HomeMy WebLinkAbout14 - Newport Boulevard and 32nd Street Modification - Approval of Amendment (CAP12-0009)CTY OF
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NEWPORT BEACH
City Council Staff Report
June 23, 2015
Agenda Item No. 14
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer
PHONE: (949) 644 -3315
TITLE: Newport Boulevard and 32nd Street Modification — Approval of Amendment No. Two
with VA Consulting, Inc. (CAP12 -0009)
ABSTRACT:
Final design of the Newport Boulevard and 32nd Street Modification project is currently underway.
Additional engineering services are needed to incorporate civil and landscaping design modifications as
shown on the Council approved landscape conceptual plan and as required by the approved California
Coastal Permit.
RECOMMENDATION:
Approve Amendment No. Two with VA Consulting of Irvine, California, for additional engineering services
for the Newport Boulevard and 32nd Street Modification project at a not -to- exceed price of $155,629, and
authorize the Mayor and City Clerk to execute Amendment No. Two.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding to address funding necessary for the approval of
Amendment No. Two. The amount of $155,629 will be expensed to Gas Tax fund account No. 7181 -
C2002048.
DISCUSSION:
The proposed Newport Boulevard widening project has been developed in an effort to increase vehicular
capacity, improve bicycle safety, reduce traffic congestion and improve aesthetics. This roadway widening
project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport
Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and
one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at
32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street.
The intersection at 32nd Street will be modified to improve roadway geometrics. This project also involves
the construction of landscaped medians, parkway trees, street light modifications with upgrades to LEDs,
traffic signal modifications, and signing and pavement striping.
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As a result of the roadway widening and the addition of vehicular and bike lanes, on- street parking along
Newport Boulevard between Via Lido and 30th Street will be eliminated. To replace the on- street parking, a
new public parking lot will be constructed on the former bank property located at the northwest corner of
Newport Boulevard and 32nd Street.
During the design development phase, staff presented several concepts to the City Council and public
which generated the need for revised designs and reviews. Staff presented the final landscape and parking
lot conceptual plan to City Council on November 12, 2014 for approval. The approved conceptual plan
involved designing in accent concrete paving, artistic site furnishing, decorative light poles with banners
and custom seat walls.
This level of additional design development was not included in the approved Professional Services
Agreement (PSA) or Amendment No. One. Amendment No. Two also includes additional design services
for studying geometric options at both 30th Street and Via Lido intersections, preparing separate building
demolition plans, and additional noise monitoring as requested by the public, and incorporating comments
and requirements associated with the necessary Coastal Development permit that was approved on June
11, 2015.
Staff is requesting City Council approval of Amendment No. Two with VA Consulting of Irvine, California to
incorporate the additional engineering services as described above at a not -to- exceed price of $155,629.
This will bring the total design contract amount to $571,302.
ENVIRONMENTAL REVIEW:
The approval of Amendment No. Two with VA Consulting is administrative and is not subject to the
California Environmental Quality Act ( "CEQA "). A project Mitigated Negative Declaration was adopted by
City Council on October 28, 2014.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
ATTACHMENTS:
Description
Attachment A - Location Mao
Attachment B - Amendment No. 2 with VA Consulting
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ATTACHMENT A
PROJECT
LOCATION
FINLEY AVE.
32ND
NEWPORT BLVD AND 32ND ST
MODIFICATION
LOCATION MAP
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -4881 1 06/23/2015
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ATTACHMENT B
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH VA CONSULTING, INC. FOR
NEWPORT BOULEVARD AND 32ND STREET MODIFICATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. Two ") is made and entered into as of this 23rd day of June, 2015
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and VA CONSULTING, INC., a California
corporation ( "Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California
92618, and is made with reference to the following:
RECITALS
A. On June 12, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement') to prepare construction documents for the Newport
Boulevard and 32nd Street modification ('Project').
B. On November 3, 2014, City and Consultant entered into Amendment No. One to
the Agreement ( "Amendment No. One') to reflect additional services not
previously included in the Agreement, to extend the term of the Agreement to
December 31, 2016, and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement, as amended, to increase the total compensation,
and to update insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ( "Services'
or "Work "). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
( "Services" or "Work "). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "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
`EIM
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 Five Hundred
Seventy One Thousand Three Hundred Two Dollars and 00/100 ($571,302.00),
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."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Fifty Five Thousand Six Hundred Twenty Nine Dollars and 001100
($155,629.00).
3. INSURANCE
Section 14 of the Agreement is amended in its entirety and replaced with the
following: "Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
VA Consulting, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY AT O Y'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By'.7 By:
Aaron C. Harp cAm oulwl'f Edward D. Selich
City Attorney Mayor
ATTEST:
Date:
Leilani I. Brown
City Clerk
CONSULTANT: VA Consulting, Inc., a
California corporation
By:
Max P. Vahid, P.E.
President and CEO
Date:
By:
Michael S. Carter
Secretary and CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
VA Consulting, Inc. Page 3
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EXHIBIT A
SCOPE OF SERVICES
VA Consulting, Inc. Page A -1
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EXHIBIT "A"
REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES
FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT
NEWPORT BEACH, CALIFORNIA
AMENDMENT No. 2
SCOPE OF SERVICES
Revisions to Approved Civil Concept Plan and Add'I Studies and Exhibits (VA)
Additional revisions to the previously approved Civil Concept Plan (CCP) were required
due to major revisions to the Landscaping Concept Plan. Revisions to the CCP included
the following:
• Revisions to the Newport Blvd. and 30th Street intersection, which included extending
the new pavement and curb ramp improvements to south of the intersection,
modifying the southwestern curb return, removal of the channelization island adjacent
to the southwestern curb return, and extension of the southbound sidewalk.
• Preparation of multiple geometric options to the parking lot at the northwestern corner
of the Newport Blvd. and 32nd Street.
• Revisions to the bus turnout at the southwestern corner of Newport Blvd. and Short
Street.
• Preparations of multiple geometric layout alternatives at the Via Lido intersection.
In addition to these revisions, the CCP was revised to include more detailed annotation,
so that it could be submitted as part of the Coastal Development Permit application.
This task also includes the preparation of multiple exhibits for City Council and other City
staff, which was not included in the original proposal.
2. Additional Roadway Improvements (VA)
The 50% Improvement Plans and Estimate submittal were made prior t6,,,the CCP
revisions. This task includes revisions to the improvement plans and estimate due to \
these revisions. This task also includes the revisions to the Finley Ave. intersection,
which are now required to accommodate the new hotel at the former City Hall site.;
i
3. Building Demolition Plans (VA)
This task includes the Building Demolition Plans (BDP), which are required by the City's
Building Department. The BDP will include the following sheets: Site,Survey, Site Plan,
Demolition Plan, and Erosion Control Plan. The format for these; plans will be based on
the sample provided by the City. The BDP sheets will'be incorporated in the
Improvement Plans and no separate plans set will be prepared. It is -a sumed that the
City Project Manager will submit and process the BDP through the City's Building
department. Preparation of additional plans other than those listed or substantial effort
in processing the plans through the-:Citys Building'Department will require additional
fees. This task also includes the preparation of additional specifications for the building
demolition. "
l
4. Additional Project Management, Meetings, and Coordination (VA)
The current budget for Project Management, Meetings, and Coordination has been
exhausted due to the extended project duration and additional scope of work. This item
includes approximately 100 additional hours, which should be adequate to complete the
project.
5. Additional Landscaping Concept Design Revisions and Modifications (NUVIS)
Additional Concept Design Revisions and Modifications were based on multiple
variations of one preferred plan. Variations included multiple parking lot design
concepts with plaza and fountains, sculpture and enriched hardscape features, Newport
Blvd. median/ parkway and raised median at 30th St., plaza alternatives at Via Lido, bike
lane and pedestrian crosswalk designs with color alternatives, sidewalk- scoring
alternatives with enriched concrete patterns. Design concept alternatives included
multiple images to better communicate design intent. Median and parkway design
solutions were developed, taking into consideration the Lido Village Design Guidelines
and future hotel site. In addition, NUVIS, as requested by the City, reformatted its
completed Concept Design Sheets to fit with Costal Commission requirements and
standards. Requirements included planting plans with proposed quantities and plant
sizes. Sheets also included detail plant legend with each proposed plant shown as an
image. Sheet reformatting was required so that this additional information could fit
appropriately on the sheet.
Additional Landscaping Construction Documents and Coordination (NUVIS)
Additional PS &Es will be developed from the approved Landscape Concept Plan
submitted on November 12, 2014. Please note that the original scope and fee for this
project was for simple planting and irrigation solution only and not for a signature highly
visible streetscape. The original agreement did not take into consideration, designing
and detailing for enhanced accent concrete areas, light pole and banner selection,
hardscape banding in medians, concept lighting plans, selection of artistic site furniture
such as bike racks, benches, trash receptacles, tree grates, the design of sculpture
pedestals, custom - designed seating walls to match hotel, accent planting at base of
existing Balboa sign, design of mural wall backdrop and = new -rail along canal. The
construction documents will now include these extra items not igina`I`y included in our
scope.
Items not included are sculpture design (City will contract directly with artist) aril mural/
tile mosaic design (City will contract directly with artist).
Due to previous exhaustion of budget allowance for this item NUVIS has included a
$3,000 replenishment allowance towards this task. The allowance will be used towards
meetings between the City and the design team, as well as other Project Design Team
Meeting coordination efforts. NUVIS estimates approximately two (2) additional.
meetings with the City at two (2) hours each plus up to sixteen (16),ad6itionalProje t
Manager level hours of coordination time. NUVIS shall be available for coordination with
the Design Team at agreed upon intervals and times. NUVIS,shall be available to meet
with the Agency staff to discuss landscape architectural - elements: .Additional DTGC
shall be billed at an hourly rate by personnel .cla'ssification in" attendance at the
meeting(s). _
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91
Additional Landscaping Bid and Construction Support Services (NUVIS)
Additional Bid Phase Services: Due to the increased scope of the project, NUVIS has
allotted additional hours to be available to the Agency for interpretation and clarification
of irrigation and planting plans and specifications, submitting information for addenda or
response to RFI's and /or RFC's.
Additional Construction /Field Observation Services: [
project, NUVIS has allotted additional hours to
construction to establish standards of acceptability
NUVIS will visit the site at intervals appropriate to the
progress of the work. NUVIS has allowed for up
Manager time for attendance to meetings /site visits.
sue to the increased scope of the
)erform field observation during
As requested by the Agency,
state of construction to review the
to 8 hours of additional Project
Due to the increased scope of the project, NUVIS has allowed for an additional $2,500
worth of professional hours towards the preparation of the as -built documents.
Additional Street and Parking Lot Lighting Improvements (JMD)
JMD's proposed additional Scope of Services consists of the following:
• As a result of the City reducing the number of street lights in the median, JMD will
revise the current layout based on these revisions. A revised photometric study is not
included. JMD will also coordinate the type of street light pole and fixture with the
landscape architect, NUVIS.
• Prepare lighting design for the proposed up- lights on the palm trees within the
parkways per the latest Landscaping Concept Plan.
• Prepare lighting design for the proposed up- lights within the parking lot.
• Prepare lighting design stub -out to accommodate the future artwork/sculpture area.
• A new electrical service cabinet is now proposed for the street/up- lighting and
irrigation controller within the parking lot.
Additional Research /Data Collection /SCE Coordination
Additional field reviews for the project are anticipated to consist of the following.
• The project site will be field inventoried to determine existing and proposed locations
for the new up- lighting conduit, equipment, right -of -way, sidewalk and miscellaneous
topographic features.
• Recommended additions or deletions to the project will be developed .a} this time. A�
recommendation will be made regarding improvements necessary" to acheve'the
City's objectives, including coordination with the landscape architect (NUVI ).�
i
• JMD will provide field base mapping and utility clarifications during field reviews.
Existing and proposed utilities obtained from.VA- Consulting..(VA) will be shown on the
plans.
• JMD will identify existing underground -and overhead utility lines that may interfere
with the location of up- lighting system. For electrical services, JMD will coordinate
with -the-South-ern - California Edison Company (SCE) for new or modification to
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a
existing service cabinet(s) to accommodate the relocation of SCE service point
connections for the existing motorized storm drain control valve and traffic signal at
Newport Blvd /32nd Street. This task includes completing SCE application /permit
forms for City approval.
Revised /Additional Street and Parking Lot Plans
JMD will prepare one (1) detailed lighting plan in AutoCAD 2011 or later file format at a
scale of V =40' using a VA Consulting - provided title block. The plans will address the
following proposed conditions:
• A new city -owned street lighting system installed within the median islands of
Newport Boulevard between Via Lido and 301" Street. The design will include the
revised pole locations as revised by the City.
• After reviewing the City's street lighting circuit maps, we have determined there are
up to three (3) existing circuits affected by the proposed improvements. Thus, JMD
will include the modifications to maintain the existing street lighting circuits.
• A new city -owned up- lighting system for the proposed palm trees within the parkways
and parking lot. A total of thirty -five (35) palm trees are proposed within the parkways
and ten (10) palm trees are proposed within the parking lot. JMD will include the up-
lighting details within the detail sheet of the original scope of work. This sheet will
identify pertinent up- lighting details for the project.
• The street/up-lighting service cabinet will also accommodate a lighting connection for
a future artwork/sculpture area within the parking lot.
The updated street lighting layout is based on the City's sketch, dated October 24, 2014,
of proposed light pole locations. The types of poles and fixtures will be coordinated with
NUVIS. In addition, the parking lot lighting task is included in our original scope of work.
The removal of the existing SCE vault within the parking lot will result in a new service
feed point. JMD will coordinate with SCE to determine the new service feed point for the
storm drain valve, traffic signal, and street/up-lighting service - cabinet` The location of
the new service feed point will be shown on this plan and referenced-to other,she`ets.
Additional Voltage Drop Calculations for Up- Lighting Improvements
To ensure the correct conductor sizing, JMD will prepare voltage drop calculations for
the up- lighting improvements. The calculations will be prepared in an Excel
spreadsheet format.
Based on the National Electrical Code (NEC), the maximum recommended voltage drop
for a combination of both branch circuit and feeder circuit should not exceed 5 %. This
methodology has been successfully utilized in previous projects with the City of Newport
Beach and will continue with this project unless the City determines a' different value-.
Additional Electrical Engineering Post - Design Support (JMD)
JMD will provide additional post- design support which includes the following tasks:
J,
• The review of up- lighting . shop' "drawings mill -include up to two (2) working drawing
submittals, construction contractor's submittal for substitutions, contractor's
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alternative construction approval and other submittals, as requested by the City
during construction.
Review /respond up to two (2) Contractor's up- lighting RFI's /RFC's.
a Prepare up- lighting "as- built' drawings following construction completion.
10. Additional Noise Monitoring (Chambers)
Task 10.1: Pre - Construction Noise Measurements
This task shall include the following:
Prior to start of construction activities two Extech Model 407780 sound level meters
(same noise meters used in Noise Impact Analysis Newport Boulevard and 32nd
Street Modification Project, June 20, 2014) will be utilized to obtain one 24 -hour noise
measurements at the middle of the fence on the eastern edge of the waterway and a
backup 24 -hour noise measurement located southern corner of the waterway
adjacent to the proposed parking lot to be improved.
® A technical noise letter documenting the results of the pre- construction noise
measurements will be prepared.
Task 10.2: Post- Construction Noise Measurements
This task shall include the following:
After completion of construction activities two Extech Model 407780 sound level
meters will be utilized to obtain two 24 -hour noise measurements at the same two
locations utilized in the pre- construction noise measurements. The calendar date for
the post- construction noise measurement will be selected in a manner that will
ensure similar traffic conditions would occur as under the pre- construction noise
measurement. For example, if the pre- construction noise measurement is taken on a
Wednesday in August 2015, the post - project measurement will be taken on a
Wednesday in August 2016. The actual dates for pre --and -post- construction noise
measurements will be determined at a later date. `
Prepare a table that shows the results of the pre- construction and post- donstructio6�
noise measurements.`.
Compare the noise measurement results with Policy N1.8 of the General Plan details
the noise increases allowed from a project before a significant impact wouldloccur,
which consists of a 3 dBA increase, where the ambient noise is 55 dBA ,CNEL or i
less, a 2 dBA CNEL increase, where the ambient noise is between 55 and 60 dBA
CNEL, a 1 dBA CNEL increase, where the ambient noise is between 60 and 70 dBA"
CNEL, and any increase, where the ambient noise exceeds 75 dBA CNEL.
Update the previously prepared technical noise letter -to 'incorporate the post -
construction noise measurements and provides a- comparison to-the City Noise
Standards.
Assumptions =
Response to Comments: The proposed fee includes the review of one set of
governmental agency comments, whether verbal or written, and revision of the two
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letters (if necessary). If responses are required for additional governmental agency
comments, the responses and revision of the letters will be billed on a time - and - material
basis.
Attendance at Meetings: The proposed fee does not include attendance at public
hearings /meetings, which may be required to secure approval of the project. If these
are required and requested, attendance at meetings or hearings will be billed on a time -
and- material basis.
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EXHIBIT B
SCHEDULE OF BILLING RATES
VA Consulting, Inc. Page B -1
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EXHIBIT "B"
REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES
FOR NEWPORT BLVD. AND 32ND STREET ROADWAY IMPROVEMENTS PROJECT
NEWPORT BEACH, CALIFORNIA
AMENDMENT No. 2
FEE ESTIMATE
1. Revisions to Approved Civil Concept Plan and Add'I Studies and Exhibits (VA) ....... $ 18,180
2.
Additional Roadway Improvements (VA) ................................... ..............................$
8,442
3.
Building Demolition Plans (VA) ................................................. ...............................
$
7,032
4.
Additional Project Management, Meetings, and Coordination (VA) ..........................$
14,400
5.
Additional Landscaping Concept Design Revisions and Modifications (NUVIS) ........
$
9,860
6.
Additional Landscaping Construction Documents and Coordination (NUVIS) ..........$
78,663
7.
Additional Landscaping Bid and Construction Support Services (NUVIS) ................
$
3,300
8.
Additional Street and Parking Lot Lighting Improvements (JMD) .............................$
11,834
9.
Additional Electrical Engineering Post - Design Support (JMD) .. ...............................
$
553
10.
Additional Noise Monitoring ( Chambers) .................................... ..............................$
2,500
11.
Additional Reimbursables ........................................................... ..............................$
865
TOTALFEE ESTIMATE .......................................... ............................... .......................$155,629
FERF&I
i`
FERF&I
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit each accident.
VA Consulting, Inc. Page C -1
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D. Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services
to be performed in connection with this Agreement, in the minimum
amount of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the Effective Date of
this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years after completion of
the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required,
but not including professional liability, shall provide or be endorsed to
provide that City and its officers, officials, employees, and agents shall
be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self- insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved
by City's Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with City at all
times during the term of this Agreement. City reserves the right to
VA Consulting, Inc. Page C -2
14 -17
require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and
types of insurance required by giving Consultant sixty (60) calendar
days advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to
be all inclusive, or to the exclusion of other coverage, or a waiver of
any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for
higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
E. Self- insured Retentions. Any self- insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self- insurance will not be considered to comply with these
requirements unless approved by City.
F. City Remedies for Non - Compliance. If Consultant or any
subconsultant fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to purchase
such insurance, to terminate this Agreement, or to suspend
Consultant's right to proceed until proper evidence of insurance is
provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by
Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
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not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and
prosecution of the Work.
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