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Professional Services Contract - 2nd Amendment

Emeryville City Council
January 17, 2023

Document
Professional Services Contract - 2nd Amendment
Meeting
January 17, 2023
Body
Emeryville City Council
Pages
5
Original file
3.1 MB
Text extracted from the city's file for reading and search. Open the original on emeryville.legistar1.com. That file is the official record.

C A L I F O R N I A

P R O F E S S I O N A L S E R V I C E S C O N T R A C T

F O R C I T Y U S E O N L Y
Contract No. CIP No.

Resolution No. Project No.

REV 06/2020

SECOND AMENDMENT

THIS SECOND AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT (“Amendment”) is effective as of ____________________ (the “Effective Date”),, by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and ITERIS, INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.

W I T N E S S E T H T H A T
WHEREAS, the City and Contractor entered into a Professional Services Contract dated August 12, 2019 (“Contract”) for the purpose of retaining the services of Contractor to provide On-Call Traffic Engineering Consultant Services; and WHEREASm the City and Contractor entered into a 1st Amendment of the Contract dated July 1, 2022 (“Amendment”) for the purpose of extending the Contract; and WHEREAS, the City and Contractor desire to amend the Contract; and WHEREAS, the public interest will be served by this Amendment.

NOW, THEREFORE, the Parties hereto do mutually agree as follows:

1. AMENDMENT
The Parties agree to amend the Contract as checked below:

1.1 Exhibit A
 Exhibit A of the Contract is hereby amended in its entirety and replaced with Exhibit A-1;
OR
 Exhibit A of the Contract is hereby amended to include the provisions of Exhibit A-2, attached hereto and incorporated herein by this reference.

1.2 Termination Date
 The Parties desire to extend the termination date. Section 1.3 of the Contract is hereby amended to extend the termination date to JUNE 30, 2024.

DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B City of Emeryville | Professional Services Contract Amendment REV 06/2020

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1.3 Total Compensation Amount
 The Parties desire to increase the Total Compensation Amount as set forth in Section 3.2 of the Contract by ONE HUNDRED TWENTY THOUSAND DOLLARS AND NO CENTS ($120,000.00). The total
amount paid under the Contract as compensation for Services performed and reimbursement for costs incurred shall not, in any case, exceed

FOUR HUNDRED FORTY THOUSAND DOLLARS AND NO CENTS
($440,000.00).

2. CONTINUING EFFECT OF CONTRACT
Except as amended by this Amendment, all other provisions of the Contract remain in full force and effect and shall govern the actions of the Parties under this Amendment.

From and after the date of this Amendment, whenever the term “Contract” appears in the Contract, it shall mean the Contract as amended by this Amendment.

3. ADEQUATE CONSIDERATION
The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment.

4. SEVERABILITY
If any portion of this Amendment is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.

5. WAIVER
The City’s failure to enforce any provision of this Amendment or the waiver in a particular instance shall not be construed as a general waiver of any future breach or default.

SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B City of Emeryville | Professional Services Contract Amendment REV 06/2020

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6. SIGNATURE PAGE TO PROFESSESIONAL SERVICES CONTRACT

SECOND AMENDMENT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.

Approved As To Form:

City Attorney
Dated: CITY OF EMERYVILLE

City Manager
Dated: ITERIS, INC.

(Signature)
Steven Bradley, PE, Regional Vice President
Attach:

W-9 Form
Attach:

Business License
Certificate
Attach:

Insurance Certificate
and Endorsements
DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B 01/06/2023

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To: Ryan O’Connell From: David Huynh, PE
Senior Civil Engineer Associate Vice President
City of Emeryville
Date: December 20, 2022
RE: On-Call Traffic Engineering – New Tasks
Iteris is pleased to submit this proposed scope of work and fee in response to the City’s request to provide professional services for additional tasks as part of the existing on-call traffic engineering services contract.

1. ENGINEERING AND TRAFFIC SURVEY
Work Scope
Iteris will perform the data collection, analysis, and documentation for an engineering and traffic survey (E&TS) for various streets within the City of Emeryville. The E&TS will be prepared in conformance with the requirements of the California Vehicle Code (CVC), the California MUTCD, and the 2020 California Manual for Setting Speed Limits. The E&TS will also take into consideration the recent AB 43 speed limit legislation that was enacted.

The E&TS will be performed for the following nine (9) street segments that will include conducting new speed survey data:

New Speed Survey
Street Limits
Hollis Street 67th Street to Powell Street
Horton Street 62nd Street to 40th Street
Christie Avenue 65th Street to Powell Street
Powell Street I-80 Frontage to Vallejo Street
65th Street La Coste Street to San Pablo Avenue
La Coste Street 65th Street to 64th Street
53rd Street Horton Street to San Pablo Avenue
Park Avenue San Pablo Avenue to Halleck St
Frontage Road Powell Street to Point Emery
Additionally, the E&TS will include an evaluation of the following six (6) street segments where an E&TS was conducted in 2016 and to extend the validity of the speed limit set by the 2016 E&TS by the number EXHIBIT A-2
DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B

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of years as allowed under current law:

Extend Existing Speed Survey
Street Limits
Hollis Street Powell Street to yerba Buena Avenue
Powell Street 3306 Powell Street to I-80 Frontage
40th Street East abutment of 40th Street Bridge to San Pablo Avenue Shellmound Street 67th Street to Christie Avenue
Shellmound Street Christie Avenue to East Abutment of 40th Street Bridge Christie Avenue Powell Street to Shellmound Street
Preparation of the E&TS will include:
• Field Review | Field review of each study street segment to document existing land use, traffic control devices, and roadway physical characteristics.
• Speed Survey | Speed survey data will be collected by a certified radar operator with an appropriately calibrated radar gun, capturing a minimum of 100 samples (or for a duration of up to 3-hours) preferably as evenly split as possible in both directions (if applicable). This data would be collected on a mid-weekday, in good weather, during an off-peak period, and in coordination with the City to avoid any conflicts with events or construction. Data collection locations for speed will be carefully determined to select the most representative location of the entire speed study segment, taking into account stop sign or signal influence, visibility restrictions, impact of adjacent driveways, and minimal presence of curvature or other roadway characteristics affecting a driver’s speed. Speed surveys will be conducted for the nine (9) street segments where new speed surveys are required.
• Engineering Analysis | Following the collection of accepted and representative data, we will evaluate each location individually to determine the appropriate speed limit based on guidance and requirements set forth in the previously mentioned regulatory documents. We will follow the accepted procedures to determine and document the recommended speed limit for each of the identified segments. This includes the evaluation of collision data, qualitative segment analysis (physical characteristics discussed previously), and other conditions observed which may not be readily apparent to drivers (e.g. pedestrian activity, obstructions, or other unusual conditions). • Review Meeting | Upon completion of the initial draft recommendations for the E&TS, Iteris will schedule a meeting with City staff to review the recommendations for speed limit changes, if any.

The purpose of this meeting will be to gain consensus that the results of the engineering analysis and justifications are agreeable to the City and consistent with expectations. This meeting will inform the completion of the Draft E&TS.
• E&TS Report | The results of the study will be documented in a formal report that will discuss the background and purpose of the study, study methodology, analysis results and recommendations for speed limits, and an appendix that will include all supporting data collected as part of the project. The initial report will be prepared as a draft for City staff review. Iteris will address any City comments on the draft report and produce a final report.

DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B

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Proposed Fee
Iteris proposes to provide the above outlined scope and associated services for a fee of $39,712.

Reimbursable expenses are included in the fee.

Task Cost
1 Project Management $2,158
2 Data Collection $12,067
3 Analysis and Documentation $25,487
Total Fee Estimate $39,712

2. BICYCLE BOULEVARDS VOLUME/SPEED

MONITORING
Work Scope
Iteris will perform the data collection for traffic volume and speed monitoring as part of the City’s bicycle boulevard monitoring. Data collection will be conducted along the following 12 street segments (same as conducted in 2019):

No. On Street Location
1 Overland Ave. between 65th St. and 64th St.
2 Horton St. between 62nd St. and 59th St.
3 59th St. between Peladeau St. and Hollis St.
4 59th St. between Hollis St. and Doyle St.
5 Doyle St. between 61st St. and 62nd St.
6 53rd St. between Horton St. and Hollis St.
7 53rd St. between Emery Bay Dr. and Boyer St.
8 Horton St. between 53rd St. and 45th St.
9 Horton St. between Park Ave. and 40th St.
10 45th St. between Horton St. and Holden St.
11 45th St. between Doyle St. and San Pablo Ave.
12 45th St. between Salem St. and Essex St.

For each segment, the following data will be collected:
• 24-hour auto bidirectional ADT and speed for 3 weekdays (Tuesday to Thursday). • 12-hour (7am to 7pm) bicycle and pedestrian volume count for 1 weekday. • The collected data will be tabulated and provided in Excel spreadsheets for each project location.

DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B

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Proposed Fee
Iteris proposes to provide the above outlined scope and associated services for a fee of $8,775.

Reimbursable expenses are included in the fee.

Task Cost

1.0 Project Management $855

2.0 Data Collection $7,920
Total Fee Estimate $8,775

3. PASSIVE PED DETECTION VERIFICATION
Work Scope
Iteris will perform quality control and verification of passive pedestrian detection to be implemented at up to ten (10) signalized intersections using the existing video detection system. Configuration and setup of the passive pedestrian detection will be performed by others (DC Electric). For each location, Iteris will verify the proper configuration and operation of the pedestrian detection through the following steps:
• Remotely access the video detection system and utilize the Econolite Vision supervisor software to verify proper pedestrian detection operation.
• Remotely access the central signal system and utilize the Econolite Centracs software to verify proper signal operation relative to the pedestrian detection operation. • For each pedestrian detection zone created, record the detection video stream during various times of the day to account for operations during varying lighting conditions. The plan will be to record for one-hour periods during the morning, midday, late afternoon/early evening, and night time.
• Review and document the video recordings to analyze the effectiveness of the passive pedestrian detection at each intersection. The results will be tabulated and provided in Excel spreadsheets for each location.

Proposed Fee
Iteris proposes to provide the above outlined scope and associated services for a fee of $9,100.

Reimbursable expenses are included in the fee.

Task Cost

1.0 Project Management $430

2.0 Verification of Passive Pedestrian Detection $8,670 Total Fee Estimate $9,100
DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B

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4. DEVELOPMENT & TRAFFIC ENGINEERING REVIEW
Work Scope
Iteris will provide technical support to City staff for various development and public projects within the City on an as-needed basis. Technical support may include the following work tasks:
• Review and provide comments on traffic impact studies/traffic impact analysis prepared as part of a proposed development project;
• Perform operations analysis and alternatives analysis; and • Review and provide comments on improvement plans prepared as part of a proposed development project. Improvement plans may include new traffic signal design, existing traffic signal modification, signing and striping plans, and communications design.

Proposed Fee
Iteris proposes to provide the above outlined scope and associated services for a fee based on time and material of up to $62,413 on an as-needed basis. Reimbursable expenses are included in the fee.

Task Cost

1.0 Development & Traffic Engineering Review
Total Fee Estimate $62,413
st
$62,413
TOTAL CONTRACT AMENDMENT AMOUNT:

ENGINEERING AND TRAFFIC SURVEY ...................................... $ 39,712.00 BICYCLE BOULEVARDS VOLUME/SPEED MONITORING .......... $ 8,775.00 PASSIVE PEDESTRIAN DETECTION VERIFICATION ................... $ 9,100.00 DEVELOPMENT REVIEW .......................................................... $ 40,000.00 AS-NEEDED TRAFFIC ENGINEERING TASKS ..............................$ 22,413.00 TOTAL .................................................................................$ 120,000.00 !"" NIK J IGNACIO DATE: 12/28/2022 APPROVED
DocuSign Envelope ID: A7FC26FD-F732-406F-919B-82D77CF5C97B

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