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HomeMy WebLinkAbout06 - East Coast Hwy Traffic Signal Rehab Project Design PSACITY OF NFWPORTBEACH G.K ryq Gouncil Staff Report Agenda Item No. 6 April 9, 2013 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department David A. Webb, Public Works Director 949-644-3311, dawebb .newportbeachca.00v PREPARED BY: Bryan Loo, Junior Engineer 949 - 644 -3324, bloo(a)newportbeachca.aov APPROVED: TITLE: Approval of Professional Services Agreement with Kimley -Horn and Associates, Inc., for East Coast Highway Traffic Signal Rehabilitation Project Design ABSTRACT: Engineering services are required for the preparation of plans and specifications for the East Coast Highway Traffic Signal Rehabilitation Project. RECOMMENDATION: Approve a Professional Services Agreement with Kimley -Horn and Associates, Inc. (Kimley- Horn), of Orange, CA, for design services for the East Coast Highway Traffic Signal Rehabilitation Project at a not to exceed price of $124,800.00 and authorize the Mayor and City Clerk to execute the Agreement. FUNDING REQUIREMENTS: The current adopted budget includes sufficient funding for engineering services within the PCH Relinquishment Fund account, 7254- C3002019. DISCUSSION: Through the Coast Highway relinquishment in 2004, the City took over operation of the segment of East Coast Highway from Jamboree Road to Newport Coast Drive including 13 Caltrans traffic signals that were in various states of disrepair. In 2008, the City retrofitted the traffic signals with modern traffic controllers and communication equipment as part of the first phase of the Traffic Signal Modernization Project. The last Page 1 of 28 Approval of Professional Services Agreement with Kimley -Horn and Associates, Inc., for East Coast Highway Traffic Signal Rehabilitation Project Design April 09, 2013 Page 2 major traffic signal rehabilitation project along Coast Highway was completed by Caltrans sometime prior to the relinquishment. With the goal of improving reliability of the traffic signals along the City- operated segment of Coast Highway, staff recommends the aging Caltrans traffic signal equipment be replaced (i.e. traffic signal poles, signal and pedestrian indications, traffic cabinet, signal wiring and conduit, etc.) with new equipment that will integrate with the City's Traffic Management Center. The proposed East Coast Highway Traffic Signal Rehabilitation project will replace the obsolete traffic signal equipment; modify medians at key locations to improve pedestrian, bicycle, and vehicular flow; improve pedestrian ramps to meet current ADA standards; and re -wire the following eight existing signalized intersections: Coast Highway / Irvine Terrace o Coast Highway / Newport Center Drive Coast Highway / Avocado Avenue Coast Highway / Goldenrod Avenue Coast Highway / Poppy Avenue Coast Highway / Morning Canyon Road Coast Highway/ Cameo Highlands Drive /Cameo Shores Road; and o Coast Highway / Pelican Point Drive Additionally, new Closed Circuit Television (CCTV) cameras will be installed at the following two intersections to improve traffic signal response in Corona del Mar: • Coast Highway / Goldenrod Avenue • Coast Highway / Poppy Avenue The remaining five traffic signals located along the City- operated segment of Coast Highway have either recently been rehabilitated, were recently installed, or will be upgraded with other planned projects. Therefore, these intersections have been excluded from this rehabilitation project. See Attachment A. In 2011, six professional design consultants were invited to provide proposals for traffic signal design. Staff received six proposals, which were reviewed to evaluate each consultant's qualifications, past experience on similar projects, and availability. Through the qualification -based selection process, staff ranked the traffic signal design consultants: 1. Hartzog & Crabill, Inc. 2. Kimley -Horn and Associates, Inc. 3. Albert Grover & Associates 4. RBF Consulting 5. Wildan Engineering 6. Austin -Foust Associates, Inc. Page 2 of 28 Approval of Professional Services Agreement with Kimley -I -torn and Associates, Inc., for East Coast Highway Traffic Signal Rehabilitation Project Design April 09, 2013 Page 3 Hartzog & Crabill, Inc. was selected in 2011 to provide design services for the previous Traffic Signal Rehabilitation project and has successfully completed the work. Per Administrative Policy AP -001, staff has selected Kimley -Horn as the next qualified design consultant from the current list to provide design services for the East Coast Highway Traffic Signal Rehabilitation Project. The design services included in this project are detailed in the attached Professional Services Agreement. ENVIRONMENTAL REVIEW: Staff recommends the City Council find this project exempt from the California Environmental Quality Act ( "CEQA ") pursuant to Section 15301, (for repair, maintenance and minor alteration of existing public facilities) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential to have a significant effect on the environment. NOTICING: The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at which the City Council considers the item). Submitted by: "V- -),-. !" dA, /J avid A. Webb Director of Public Works Attachments: A. Location Map B. Professional Services Agreement and Scope of Services Page 3 of 28 LOCATION MAP S� EAST COAST HIGHWAY TRAFFIC SIGNAL REHABILITATION PROJECT C��IFUA�� CI'T'Y OF NEWPORT BEACH ATTACHMENT A ao 9,pT �qR TRAFFIC SIGNAL UPGRADE �tYj ® PREVIOUSLY UPGRADED AL PLANNED UPGRADE IN SEPERATE PROJECT 'I i 1� 1 r A I' l AC" i-IMIrNT I. Ilt:.!AGIN I °tlfik le: kill \IAI.:fkil:VlC:ki7i A(INERMIFiN'E' VVI01 KlIIIILGV. -HORN AND A:9S0CIATU S, INC. FOfI LAST COAST fIIGFIWAY SIGNAL. RE HAt3 LITATION CtIcSIGN THIS, AGREEMENT FOR PR OFESSIONAL SE'RVICE'S ( "Agreement') is made and cantered into as of this day of March, 2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City "), and KIML.E'Y -HORN AND ASSOCIATE'S, INC., a North Carolina corporation ( "Consultant'), whose address is 705 The City Drive, Orange, California 92868 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. D. City desires to engage Consultant to prepare traffic signal modification plans as part of the East Coast Highway Signal Rehabilitation ( "Project "). C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described in this Agreement. D. The principal member of Consultant for purposes of Project shall be Jason Melchor, P.E. E. 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 tho undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014 unless tenninated earlier as set forth herein. 2. SERVICES TO BE PERFORMED City and Consultant acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement, Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work "). The City may elect to delete certain services within the Scope of Services at Its sole discretion. 5 of 28 Page 5028 r'INIF- r) - t'EI {-CIRIVIANGti 31 Time is of the essonce in the performance of Services under this Agreement and Consultant shall perform the Services In accordance with the schedule Included In Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion in a diligent and timely manner, The failure by Consultant to strictly adhere to the schedule set forth In Exhibit A, If any, or perform the Services in a diligent and timely manner may result In termination of this Agreement by City. 3.1.-I Notwithstanding the foregoing, Consultant shall not be responsible for delays duo to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) clays of the occurrence causing the delay to the other party so that all delays can be addressed. 3.2 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator (as defined in Section 6 below) not later than ten (10) calendar clays 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. 3.3 For all time periods not specifically set forth herein, Consultant shall respond In the most expedient and appropriate manner under the circumstances, by fax, hand - delivery or mall. 4. COMPENSATION TO CONSULTANT 4.1 City shall pay Consultant for the Services on a flat rate not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit D and Incorporated herein by reference. Consultant's compensation for all War( performed In accordance with this Agreement, Including all reimbursable items and subconsultant fees, shall not exceed One hlundred Twenty Four Thousand, Eight Hundred Dollars and 00/100 ("$124,000.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.2 Consultant shall submit monthly invoices to City describing the Work performed the preceding month, Consultant's bills shall include the name of the person 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. 4.3 City shall reimburse Consultant only for those casts or expenses specifically identified In Exhibit D to this Agreement, or specifically approved in writing in advance by City. KIMLEY -FIORN AND ASSOCIATES, INC. Page OW 2a Page 6 of 28 4. /1 Corn;r.dU:ml :;11..111 not rerelve ally compenaa lion for I-ixtrn Work pr;,rlonried witho(It the prior written ".authorization of City. A, usod herein, "Exha Work" Moans any Work that Is detern'dnod by City to be neressary for the: proper completion of the Project, but which Is not Included within the Scope of Scivices 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 SGIMIL11e of Billing Rates as set forth in Icxhibit B. ti. PROJECT MANAGER 5.1 Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Bract Sommers to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed In Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. 5.2 Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of Services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 5.3 If Consultant is performing inspection services for City, the Project Manager and any other assigned staff shall be equipped with a cellular phone to communicate with City staff. The Project Manager's cellular phone number shall be provided to the City. G. ADMINISTRATION This Agreement will be administered by the Public Works Department. Brad Sommers, Senior Civil Engineer, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator shall represent City In all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES 7.1 To assist Consultant In the execution of Its responsibilities under this Agreement, City agrees to, where applicable: 7.1.1 Provide access to, and upon request of Consultant, one (1) copy of all existing relevant information on file at City. City will provide all such existing relevant information In a timely manner so as not to cause delays in Consultant's Work schedule. 7.1.2 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. KIMLEY -HORN AND ASSOCIATES, INC Page73Df 28 Page 7 of 28 Y.1.3 P'rovido usable life of (facilities oaiteria and Infonriatlora Willi rutlardc to new facilities or facilillm; to be rehabilitated. a. STANDARD OF CART 8.1 All of the Services shall be. performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the Services required by this Agreement, and that it will perform all Services In a manner commensurate with the highest professional standards. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one (1) or more first - class firms performing similar work under similar circumstances. 8.2 All Services shall be performcd by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and warrants to City that it has, shall obtain, and shall keep In full force and effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, Insurance and approvals of whatsoever nature that is legally required of Consultant to practice Its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.4 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be In default or deemed to be In default by reason of strikes, lockouts, accidents, acts of God, or the failure of City to furnish timely Information or to approve or disapprove Consultant's Work promptly, or delay or faulty perfonnance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (Including, withoiat 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 (individually, a Claim; collectively, "Claims "), which may arlse underthis Agreement or in any manner relate (directly or Indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. 9.2 Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to Indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. KIMLEY -HORN AND ASSOCIATES, INC. Pageo4 28 le 8 of 28 Nothinq in ilrir: indemnity ch,dl ire ronslruod as autlinrizing any award of .rlturney's Fr:es in any action on or to ollfome the tones of this Agreoment. This Indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. "the policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant Is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. No civil service status or other right of employment shall accrue to Contractor or Its employees. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the Work, provided that Consultant Is In compliance with the terms of this Agreement. Anything In this Agreement that may appear to give City the right to direct Consultant as to the details of the performance of the Work or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or Interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator In advance of all critical decision points In order to ensure the Project proceeds In a manner consistent with City goals and policies. •13. PROGRESS Consultant is responsible for keeping the Project Administrator 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. 14. INSURANCE_ Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement or for other perlods as specified In this Agreement, policies of KIMI..EY -HORN AND ASSOCIATES, INC. Pagepf 28 Page 9 of 28 innurance of the type, s.rrnocudc, terms and conditions described in tho hraa.g-arwo Requfremc:nts attached hereto as Exhibit C, and incorporated herein by reference. 15. PROI-Ilfll T ION AGAINS T A SIGNIVIENTS, AND T RAWWERS 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 orjoini- vontrnn or syndicate or cotenancy, which $hall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. 16. SUBCONTRACTING The subcontractors authorized by City, If any, to perform Work on this Project are identified In Exhibit A. Consultant shall be fully responsible to City for all acts and omissions of any subcontractor. Nothing in this Agreement shall create any contractual relationship between City and any subcontractor nor shall It create any obligation on the part of City to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. 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. •1.7. OWNERSHIP OF DOCUMENTS 17.1 Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of Implementing this Agreement, shall become the exclusive properly 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 Witten request. 17.2 Documents, Including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant, f=urther, 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 KIMLEY -HORN AND ASSOCIATES, INC. Pagg%of28 Page 10 of 28 :agr:ciiul now ullant and City assuuner full resporrsihility for such changes r.u'lcss City has giver Consultant prior notice: and has received from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall be prepared will) Indelible waterproof ink or electrostaticiy plotted on standard twenty -four inch (24") by thirty -six Inch (36") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City 'As- Built' drawings and a copy of digital Compute' Aided Design and Drafting ("CADD ") and Tagged Image Pile Format (.fifo flies of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements Is available from the City's Public Works Department. 10. COMPUTER DELIV12RABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indernnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City In .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. •19. CONFIDENTIALITY All Documents, Including drafts, preliminary drawings or plans, notes and communications that result from the Services in this Agreement, shall be kept confidential unless City expressly authorizes in writing the release of Information. 20. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents the Consultant's judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to consultant or contractor bids or actual cost to City. KIMLEY -HORN AND ASSOCIATES, INC. Pagk,7` 28 11 of 28 29. INTt`iLLFCY JAI., PR 1 IFIR r•Y IN) ILWINI T Y The Consultant shall defend and indennlfy City, Its agents, officers, representatives and employees against any and all liability, Including costs, for Infringement or alleged Infringement of any United States' letters patent, trademark, or copyright, including costs, contalned in Consultant's Documents provided under this Agreement. 22. RECORDS Consultant shall keep records and invoices in connection with the Services to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs Incurred under this Agreement and any Services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and Invoices shall be clearly Identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and Invoices during regular business hours. C onSUltant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years frorn the date of final payment to Consultant under this Agreement. 23. VVITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement.' Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an Immediate right to appeal to the City Manager or his /her designee with respect to such disputed scans. 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 elate of withholding of any amounts found to have been Improperly withheld. 9.4. E -AROR5 AND OMISSIONS In (he 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 Worl< accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing In this Section is Intended to limit City's rights Under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO ENIPLOY OTI-IER CONSULTANTS City reserves the right to employ other Consultants In connection with the Project. KIMI -EY -HORN AND ASSOCIATES, INC. 28 12 of 28 26. t:uNt9.IC'r'c;01'INITTT7. P 26.1 The Consultant or its employees may bo. subject to the provisions of the California Political Ref'orfrr Act of 1974 (the "Act"), which (1) requires such persons to disclose any financial interest that may foreseeably he materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in nnaking, decisions that will foreseeably financially affcrt such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Art. 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. 27. NOTICES 27.1 All notices, demands, requests of, approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given In writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mall, postage prepaid, first- class mall, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Prior to April 10, 2013: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92.658 Phone: 949 -644 -3311 Fax: 949 - 644 -3318 April 10, 2013 and after: Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 100 Civic Center Drive PO Box 'I 768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 KIMLEY- I -IORN AND ASSOCIATES, INC. 13 of 28 ?.7.' /. All nolices, demauck:, rotior:nU; or approwds from Gfly to Consfdl.ml shall IJO addressed to G01'ISUlfant at: Attn: Jason Melchor, P.E. KIMI -f=Y -HORN AND ASSOCIATES, INC. 765 The City Drive, Suite 200 Orange, CA 92868 Phone: 714- 939 -1030 Pax: 7141- 938-9488 28. CLAIMS Unless a shorter time Is specified elsewhere in this Agreement, before making its final request for payment under this Agreement, Consultant shall submit to City, in writing, all claims for compensation under or arising out of this Agreement. Consultant's acceptance of the final payment shall constitute a waiver of all claims for compensation under or arising out of this Agreement except those previously made in writing and Identified by Consultant In writing as unsettled at the time of its final request for payment. The Consultant and the City expressly agree that in addition to any claims filing requirements set forth In the Agreement, 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 etseq.). 29. TERMINATION 29.1 In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and In the manner required, that party shall be cleemed 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 CUM file default and the clofaulting 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. 29.2 Notwithstanding the above provisions, City shall have the right, at Its sole and absolute discretion and without Cause, of terminating this Agreement at any time by giving no less than seven (7) calendar clays prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily petformed and costs incurred up to the effective date of termination for Which Consultant has not been previously pall. 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. f<IMI..[Y -I PORN AND ASSOCIATES, INC. Page I of zs Page 14 of 28 30. 2TANDA1=Ji H- '0VISI0Ni9 30A Coltance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and roquiVements of all governmental entities, including federal, slate, county o1- 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 Achninishator and City. 30.2 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. 30.3 Integrated Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 30.4 Conflicts or Inconsistencies. In the event there are any conflicts or inconslstencles between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 30.5 Interpretation. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for of- against either party by reason of the authorship of the Agreement or any other rule Of construction which might otherwise apply. 30.6 Amendments. This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 30.7 Severability. If any term or portion of this Agreement is held to be Invalid, Illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue In full force and effect. 30.8 Controlling Law and Venue. The laws of the State of California shall govern this Agreement and all matters relating to It and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of California. . 30.9 Equal Opportunity Employment. Consultant represents that It Is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, age or any other impermissible basis under law. KIMLEY -HORN AND ASSOCIATES, INC.Of 28 Page 15 of 28 IN WIiWOZ3 WOVUH.oh, the partioc have cauf.od ihi:: Agreement to ho oxecutod on the dates written below. APPROVED AS TO FORM: CITY AI TOR IF-.Y'S OFFICE Data: �; !b ,s By:. Aaron C. Harp —rte City Attorney ATTEST: Date: Leilani I. Brown City Clerk Attachments: CITY OF NEWPORT BEACIi, A California municipal corporation Date: By'- - Keith D. Curry Mayor CONSULTANT: KIMLEY-I-IORN AND ASSOCIATES, INC., a North Carolina corporation Date: By: Saline Ciandella Senior We President Jason Melchor Associate [END OF SIGNATURES] Exhibit A - Scope of Services Exhibit B - Schedule of Billing Rates Exhibit C - Insurance Requirements KIMLEY -HORN AND ASSOCIATES, INC. 28 16 of 28 SCOPE or sr- pvIGFf. �— - -- -- -- - - - --- -1nf28 KIMLEY -HORN AND ASSOCIATES, INC. Page A-Jge 17 of 28 I II • ° j Itoiilry -liont !I'_ andAssodalos,hic. Much 4, 2013 By elllnil Mr. Brad Sommers Senior Civil Engineer Public Warks Depnrlment City ofNewport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal for Coast Highway Traffic Signal Upgrndes Dear Nil. Summers: ICindey -f-forn aoci Associates, file. (KHA) is pleased to submit this propose[ tothe City of Newport Beach to prepare I affic signal modification plans as part of the Coast Highway Traffic Signal Upgrades. We propose the following Scope of Services: Project Understanding The City orNewport Beach is upgrading the traffic signal equipment it eight intersections along Coast Highway to current. City standards. Signal improvements at selected intersections will Include flow cabinets, controllers, signal heads, signal poles, ImISI RMIS, conduit crossings, and rewiring. We understand the City is targeting the end of July 2013 for a complele bid package In order fo begin conch uclion nl [lie stall of September 2013. Based fi'onn previous discussion and infor nalion provided by City staff, we propose fire following Scope of Services: Scope of Services KHA will providetheservices specificalfysel forth below. Task I —Field Surveying and /lase Afgp Preparrdion KHA staff will perform n field review of observable conditions, KHA will make field notes for the preparation of ImMe signal modificalion plans, consisting of street geometries, lane configurations and widdiss, digital photographs and inventory and McMinn of existing facilities that cony impact placement of traffic signal equipment and conduit rims. We will create base mapping for each ialcrsoction from existing record drawings provided by the City. Recover the existing horizontal and vertical conb-01 covering the northwest corner of Coast Li lEL 714 939 1979 FAX 714 030 9469 I:1 S41W 290 7E5TIw Cilraiieo ofmilo.wraini 92060 18 of 28 Page 18 of 28 il /r:Ibiu6Ynnrnaex Ako ch d• 2013 I }nP• ;,,,/ 6 Highway and Avocado AwC110C. Establish on -site survey control stnlioos nod project Bench Marls. Perform n Topographic survey of the existing pork chop Islmttl at the northwest cornor of Coast Highw;p, and Avocado Avamr, imlilding the oorOnvesl curb Groin the dart of I ighl -(oin pockcl l0 50' beyond Ilse cad of curb return along Coast I Iiglnvay. Compile the topographic and field observa0on information into it CAD plan to supplemenl the available slapping. lm 2— 7)•qfflc SigtadillodrReolrnu Manx JQJA will prepare tinflie signal modificnliot design plums foil' the cighl inlorsecbons listed below: • Coast Highway al Irvine Terrace Y NeivhrBMA P conlrollorcnbincl, ASC/3 -2100 coub•ollcr, mtd location A Modify west leg median nose • Coast Highway at Newport Center Dfive Y New NBMA P controller cnbinet, ASC /3 -2100 controller, mid locatiolt • Coast Higliwny nt Avocado Avenue Y New NBMA P controller cabinet nod ASC /3 -2100 controller 3' Modify MY earlier pork chop median ('I'o be providal on separate detail sheet) ➢ Revise striping along north leg of Avocado Avenue tip to 300' from back of • crosswallr. (Separate signing and sh•iping sheet) Coast Highway at Goldenrod Avenue Y New CCTV camera al soulheest corner Y Modify median nose, east leg of Coast Highway Coast Highway at Poppy Avenue N New NBIvIAO controller cabinet, ASC /3 -2100 condroller, nail loaalion N New CC`T'V camera nt uoribwast cams' Coast Iiiglnvay nl Morning Canyon hood 9 New NBh9A P controller enbiuetantl ASC /3 -2100 conb'olier - h Modify median nose, cast and west legs of Coast Highway A Modify southwest curb rmup Coast IJighnmy nt Cnnneo I-IigblmldslL'snncoShares ➢ New NEMA P controller enbinel, ASC /3 -2100 controller, and location Y Modify median uosc, cast and west legs of Coast Highway o Coast HighwayntPelicanPoinlDrive )� Nety NBMA P controller cnbinet mid ASC /3 -2100 cnuf•oller The signal modification design plans will be prepared in accordance with current City of Newpot Beach and Callrans staodnrds. The b•nffle signal modification plans will bo prepared at 20 scale Kt \ORA:ITTOiQN1uketiug%Ciry orNm%port neodMY 12- I3'Cmnie SiCinl RelnLilinlion prajedlNmrynrl Wench Signal hlodificnllmrAPraposnl - Nmryon Limit Coast Hirt' Tmmc Sigmt Uptpodcs updated O7 dhildoo 19 of 28 Page 19 of 28 A btlLrnLSunm� c. AI imp q %dl:I lat�;r:.r „tr (I” =20') ushn, AuioCAD 2010 version dialling software on 24" x 36', full -size sheets. We anlicipale coordination with Southent California Edison regarding service al Ilse four locations where (lie controller cabinet relocations are proposed. Malian nose modifications; will be included as part of (he Iraffic signal punts. Fiber optic re- rouling (he tole controller cubinel relocations will nlso be shown on the Traffic signal plans. Modificnlion ol- sati:(y lighting on traffic signal poles, including lunninaires and mast mans, to decmntivestyles will beshown ou the traffic Signal modification plans. Separate street lighting pints to mudify roadway street lights beyond the intersection are not included its pnrl oflbis [ask. KFIA will prepare a separate duloil sheet in show ilia modification of (he pork chop median at Ilia n0rlhwesl cmver of Calls[ Highway and Avocado Avcnuc to allow for dual I00 -It'll Iancs and one Iluough lane for ilia soulhbound approach. KHA wil I prepare a sepalnte Ifile sheet far the pl'oject. We have budgeted four (4) hours per submitlai to address minor clarification comments fivin Ills City and provide disposition. Deliverables (10 sheets lolal): 1" Submittal - 75% Design Plats 2 "" Submittal —90% Design Plans Final Submittal— 100% Design Plans Task 3 — Signing and Striping Plans KFIA will prepare a signing and striping plan for (he north leg of Coast Highway and Avocado Avenue up to 300' Lion fhe hack of crosswalk and for Ilia crosswalk improvements at the intersection of Coast Highway and Morning Canyon Road. The signing and stripiugplans will be prepared f l accordance wilh current City of Newport Dcech and Calbans slaudards and will be prepared at 40 scale (]"­10') using Au[oCAD 2010 version drafting sollwarn oil 24" x 36', full - size sheets. Deliverables H sheet 1" Submitlal - 750/6 Design Plans 2"I Submitial — 90% Design Plans Final Submitlal— 100% Design Plans Task 4 —Sti cel Lighting Pkotomelrics KFfA will analyze the street light pliolometrics at eight signal localfons in (lie City. KFIA will use Ilia AGI32 lighting sot vnic to determine (he averfigefoot- candle (fe) and unifouaully levels al the intersections. Photometric Illuminance lighting levels will follow either ilia Illuminating' 13nginecring Society of Null America (fESNA) Roadway Lighting 1P -8-00 standards or (he American Association of Stale Highways find Transportntfon Officials (AASFITO) Rouclmay Lighting Design Guide. The photometric analysis will be presented on 24" x 36', full -size sheets with Iwo intersections shown per sheet - KAOM 'fPTO'QMndxlinglChy aMrmpm aend,111Y 12 -I3 Traflle Sigmi ttehabililaltov ProjectlNcoyport mcudr Signal Mudificvlivasll'rvposal - Neuyo "I ncull comt lny'I'mme str%ml Upgrades npdatn103- e- 1.13.doe 20 of 28 Page 20 of 28 AhI111i/!1. \'l ...... b"." A hm-h 4, 200 4 rrf'6 Deliverables (4 sheets IalalJ: 0 Suhm illal - 75% Design Plans 7.161 Submittal — 90% Design Plans Final Submilhd— 100 %Design Plnns Task S - Ophdou of Probable Cone•frurlioo Cost KHA will prepare Opinion of Probable Construction Cost eslinmles fur [he design plans. Delivcrables: I" Submilhd - 90% Design Plans Fiuol SubmillaI — 100% Design PIRns nisk6-Specifications KIhIA will prepare project specificntions for the design picas. KHA will modify (he City of Newport Beacl, traffic sigtlnl boiler plato specifications to match the proposed walk For (his project. Deliverables: I` Submittal - 90% Design Plans Phial Submittal — 100% Design Plans l ask y — CrossnralkRenroval SOrd), KHA wilt prepare a crosswalk removal evaluation for (he crossing a( fine west leg of Coo "st Highway and Morning Canyon Rond. Pedestrian volume counts Will be Collected at the sludy Intersection. A separate field evaluation consisting of digital pictures and observations is required to document existing coticlitions and will be included in the report. Deliverables: I'I Submittal - 90% Design Plans Final Submittal — 100% Design Plans Task 8— Adeefings KHA will offend up to four (A) meetings will, City sluff dining the course of this project. The meetings could include discussion on project Millis and design submittals, or to preseut issues /findings. '!'risk 9 — Conslruclion Supporl KHA will budget up to lcn (10) horns to assist (he City will) 001ISh UClion Support, which includes providing responses to Contractor RFI's gild review of material submiUnls. 1:: 1URA_'1'P'1'OI[n;llnrkmfilglCliy nl'Nenpml BeaeL1FY 12 -I J'1'mffiu $fgaU RclmLililali°n PmjccaNewaun ❑ends Signal himlificnlions\Prnpnsal - Ncuyort aeacb Coast f Isy Traffic $IKnal UpgrnJcs nµl:ncJ OI.Od -I ].JOe 21 of 28 Page 21 of 28 Afm'rL.1.. )0f.f A &,- T n/fi Task 10— Record Drrrahigs ICHA will prepare record drawings for the eight signal nmdiricalion design plans and one signing and striping plan using Ole red -I ilia field markup prepared by the Conlraclor. Additional Services Any services not specifically provided for in the above scope will be considered nddilional services and can be performed at our (hen current hourly ratty. Additional services wo eau pruvidc include, but are nol limiled lo, the following: • SlrmL ligh(ing plans (Roadway) • Signing and striping plans o Signal interconnect plans • Fiber optic plums • Traffic control plans • project team ntee(ings • Any services not specifically called out in the Scope of Services Information Provided By Client We shall be entitled to rely on the completeness and accuracy of all information provided by [lie Client or the Client's consultants or representatives. The Client shall provide all Information requested by ICHA during tine project, including bill not limited to the following: Traffic signal, signing and striping, fiber optic, and street improvement pilau record drawings. Traffic signal specifiea(ions hoiler plate Schedule We will provide our services as expeditiously as practicable wi(h (lie goal of meeting a mutually agreed -to scho Jule. ree mill Billing ICIIA will perform (he services described in Tasks I. 10 in tine Scope of Services for a lump sum fee of $172,800.00. All pertaining, appiicatlon, and similes' project fees will be paid directly by the Applicant. Pees and expenses will be invoiced monody based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of ilia invoice date, payment will be due within days of the date of ilia invoice. I(:IOnA 'I'PC01©hfarkaingll.'ily ofMeupon arntb \PY I'G- la'I'rnfrm Signal Ildnbilimlinn PraJeenNmvlwrt ntncb Slg�ml Modlficalimuull'ropasal - Henyorl Beach Coa >l Hwy Tralilo SiCnal Ul gad., nlnlnled aJ- -04bla.doc 22 of 28 Page 22 of 28 A&fln"I Snnnr: rr ,1 fnrdr J, 7013 /'rrgr 6of6 Closure If you concur in all the fm'egui ig and Nish to direct us to proceed rvilh the services, please return aluug with the appropriate contract documeatalion. This proposal is valid for sixty (60) days alter the date of this letter. We appreciate the opportunity to provide these services to yml. Please contact nle If you have any questions. Very truly yours, ICIIVff,F?Y -HORN AND ASSOCIATES, INC. Jason Melchor, P.E. Ran Fares, 11,13. Project Manager Senior Vice President K.XORATP'rOt MnrkeanglCity nfNcaporl neaehUN 12- 131'mfllc Signal Rebabililnlioo Projuavelyporl Beach Siglanl ModificnlionsWmpoml - Newparl Bench Conn IMy 3'nlffic Signal Upgmslcs ItIAMed 03 0d.13.doc 23 of 28 Page 23 of 28 U-MlI 3rr r► SC NI UUI.I; OF 131uJN(v' ien'i'FS --24Iof 28 KIML[Y-HORN AND ASSOCIATES, INC. Page Beige 24 of 28 (L III• 1011Wnn l I 1, y4l nndA;, -.0d lon,lnc. 1:1 KI01LEY -IIORN AND ASSOCIATCS, INC. 765 The Glly Odve Saila 200 Otanpe, Cafilamia 10URLY IIATE SCI ED U LE 020606014 <7FFICR SUPPORTSTAFF ............... ............................... .......................570.00 -$ 129.00 DF.SIONER/TECHNICIANIC\DD OPERATOR ...................$ 80.00 - $135.00 ANALYS ..................................................... ..............................$ 85.00 - $ 140.00 PROFESSIONAL ........................................ ............................... S135.00 - $165.00 SENIOR PROFESSIONAL ........................ ............................... $ 180.00 - $260.00 PRINCIPAL ......................... ............................... ........................$235.00 - 5260.00 li \ PF.NS'FS SUDCONSULTANT MARK- UP ............... ............................... 15% C041 P UTERS .................... ............ . ................ I ... I ..................... . $25.011 (Includes computer time used for lechnical analysis mid CADD) OFFICE r.X PF. NSHS .................................. ............................... (Coors direct espcnses, such as in -louse duplicating and hhueprinling, local mileage, telephone calls, elcetmnic massaging, posmge, and nvord processing) 25 of 28 Page 25 of 28 INSURANCT: R'EQUIREIVI iN S, — PROrESSIONAL 9kl='VICES 1.1 Provision of Insurance. Without limiting Consultant's indemnification of City, and prior to commencement of Work, Consultant shall obtain, provide and maintain at Its own expense during the term of this Agreement, policies of Insurance of the type and amounts described below and in a form satisfactory to Clty. Consultant agrees to provide insurance In accordance with requirements set forth here. If Consultant uses existing coverage to comply and that coverage does not meet these requirements, Consultant agrees to amend, supplement or endorse the existing coverage. 1.2 Acceptable Insurers. All insurance policies shall be issued by an Insurance company currently authorized by the Insurance Commissioner to transact business of insurance In the State of California, with an assigned policyholders' Rating of A- (or higher) and financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 1.3 Coverage Requirements. 1.3.1 Workers' Compensation Insurance. Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employer's Liability Insurance with limits of at least one million dollars ($1,000,000) each accident for bodily Injury by accident and each employee for bodily injury by disease In accordance with the laws of the State of California, Section 3700 of the Labor Code. 1.3.1.1 Consultant shall submit to City, along with the certificate of Insurance, a Walver of Subrogatlon endorsement In favor of City, Its .officers, agents, employees and volunteers. 1.3.2 General Liability Insurance. Consultant shall maintain commercial general liability insurance, and if necessary umbrella liability insurance, with coverage at least as broad as provided by Insurance Services Office form CG 00 01, in an amount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,000,000) general aggregate. The policy shall cover liability arising from premises, operations, products - completed operations, personal and advertising injury, and liability assumed under an Insured contract (including the tort liability of another assumed in a business contract) with no endorsement or modificatlon'limiting the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Liability Insurance. Consultant shall maintain automobile Insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily Injury and propeity 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 each accident. 28 KIMLEY -HORN AND ASSOCIATES, INC. Page CF4ge 26 of 28 1.3.4 F!rofcsslonal Liability (Crrorc_t On'risoioru) num..ince. Consultant shall maintain professlonal liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of ono million dollars ($1,000,000) per claim and in the aggregate. Any policy inception date, continuity (late, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.n.1 Waiver of Suurogatton. All Insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, Its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these requirements to waive their right of recovery prior to a loss. Consultant hereby waives Its own right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. 1.4.2 Additional Insured Status. All liability policies including general liability, excess liability, pollution liability, and automobile liability, but not including professional liability, shall provide or be endorsed to provide that City and Its officers, officials, employees, and agents shall be included as Insureds under such policies. 1.4.3 Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall not require contribution from any Insurance or self - insurance maintained by City. 1.4.4 Notice of Cancellation. All policies shall provide 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. 1.5 Additional Agreements Between the Parties. 'rhe parties hereby agree to the following: 1.5.1 Evidence of Insurance. Consultant shall provide certificates of insurance to City as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers' compensation and other endorsements as specified herein for each coverage. Insurance certificates and endorsement must be approved by City's Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. City reserves the right to require complete, certified copies of all required insurance policies, at any time. 1.5.2 City's Right to Revise Requirements. The City reserves the right at any time during the term of the Agreement to change the arnounts and types of Insurance required by giving the Consultant sixty (60) days advance written notice of -- —27-.' 0 28 KIMLEY -HORN AND ASSOCIATES, INC. Page Cp2ge 27 of 28 a,uclr change. II`such rar.angc 1-e5UIt5 In sul.istantlal r:rdditiOW..d Cost to ltua CAneUllant, tho City and Consultant may renegotiate C01131.11tanl's cou-ipensation. 1.5.3 I-nforcement of Agreement 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. 1.5.4 IReguirements not Limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature Is for purposes of clarification only as it pertains to a given issue and is not intended by any party or Insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. 1.5.5 Self - insured Retentions. Any self - Insured retentions must be declared to and approved by City. City reserves the right to require that self - Insured retentions be eliminated, lowered, or replaced by a deductible. Self- InSurance will not be considered to comply with these requirements unless approved by City. 1.5.6 City Remedies for Non Compliance. If Consultant or any subconsultant fails to provide and maintain insurance as required herein, then City shall have the right but not the obligation, to purchase such Insurance, to terminate this agreement, or to suspend Consultant's right to proceed until proper evidence of insurance is provided. Any amounts paid by City shall, at City's sole option, be deducted from amounts payable to Consultant or reimbursed by Consultant upon demand, 1.5.7 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, and that Involve or may involve coverage under any of the required liability policies. 1.5.8 Consultant's Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional idnds of insurance, which in Its own judgment may be necessary for its proper protection and prosecution of the Work. 2 ,V 28 KIMLEY. -HORN AND ASSCCIA'i-Es, INC. Page CF3Be 28 of 28