Santa Cruz Drive & San Clemente Drive One element of this task will be to determine the grouping of the Phase 5 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, initial thoughts on the signalized intersections include coordinating San Joaquin Hills Road from Jamboree Road to MacArthur Boulevard and creating free operation timing for all remaining locations. Iteris will also prepare two summer coordination plans (midday and PM) and three outbound flush plans for the signalized intersections listed below, which are part of Phase 4 and 7. (1) Balboa Boulevard & 21" Street (midday & flush plans only) (2) Balboa Boulevard & 22 "d Street / 23rd Street (midday & flush plans only) Page 1 8 ITERIS' _. 0 (3) Newport Boulevard & 28`h Street (midday & flush plans only) (4) Newport Boulevard & 30`h Street (5) Newport Boulevard & 32 'd Street (6) Newport Boulevard & Finley Avenue (7) Newport Boulevard & Via Lido 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' files 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, lane 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. Note that no additional fieldwork will he conducted for the Phase 4 and 7 study intersections. 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 additional coordination patterns. Iteris will conduct 3 -day ADT counts (Saturday to Monday) at two key locations along Newport Boulevard during the summer months to determine the hours of operation and the varying traffic during the weekend. 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, including the future signal at Newport Center Drive (Circle) and Anacapa Drive. Turning movement counts at two 2 -hour peak periods will be collected. No weekend turning moving counts will be conducted. Summer turning movement counts will be collected at the seven (7) Phase 4 and 7 study intersections during the hours specified by the City: 11PM to IPM for the midday peak and 3PM to 5PM for the PM peak. Pedestrian and bicycle counts will also be collected in conjunction with the vehicular turning movement counts. Deliverable: Traffic Counts Technical Memorandum ITERIS Page 19 Task 2.3: Signal Timing Optimization and Implementation As part of this subtask, Iteris will evaluate the existing timing operation, update the existing Synchro model (developed by Iteris as part of the 2003 Traffic Flow Optimization project, the Phase 1 project, the Phase 2 & 3 project, and the Phase 4 & 7 project), 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 5 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. Iteris will also develop summer coordination plans (midday and PM) for the Phase 4 and 7 study intersections in the peninsula area. The vehicle and pedestrian timings will not change from the analysis conducted as part of Phase 4 and 7. Therefore, the analysis will include optimal cycle length, coordination timing, phasing order, split timing, and time -of -day start and stop intervals for each timing plan indentified. Actuated Settings Analysis As part of this sub -task, Iteris will review actuated settings for each Phase 5 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 California Manual on Uniform Traffic Control Devices ( MUTCD) and the newly released 2009 Federal Highway Administration (FHWA) MUTCD minimum values); pedestrian timing; gap, extension and reduction settings; and phase sequence. Recommendations will he 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, the Phase 1 project, the Phase 2 & 3 project, and the Phase 4 & 7 project). 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 Cycle Length: Depending on the level of pedestrian activity, the need to accommodate pedestrian timings at each intersection will be a key element in determining 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. Some of the assumptions that will be used in developing the minimum cycle lengths include: ITE"S' Page 110 rPropulfor: I �. ,- New13ort Beach Signal Modernization Ph ase 5 Project • Minimum thru split with pedestrian timing= Walk +Flashing Don't Walk +Yellow +AII 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. Though California has not yet adopted the FHWA 2009 MUTCD, the pedestrian (walk and flashing don't walk) clearance times will be determined with the assumption that California will adopt the higher minimum pedestrian clearance times in the future. 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. 3. Signal Groupings /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. 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 ITE"S_ Page 1 11 vn Proposal for -. . Newport Beach Signal Modernization Phase 5 Pro,ect 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 to the City for review. The format will be easily integrated into the Centrocs'' 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 5 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 4 & 7 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 5 traffic signal controllers with basic signal timing parameters for initial operations. From the TMC, 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 5 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 (Jamboree Road, Coast Highway 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 deliver final timing plan sheets to the City for their records and use. The fine - tuning of the Phase 4 and 7 summer coordination plans will be conducted by City staff. ITE"S' Page 1 12 Deliverables: • Technical memorandum 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 Task 2.4: Summer Flush Plans Iteris staff will generate flush plans for the peninsula area, which includes the seven (7) Phase 4 and 7 project intersections listed in Task 2, above. The flush plans will assist City staff with moving unpredictable fluctuations in traffic volumes out of the peninsula area, especially in the summer months. Iteris proposes to develop three "outbound" flush plans that will be universally applicable throughout the City for nearly all types of events and /or incidents. The flush plans will be generated in incremental cycle lengths (i.e. 120, 140, and 160 seconds) for different congestion levels. A meeting with City staff will be held to standardize the usage of pattern numbers in Centracs for specific flush plan levels and directions. Upon approval of the cycle length, split, sequence, and offset analysis, Iteris staff will implement the flush plans into Centracs for future use by the City. A technical memorandum discussing the analysis and the City preferred values will be provided to the City along with updated ASC /3 timing sheets, which were submitted as part of Phase 4 and 7. Deliverable: Technical memorandum summarizing proposed summer flush plans (including updated ASC /3 timing sheets) Task 2.5: New Signalized Intersection Simulation The existing pedestrian crossing at Newport Boulevard and 23rd Street, just north of the "Mix Master" (Newport Boulevard / Balboa Boulevard at 22nd Street / 23rd Street) is currently disrupting the traffic flow along Newport Boulevard and Balboa Boulevard. Per the City's request, Iteris will model the pedestrian crossing in Synchro and SimTraffic for all study peak (AM, midday, PM, summer midday, and summer PM) periods. The simulation will turn the pedestrian crossing into an actual signalized intersection with a pedestrian phase to cross Newport Boulevard and connect it to the Mix Master with an overlap phase to prevent from continuously serving the pedestrian demands regardless of what is going on at the Mix Master. This scenario will benefit the flow through the Mix Master intersections, especially due to their proximityto the pedestrian crossing. Results and recommendations from the simulation will be submitted to City staff in a technical memorandum. The technical memorandum will summarize the findings through the Synchro and SimTraffic simulations and provide the City with possible improvements /modifications to the pedestrian crossing. Deliverable: Technical memorandum summarizing simulation findings and recommendations ITERIS Page 1 13 In support of this task, Iteris 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 S. 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 ITERIS Page 1 14 EXHIBIT B B. FEE SCHEDULE Iteris' fee estimate to complete the Project as detailed in the scope of work is presented below. Page 1 15 ITE"S' 1400P'�- -W Staff Co TASK W `0 W HOURS/ COST QUAINT. 0 C c 5 W A 0 t 0 E Is < FY10 Rate t2ow S000 s.on a.Ils Vs. sssao .1. nation "Design -'i0 7903." 78, 0,2, Task 1, 1 Preliminary Design and 30% P—ans 6 60 6 im 130 302 $33.790 Task 1.2 Detailed Design 4 130 12 220 240 606 $67,550 Dd if 775�;7 M15-37— 7;�� 7�—, 7�7TOF '�, 7TOF 1, —"Y �,y - x_299, , " - $ Task 2.1 Field Remew 14 15 15 44 $4,825 Task 2.2 Data Cdlection 14 15 15 44 $4,825 Task 21 Signal Timing Optimization and Implementation 1 8 45 so 50 1— 155 $17.630 Task 2.4 Summer Flush Plan. 4 20 10 34 $4.170 Task 2.5 New Signalized Intersection Simulation 2 10 10 22 $2,560 Task.]?— ossi don **'. ........... — TotalHourst-abor 16 103 2, Ige,10 480 it 1276 Total Labor $144,500 ODCS $1,200 Traffic Counts (ADT and Tuming Mov ment counts) $10.000 Total Project Cost $155,700 Page 1 15 ITE"S' 1400P'�- -W ITERIS -, -=, STANDARD FEE SCHEDULE STAFF LEVEL HOURLY RATE Vice President/ Principal $ 210 Associate Principal /Associate Vice President /Director $ 210 Senior Systems Engineer /Senior Program Manager $ 180 Senior Software Engineer /Senior Modeler $ 170 Senior Transportation Engineer /Planner /Traffic Design $ 135 Software Engineer /Application Technician $ 120 ITS Designer /Technician $ 135 Transportation /Systems Engineer /Program Manager $ 125 Transportation Engineer /Planner $ 125 Associate Transportation Engineer /Planner $ 110 Assistant Transportation Engineer /Planner $ 95 Project Administration $ 105 Technical Support/Editing /Senior Administration $ 65 Graphics Support $ 80 Administrative Support $ 60