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HomeMy WebLinkAboutC-5418 - Design PSA for East Coast Highway Rehabilitation Designf AMENDMENT NO. ONE TO DESIGN PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR Q:i EAST COAST HIGHWAY SIGNAL REHABILITATION DESIGN THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGREEMENT ( "Amendment No. One ") is made and entered into as of this 22nd day of July, 2013 ( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California municipal corporation and charter city ( "City "), and KIMLEY -HORN AND ASSOCIATES, INC., a North Carolina corporation ( "Consultant "), whose address is 765 The City Drive, Suite 200, Orange, CA 92868, and is made with reference to the following: RECITALS A. On April 9, 2013, City and Consultant entered into a Professional Services Agreement ( "Agreement ") to prepare traffic signal modification plans as part of the East Coast Highway Signal Rehabilitation ( "Project "). B. City desires to enter into this Amendment No. One to reflect additional Services not included in the Agreement, to extend the term of the Agreement and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. 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 dated June 12, 2013, attached hereto as Exhibit A and incorporated herein by reference ( "Services" or "Work"). Exhibit A of the Agreement and Exhibit A of Amendment No. One 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 of the Agreement and Exhibit B of Amendment No. One 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 flat rate not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Thirty Four Thousand Six Hundred Dollars and 00/100 ($134,600.00), 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. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Nine Thousand Eight Hundred Dollars and 00/100 ($9,800.00). 3. 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] Kimley -Horn and Associates, Inc. Page 2 IN WITNESS WHEREOF, the parties have caused this Amendment No. One to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: -7—/ I / / 3 Aaron C. Harp City Attorney ATTEST: Date: % �. i� By: ' Leilani I. Brown City Clerk �..® CITY OF NEWPORT BEACH, a California municipal corporation Date: ' t -At j� By: Dave Kff City Manager CONSULTANT: Kimley-Horn and Associates, Inc., a North Carolina corporation t Date: `7 I it, 11.3 By: at Serine Ciandella Vice President Date: "7/1C l3 Jason Melchor, P.E. Associate [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Kimley-Horn and Associates, Inc. Page 3 EXHIBIT A SCOPE OF SERVICES Kimley -Horn and Associates, Inc. Page A -1 Exhibit A to Amendment Number 1, dated June 12, 2013. Consultant shall perform the following Additional Services: Task I —Field Surveying and Base Map Preparation ICFIA staff will perform a field review of observable conditions. KHA will make field notes for the preparation of a traffic signal modification plan, consisting of street geometries, lane configurations and widths, digital photographs and inventory and location of existing facilities that may impact placement of traffic signal equipment and conduit runs. WE) will create base mapping for the intersection from existing record drawings provided by the City. Compile the field observation information into a CAD plan to supplement the available mapping. Taste 2 — Traffic Signal Modification Plans KHA will prepare traffic signal modification design plans for the intersection of Coast Highway at MacArthur Boulevard. The signal modification design plans will be prepared in accordance with current City of Newport Beach and Caltrans standards. The traffic signal modification plan will be prepared at 20 scale (1"-20') using AutoCAD 2010 version drafting software on one 24" x 36 ", full -size sheet. Modification of safety lighting on traffic signal poles, including luminaires and mast arms, to decorative styles will be shown on the traffic signal modification plans. Separate street lighting plans to modify roadway street lights beyond the intersection are not included as part of this task. Deliverables (1 aheetl: 1" Submittal - 75% Design Plans 2i' Submittal — 90% Design Plans Final Submittal - -100% Design Plans Task3 - Opinion gfProbable Construction Cost KHA will prepare Opinion of Probable Construction Cost estimates for the design plan. De i e ables: 1" Submittal - 90% Design Plans Final Submittal —100% Design Plans Task 4 - Specifications YMA will prepare project specifications for the design plans. KFiA wilt modify the City of Newport Beach traffic signal boiler plate specifications to match the proposed work for this project. K 010 TPTQ,044646044 - 6 Coost Hwy Sigaa} RehaGiEitztkmtlConknci & Bi m_i %Addtkc n! Semcea RegmSt - E Coast Hicy Sip al Rehabilitxion.dcc Deliverables: l°` Submittal - 90% Design Plans Final Submittal — 100% Design Plans Task S — Record Drawings IMA will prepare a record drawing for the signal modification design plan using the red -line field markup prepared by the Contractor. K:\ORA TPTO \094646004 -E Coast Hwy Signn] RchabilitationTantract & Aiilings`Adddanal Services Request - E Coast Hwy Signal ReMbilitaumdoc EXHIBIT B SCHEDULE OF BILLING RATES Compensation for the additional Services as set forth on the Scope of Services dated June 12, 2013 shall be billed at a flat rate of $9,800. Kimley -Horn and Associates, Inc. Page B -1 DESIGN PROFESSIONAL SERVICES AGREEMENT WITH KIMLEY -HORN AND ASSOCIATES, INC. FOR EAST COAST HIGHWAY SIGNAL REHABILITATION DESIGN THIS AGREEMENT FOR PROFESSIONA RVICES ("Agreement") is made and entered into as of this day of , L2013 ( "Effective Date ") by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City "), and KIMLEY -HORN AND ASSOCIATES, INC., a North Carolina corporation ( "Consultant "), whose address is 765 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. B. 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 the undersigned parties as follows: tf T-JR, The term of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 2014 unless terminated earlier as set forth herein. 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. • •- 3.1 Time is of the essence in the performance of Services under this Agreement and Consultant shall perform the Services in accordance with the schedule included in Exhibit A. 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. 3.1.1 Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the Services to be provided for the Project, each party hereby agrees to provide notice within two (2) days 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 days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.3 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 mail. 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 B and incorporated herein by reference. Consultant's compensation for all Work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed One Hundred Twenty Four Thousand, Eight Hundred Dollars and 001100 ($124,800.00) 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 costs or expenses specifically identified in Exhibit B to this Agreement, or specifically approved in writing in advance by City. KIMILEY -HORN AND ASSOCIATES, INC. Page 2 4.4 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. _s 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 Jason Melchor 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. 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. Page 3 7.1 .3 Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 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 performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 83 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 performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise under this 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. Page 4 Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. 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 periods as specified in this Agreement, policies of KIMLEY -HORN AND ASSOCIATES, INC. Page 5 insurance of the type, amounts, terms and conditions described in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by reference. Except as specifically authorized under this Agreement, the Services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint-venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint - venture. r • 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. 17. 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 property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. 17.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived KIMI-EY -HORN AND ASSOCIATES, INC. Page 6 against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 17.3 All improvement and /or construction plans shall be prepared with indelible waterproof ink or electrostaticly plotted on standard twenty -four inch (24") by thirty -six inch (36 ") Mylar with a minimum thickness of three (3) mils. Consultant shall provide to City `As- Built' drawings and a copy of digital Computer Aided Design and Drafting ( "CADD ") and Tagged Image File Format (.tiff) files of all final sheets within ninety (90) days after finalization of the Project. For more detailed requirements, a copy of the City of Newport Beach Standard Design Requirements is available from the City's Public Works Department. 18, COMPUTER DELIVERABLES CADD data delivered to City shall include the professional stamp of the engineer or architect in charge of or responsible for the Work. City agrees that Consultant shall not be liable for claims, liabilities or losses arising out of, or connected with (a) the modification or misuse by City, or anyone authorized by City, of CADD data; (b) the decline of accuracy or readability of CADD data due to inappropriate storage conditions or duration; or (c) any use by City, or anyone authorized by City, of CADD data for additions to this Project, for the completion of this Project by others, or for any other Project, excepting only such use as is authorized, in writing, by Consultant. By acceptance of CADD data, City agrees to indemnify Consultant for damages and liability resulting from the modification or misuse of such CADD data. All original drawings shall be submitted to City in the version of AutoCAD used by the City in .dwg file format, on a CD, and should comply with the City's digital submission requirements for improvement plans available from the City's Public Works Department. The City will provide Consultant with City title sheets as AutoCAD file(s) in .dwg file format. All written documents shall be transmitted to City in formats compatible with Microsoft Office and /or viewable with Adobe Acrobat. 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. Page 7 The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement or alleged infringement of any United States' letters patent, trademark, or copyright, including costs, contained in Consultant's Documents provided under this Agreement. 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. Consultant shall allow inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23, WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue Work as a result of such withholding. Consultant shall have an immediate right to appeal to the City Manager or his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 24. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the Work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this Section is intended to limit City's rights under the law or any other sections of this Agreement. 25. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. KIMLEY -HORN AND ASSOCIATES, INC. Page 8 26. CONFLICTS OF INTEREST 26.1 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 4II 001111[ 27.1 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first - class mail, addressed as hereinafter provided. 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 92658 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 1768 Newport Beach, CA 92658 Phone: 949 - 644 -3311 Fax: 949 - 644 -3318 KIMLEY -HORN AND ASSOCIATES, INC. Page 9 27.2 All notices, demands, requests or approvals from City to Consultant shall be addressed to Consultant at: Attn: Jason Melchor, P.E. KIMLEY -HORN AND ASSOCIATES, INC. 765 The City Drive, Suite 200 Orange, CA 92868 Phone: 714 -939 -1030 Fax: 714- 938 -9488 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 et seq.). l s • i, 29.1 In the event that either party falls or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. if such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. 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 days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. KIMLEY -HORN AND ASSOCIATES, INC. _ Page 10 30.1 Compliance with all Laws. Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 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 inconsistencies 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 or 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. Page 11 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: 3,41 d 113 i By: � C Aaron C. Harp City Attorney CITY OF NEWPORT BEACH, A California municipal corporation Date: By: �� Keith D. Curry Mayor ATTEST: CONSULTANT: KIMLEY-HORN AND Date: ASSOCIATES, INC., a North Carolina corporation Date: o5 / o 13 By: By: Leilani I. Brown Serine Ciandella City Clerk Senior Vice President �. Date: ds�nc�/13 ( By: lam°` c = Jason Melchor � Associate [END OF SIGNATURES] Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Exhibit C — Insurance Requirements KIMLEY-HORN AND ASSOCIATES, INC. Page 12 EXHIBIT A SCOPE OF SERVICES KIMLEY -HORN AND ASSOCIATES, INC. Page A -1 Kimiey -Horn A ol and Associates, Inc. M March 4, 2013 suite 200 765 The City Drive Orange, California By email 92868 Mr, Brad Sommers Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA 92663 Re: Proposal for Coast Highway Traffic Signal Upgrades Dear Mr. Sommers: Kimley -Horn and Associates, hie, (KHA) is pleased to submit this proposal to the City of Newport Beach to prepare traffic signal modification plans as part of the Coast Highway Traffic Signal Upgrades. We propose the following Scope of Services: Project Understanding The City of Newport Bach is upgrading the traffic signal equipment at eight intersections along Coast Highway to current City standards. Signal improvements at selected intersections will include new cabinets, controllers, signal heads, signal poles, mast arms, conduit crossings, and rewiring. We understand the City is targeting the end of July 2013 for a complete bid package in order to begin construction at the start of September 2013. Based from previous discussion and information provided by City staff, we propose the following Scope of Services: Scope of Services KHA will provide the services specifically set forth below. Task I —Field Surveying and Base Map Preparation KHA staff will perform a, field review of observable conditions. KHA will make field notes for the preparation of traffic signal modification plans, consisting of street geometries, lane configurations and widths, digital photographs and inventory and location of existing facilities that may impact placement of traffic signal equipment and conduit runs. We will create base mapping for each intersection from existing record drawings provided by the City. Recover the existing horizontal and vertical control covering the northwest corner of Coast TEL 714 939 1030 FAX 714 938 9438 Mr. Brad Sommers Adarch 4, 2013 Page 2 of d Highway and Avocado Avenue, Establish on -site survey control stations and project Bench Marks. Perform a topographic survey of the existing pork chop island at the northwest corner of Coast Highway and Avocado Avenue, including the northwest curb from the start of right -turn pocket to 50' beyond the end of curb return along Coast Highway, Compile the topographic and field observation information into a CAD plan to supplement the available mapping. Task 2 — Traffic Signal Moc4leation Plans KHA will prepare traffic signal modification design plans for the eight intersections listed below: • Coast Highway at Irvine Terrace ➢ New NEMA P controller cabinet, ASC /3 -2100 controller, and location ➢ Modify west leg median nose • Coast Highway at Newport Center Drive ➢ New NEMA P controller cabinet, ASC /3 -2100 controller, and location • Coast Highway at Avocado Avenue • New NEMA P controller cabinet and ASC /3 -2100 controller • Modify NW corner pork chop median (To be provided on separate detail sheet) • Revise striping along north leg of Avocado Avenue up to 300' from back of crosswalk. (Separate signing and striping sheet) • Coast Highway at Goldenrod Avenue • New CCTV camera at southeast corner • Modify median nose, east leg of Coast Highway • Coast Highway at Poppy Avenue ➢ New NEMA 0 controller cabinet, ASC /3 -2100 controller, and location New CCTV camera at northwest corner • Coast Highway at Morning Canyon Road ➢ New NEMA P controller cabinet and ASC /3 -2100 controller ➢ Modify median nose, east and west legs of Coast highway ➢ Modify southwest curb ramp • Coast Highway at Cameo Highlands /Cameo Shores ➢ New NEMA P controller cabinet, ASC /3 -2100 controller, and location ➢ Modify median nose, east and west legs of Coast Highway • Coast Highway at Pelican Point Drive New NEMA P controller cabinet and ASC /3 -2100 controller The signal modification design plans will be prepared in accordance with current City of Newport Beach and Caltrans standards. The traffic signal modification plans will be prepared at 20 scale KAORA TPTO\@Marketing \City of Newport Beach \FY 12 -13 Traffic Signal Rehabilitation Proiect\Newport Beach Signal Modifications \Proposal - Newport Beach Coast Hwy Traffic Signal Upgrades_ updated 03A4 -11doc Mr. Brad Sommers March 4, 2013 Page 3 of 6 (1 " =20') using AutoCAD 2010 version drafting software on 24" x 36 ", full -size sheets. We anticipate coordination with Southern California Edison regarding service at the four locations where the controller cabinet relocations are proposed. Median nose modifications will be included as part of the traffic signal plans. Fiber optic re- routing the four controller cabinet relocations will also be shown on the traffic signal plans. Modification of safety lighting on traffic signal poles, including luminaires and mast anus, to decorative styles will be shown on the traffic signal modification plans. Separate street lighting plans to modify roadway street lights beyond the intersection are not included as part of this task. KRA will prepare a separate detail sheet to show the modification of the pork chop median at the northwest corner of Coast Highway and Avocado Avenue to allow for dual left-turn lanes and one through lane for the southbound approach. KHA will prepare a separate title sheet for the project. We have budgeted four (4) hours per submittal to address minor clarification comments from the City and provide disposition. Deliverables (10 sheets totall; I" Submittal - 75% Design Plans 2 "d Submittal — 90% Design Plaits Final Submittal — 100% Design Plans Task 3 — Signing and Striping Plans KHA will prepare a signing and striping plan for the north leg of Coast Highway and Avocado Avenue up to 300' from the back of crosswalk and for the crosswalk improvements at the intersection of Coast Highway and Morning Canyon Road. The signing and striping plans will be prepared in accordance with current City of Newport Beach and Caltrans standards and will be prepared at 40 scale (1 " -=40') using AutoCAD 2010 version {hafting software on 24"x 36 ", full - size sheets. Deliverables fl sheet I" Submittal - 75% Design Plans 2" d Submittal — 90% Design Plans Final Submittal — 100% Design Plans Task 4— Street Lighting Photometries KHA will analyze the street light photometrics at eight signal locations in the City. KHA will use the AG132 lighting software to determine the average foot - candle (fc) and uniformity levels at the intersections. Photometric illuminance lighting levels will follow either the Illuminating Engineering Society of North America (IESNA) Roadway Lighting RP -8 -00 standards or the American Association of State Highways and Transportation Officials (AASHTO) Roaduuxy Lighting Design Guide. The photometric analysis will be presented on 24" x 36 ", full -size sheets with two intersections shown per sheet. K: \ORA_TPTM@Marketing \City of Newport Baaeh \FY 12 -13 Traffic Signal Rehabilitation Projecuflewport Beach Signal Modifications \Proposal - Newport Beach Coast Hwy Traffic Signal Upgrades—updated 0:3- 04- 13.doc Mr.Brad Sommers March 4, 2013 Page 4 of 6 Deliverables (4 sheets total): 1'` Submittal - 75% Design Plans 2 "d Submittal — 90% Design Plans Final Submittal — 100% Design Plans Task 5 - Opinion of Probable Construction Cost KHA will prepare Opinion of Probable Construction Cost estimates for the design plans. Deliverables: I" Submittal - 90% Design Plans Final Submittal— 100% Design Plans Task 6 - Specifications KHA will prepare project specifications for the design plans. KHA will modify the City of Newport Beach traffic signal boiler plate specifications to match the proposed work for this project. Deliverables: 1" Submittal - 90% Design Plans Final Submittal — 100% Design Plans Task 7 — Crosswalk Removal Study KHA will prepare a crosswalk removal evaluation for the crossing at the west leg of Coast Highway and Morning Canyon Road. Pedestrian volume counts will be collected at the study intersection. A separate field evaluation consisting of digital pictures and observations is required to document existing conditions and will be included in the report. Deliverables: 1" Submittal - 90% Design Plans Final Submittal — 100% Design Plans Task 8 — Meetings KHA will attend up to four (4) meetings with City staff during the course of this project. The meetings could include discussion on project status and design submittals, or to present issues /findings. Task 9 — Construction Support KHA will budget up to ten (10) hours to assist the City with construction support, which includes providing responses to Contractor RFI's and review of material submittals. K\ORA_TPTO \ @Marketing\Chy of Newport Beach \FY 12 -13 Traffic Signal Rehabilitation Projeet\Newport Beach Signal Modi ications \Proposal -Newport Beach Coast Efwy Tmffic Signal Upgrades_ updated 03- 04- 13.doc MY.Brad Sonvners March 4, 2013 Page S of 6 Task 10 —Record Drawings KIiA will prepare record drawings for the eight signal modification design plans and one signing and striping plan using the red -line field markup prepared by the Contractor. Additional Services Any services not specifically provided for in the services and can be performed at our then current provide include, but are not limited to, the following: • Street lighting plans (Roadway) • Signing and striping plans • Signal interconnect plans • Fiber optic plans • Traffic control plans above scope will be considered additional hourly rates. Additional services we can • Project team meetings • 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 the Client or the Client's consultants or representatives. The Client shall provide all information requested by KHA during the project, including but not limited to the following: Traffic signal, signing and striping, fiber optic, and street improvement plan record drawings. Traffic signal specifications boiler plate Schedule We will provide our services as expeditiously as practicable with the goal of meeting a mutually agreed -to schedule. Fee and Billing KRA will perform the services described in Tasks 1- 10 in the Scope of Services for a lump sum fee of $124,800.00. All permitting, application, and similar project fees will be paid directly by the Applicant. Fees and expenses will be invoiced monthly based, as applicable, upon the percentage of services completed or actual services performed and expenses incurred as of the invoice date. Payment will be due within2 i days of the date of the invoice. K\ORA_TPTO\ ®Marketing \City or Newport Beach \FY 12 -13 Traffic Signal Rehabilitation Project \Newport Beach Signal Modifications \Proposal - Newport Beach Coast Hwy Traffic Signal Upgrades_ updated 03- 04- 13.doe -Mr. Brad Sommers March 4, 2013 Page 6 of 6 Closure If you concur in all the foregoing and wish to direct us to proceed with the services, please return along with the appropriate contract documentation. This proposal is valid for sixty (60) days after the date of this letter. We appreciate the opportunity to provide these services to you. PIease contact me if you have any questions. Very truly yours, KIMLE�Y -HORN AND ASSOCIATES, INC.r Jason Melchor, P.E. Jean Fares, P.E. Project Manager Senior Vice President K. \ORA TPTO\ @Marketing \City of Newport Beach\FY 12 -13 Traffic Signal Rehabilitation Project\Newport Beach Signal Modifications \Proposal - Newport Beach Coast l lwy Traffic Signal Upgrades updated 03-04-13 doe i MA KIMLEY -HORN AND ASSOCIATES, INC. Page B -1 CA _ Kim rn (ey -Ho and Assiciciates, Inc. KIMLEY -HORN AND ASSOCIATES, INC. HOURLY RATE SCHEDULE FFICE SUPPORT STAFF..,,,., ....... .......... .............. -- ....... -- ...... ...... $ 70.00 - $ 129.00 DESIGNER/TECHNICIAN /CADD OPERATOR ...................$ WOO - $135.00 ANALYST...... .... ... -- ..............................$ 85.00 - $140.00 PROFESSIONAL_ ................................... ..........._.........._......_. $135.00 - $165.00 SENIOR PROFESSIONAL ............................... ........................$180.00 - $260.00 PRINCIPAL................................................. ............................... $235.00 - $260.00 EXPENSES SUBCONSULTANT M ARK- UP .................. ............................15% COMPUTERS..... ...... .. ........... ......... ........... ................._............. $25.00 (Includes computer time used for technical analysis and CADD) OFFICE EXPENSES .................................. ............................... 6.15% (Covers direct expenses, such as in -house duplicating and blueprinting, local mileage, telephone calls, electronic messaging, postage, and word processing) 765 The City Drive Suite 200 Orange, California 92868 -6914 EXHIBIT C 1. INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES 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 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. 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 Vll (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. 13 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 Waiver of Subrogation 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 modification 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 property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit each accident. KIMLEY -HORN AND ASSOCIATES, INC. Page C -1 1.3.4 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 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. 1.4 Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following provisions: 1.4.1 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. 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. The 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 amounts and types of insurance required by giving the Consultant sixty (60) days advance written notice of KIMLEY -HORN AND ASSOCIATES, INC. Page C -2 such change. If such change results in substantial additional cost to the Consultant, the City and Consultant may renegotiate Consultant's compensation. 1.5.3 Enforcement 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 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. 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 kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Work. KIMLEY -HORN AND ASSOCIATES, INC. Page C -3 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM- Public Works Department David A. Webb, Public Works Director 949- 644 -3311, dawebb new ortbeachca ov PREPARED BY. Bryan Loo, Junilor Engineer 940-644-3324, blooOnewportbeacho'no APPROVED: 0- TITLE: Approval of Professional Services Agreement with Kimsey -Horn and Associates, Inc., for East Coast Highway Traffic Signal Rehabilitation Project Design ASST ACT: 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 Kimsey-Hom and Associates, Inc. (Kimsey -Hom), 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. UNQINC REQUIREIWgNTS: The current adopted budget includes sufficient funding for engineering services within the PCH Relinquishment Fund account, 7264 - 03002019. 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 Caitrans traffic signals that were in various states of disrepair. in 2008, the City retrofitted the traffic signals with modem 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 -Hom 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 - operates/ 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 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 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 Mara 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 can similar protects, and availability. Through the qualification -based selection process, staff ranked the traffic signal design consultants: 1. Hartzog & Grabiti, Inc. 2. Kimley -Hom and Associates, Inc. 3. Albert Grover & Associates 4. RBF Consulting , Wildan Engineering 6, Austin -Foust Associates, Inc. Page 2 of 28 Approval of P ofessionrt Servicwi Agreement with Kimley -1 °tom and Associates, Inc., for East Coast Highway Traffic Signal Rehabilitation Project Design April 00, 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. ENVIftC3 ME ITAL k Ei10EUU: 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. NQ ICING: 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, /\ avid A. Webb Director of Public Works Attachments: A. Gocratlon Map B. Professional Services Agreement and Scope of Services Page 3 of 28 4 ., :,.. ...� �:,_ R i At i A I Will:i?ft I3 Itt :1I0N FIROFF'OkAt)NA[. £fI RVf[ W1AGNF'FM'N) W1441 KlIVIL.EY41CtRN ANY) 1 gUOGt11T S, INC. FOR EAS`I` COAST HIGHWAY =f;IGNJifr'i" 12HAt311wt A7i1ON DESIGN THIS AOREE-MENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this day of March, 2013 (0177ective Date ") by and between the CI`fY OF NEWPORT BEACH, a California Municipal Corporation and charter city ( "City"), and KIMLt4Y HORN AND ASSCCIAI'LS, INC., a North Carolina corporation ( „Gonsultant "), whose address Is 766 The City Drive, Orange, California 92.868 and is made with reference to the following; RECITALS A. City Is a'municipal corporation duty organized and validly existing under the laws of the State of California with the tower to catty on Its business as It Is now being conducted under the statutes of the State of California and the Charter of City. 8 City desires to engage Consultant to prepare traffic signal modification plans as part of the Cast Coast Highway Signal Rehabilitation C Pro)eot ") C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the professional services described In this Agreement. D. The p6nolpal member of Consultant for purposes of Project shall be Jason Melchor, P.C. E, City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the experiise of Consultant, and desires to, retain Consultant to render professional services under the terms and conditions set forth In this Agreement. NOW, THEREFORE, It Is mutually agreed by and between the undersigned parties as follows: i. TERM The town of this Agreement shall commence on the Effective Date, and shall terminate on June 30, 20,14 unless terminated 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 [file 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 ( "Servioear or "Worft ). The City may elect to delete certain services within the Scope of Services at its sole discretion. 5 of 28 Page 5 of 28 3. ' 11fVtl;crV @"IsRFtata'lytt!WG 3.1 Time Is of the assance In de performanca of Services uncler this Agreement aril Consultant shall perform the Services In accordance with thca schedule Included In Exhibit A. In the absence of a specific schedule, the Services shall be performed to completion I 4.4 kkinssalbirtt iliall not recotwi arryminponrtatlon Int t �Xlrn worts peliounud will out tho prior writtcrn authorization of 011y. A.= usasal dtorein, "extra Work" tnean . fury Worit that is determined by City to be necessary for the proper completion of tho Project, hart whlolt Is not Included within the Scope of Services and which the partles did not reasonably anticipate would be necessary at the execution of this Agreement, Compensation for any authorlmd Extra Work shall be paid In accordance with the Schedule of Billing Rates as set forth hi i °xhlblt U. U. PROJECTUANAGER 51 Consultant of the Project. T turfing the Agrm rrdor written consent a respect to the removal to a Project Manager, who shall coordinate all eager shall be available to City at all reasonable tsultant has designated (tract Sommers to be its remove or reassign the Project Manager or any my now or replacement personnel to the Project Ky. City's approval shall not be unreasonably assignment of non -dtey 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 Cty. Consultant warrants that It will continuously fumish the necessary personnel to complete the Project on a timely basts as contemplated by this Agreement. 53 If Consultant Is perfonrring Inspection services for City, the Project Manager and any other assigned stab` shall be equipped with a cellular phone to communicate with City staff. TYte Project Manager's cellular phone number- shall be provided to the City. 0. AI)MtNISTRA*flON This Agreement will be administered by the Public Works Department. Brad Sommers, Senior Civil Engineer, shrill be the Project Adminl&ator 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 €A To assist Consultant in the execution of Its responsibilities under this Agreement, City agrees tee, where applicable: 71,1 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. AD other reproduction will be the responsibility of Consultant: KIMLEY- l-iORN AND ASSOCIATES, INC, page7,30f 28 Page 7 of 28 7A.3 i *rovido orairle life of ladlitks (-dt tia and inr "ounaallon Willi rogard ; to new brcillties or facttilles to he rehabilitated. a. I) l ANI tA€ D cif= CARE. 8.1 All of the Services shalt bo performed by Consultant or under Consultant's supervision. Consultant represents that It possesses the professional and technical persormal required to perform the Services required by this Agreement, and that R will perform all Services In a manner commensurate with the highest professional standards, f=or 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 performed by qualified and experienced personnel who are not employed by City. By delivery of completed Work, Consultant certifies that the Worts conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the highest professional standard. 8.3 Consultant represents and wan -ants to City that It has, shall obtain, and shall keep In full force and effect during the term hereof, at Its sole cost and expanse, 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, lookouts, accidents, acts of God, or the failure of City to furnish timely Information or to approve or disapprove Consultant's Work promptly, or delay or faulty performance by City, . contractors, or governmental agencies. S: HOLD HARMLESS 9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, Its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily Injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, tosses, judgments, fines, penalties, liabilities; costs and expenses (including, without limitation, attorneys fees, disbursements and court costs) of every kind and nature whatsoever (Individually, a Claim; collectively, "Clalms "), which may arise under this 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 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. 28 e8of28 Nothing fn this Indouutity uhatl her conulluod any award of allor noy'a tenon irr any ctlat oil ear to otrfoix rho tanns caf'tlri;t Ac roortxenl, "Ihitr tndeninity shall Alrtrly to aft clalins and liability regardless of whether any insurance policies are applicable. The, policy limits do not act as a Iimltatlon upon the amount of Indemnification to be pievided by the Consultant.. fti. 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 tmonner 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 rite expressed terms of this Agreement. No civil service status or outer right of employment shall. accrue to Contractor or ifs ernpiay & Nothing In this Agreement shalt 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 Woric or to exerclso 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. ♦• 3 a Consultant agrees to work closely and cooperate laity with City's designated Project Administrator and airy other agencies that may have jurisdiction or Interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project: 92. CI'T'Y POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project AdmIntsfrator In advance of all critical decision points In order to ensure the Project proceeds in a inanner 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 ats desired, 44. INSURANCE Without flinging Consultant's Indemnification of City, and prior to commencement of Worts, Consultant shall obtain, provide and maintain at Its own expense during the term of this Agreement or for other periods as speoified In this Agreement, policies of KIM LEY-HORN AND ASSOCIATES, INC. Page"f 28 Page 9 of 28 hnuranrxa of tiro type, edanrurtc, teens a#rd t*101tlowl domlibad In tho 11inurxulit'll ffetiu €mevents utlaulred heirito au Exhlhi C. rand Int:otporated horain by releteneo. 15; PROHIBITION AGAINST A SIONMi N 'S AND 'i'RANSr -Tuts Except as spoof', provided under, this A subcontracted out witho be construed as an assi any of the Issued and o general partner or joint authorized render this ent shall not be ass control of Consultant. Control mes twenty -five percent (26%) or more venture. 16.. SUBCONTRACTING The subcontractors author Identified In Exhibit A. Consul( omissions of any subcontractor. relationship between City and an part of City to pay or to see subcontractor other than as oil beneficiary of any We* perform( duty of care between the suboon herein, the Services to be pro, assigned, transferred, contracted of City. to stock assets the rdded under this or subcontracted 17. OWNERSHIP OF DOCUMENT rnent, the Services to be transfenad contracted or Any of the following shall sfer or other disposition of it or of the Interest of any otenant If Consultant Is a shall result in changing the ore of the noting power, or ration, partnershlp or joint - on this Project are `y for all acts and of any monies due to any such )y law. The City Is an Intended actor for purposes of establishing a t. Except as specifically authorized agreement shalt not be otherwise ut without the prior written approval 17.1 Each and every report, draft, reap, 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, shalt become the exclusive property of City, and Clay shall have the sole right to use such materials In its discretion without further compensation to Consultant or, any other party. Consultant shalt, at Consultant's expense, provide such Documents to City upon prior written request. 97.2 Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not Intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's detdverables under this Agreement by City or persons other than Consultant is waived 2s 10 of28 agaitict corrvuitnnt and City n €!,;ones [till nn"Imunihitily for ,zngh ollaugoi ultlssn City liar givou Conmiitrrnt prior motion and has received hone Consultant written wnsont for• such changes: 17,3 All Improvement andtor construction plans shall be prepared with Indelible goof ink or edecttostaticly pl IN r1+1LECTI -IAL 1 *t «tit' #; tC'3'v tNOCIIIINRY 'ttte Consultant shall defend and indemnify City, Its agents, officer:, representatives and employees against arty and all liability, Including costs, for Infringement or alleged Infringement of any United States' letters patent, trademark, or copyright, 'Including costs, contained In Consultant's Documents provided under this Agreement. 22: RECORDS Consultant shalt keep records and Invoices in connection with the Services to be performed under this Agreement. Consultant shaft 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 taw, from the date of final peyinent to Consultant cinder this Agreement. All such records and Invoices shall be dearly Identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and Invoices during regular business hours. Consultant shall allow Inspection of all Work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 23. WITHHOLDING$ City may withhold payment to of the dispute with respect to such p constitute a failure to pay according not discontinue Work as a result Immediate right to appeal to the City disputed sums.. Consultant shall be e the rate of return that City earned 01 date of withholding of any amounts fo 24. Ir'i2RORS AND OMISSIONS msultant of any disputed sums until satisfaction went. Such withholding shalt not be deemed to the terms of this Agreement. Consultant shall such withholding. Consultant shall have an snager or his/her designee with respect to such tied to receive interest on any withheld sums at is Investments during the time period, from the d to have been Improperly withheld. In the event of errors or omissions that are due to the negligence or professional Inexperience of Consultant which result In expense to City greater than what would have resulted If there were not errors or omissions In ours Work accomplished by Consultant, the additional design, construction and/or restoration expense shall be borne by Consultant, Nothing In this Section Is intended to limit City's rights cinder the law or any other sections of this Agreement. 28. CITY'S IRIGHT TO EMPLOY 0714J ER CONSULTANTS City reserves the right to employ other Consultants In connection with the Pr*ct. 28 12 of 28 Wi. r.# 1Ni'i M IT; € F IN`t"l't.f $r T 26.1 'llie Consultant or its empicyees may be subject to the pr ovislons of the California Political Reform list of 1974 (the "Acr), which (9) requires such persons to disclose any financial interest that may foreseeably he materially affected by Iho Well( performed under this Agreement, and (2) prohiblis such persons from snaking, or participating In making, decisions that will foresseably financially affect such Interest, 26.2 If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and Is grounds for immediate tonnination 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 271 All notices, demands, requests or approvals, including any change in mailing address, to be given under the terms of this Agreement shall be given In writing, and conclusively shall be deemed served when delivered personally, or on the thirst business day after the deposit thereof in the united States mail, postage prepaid, first - class snail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City st: 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 92658 Phone 949 -644 -3311 l=ax: 949 - 644 -3313 April 10, 2013 and after. Attn: Brad Sommers, Senior Civil Engineer Public Works Department City of Newport Beach 100 Gib Center Drive PO Box 1768 Newport Beach, CA 92658 Phone: 949- 644 -3311 Fax: 949-644 -3315 13 of 28 *1Y.:2 All nollcus, doanaaad; -, meat €song-= tie gijirovals from t'Iiy to Gonualtant ;:halt be racklatr. od to Conmiltantat; Attn: Jason Melchor, P E. VJMI RY-HORN AND ASSOCIATES, INC. 766 The City Drive, Suite 200 Orange, CA 42868 Phone: 714- 939 »1030 Fax: 714. 938 -9488 28. CLAIMS Unless a shorter time Is specified elsewhere in this AgadenaonL before making its final request for payment under this Agreement, Consultant shad 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 render or arising out of this Agreement except those previously made In writing and identified by Consultant In writing as unsettled at tie 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 he required to file any claim the Consultant may have against the City In strict conformance with the Tort Claims Act (Government Code sections 900 efseq.). kah7®IY�t1a�i #t�P�Yft's7Tl 29.1 in the event that alther party falls or refuses to perform any of the provisions of this Agreement at the time and In the manner required, that party shall be deemed In default In the performance of this Agreement. If such default Is not cured within a period of two (2) calendar clays, or If more than two (2) calendar slays are reasonably required to cure Nye default and the defaulting party falls to give adequate assurance of due perfonnance within two (2) calendar days after receipt of written notice of default, spectfying 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 $flat[ have the tight, at Its sole and absolute discretion and without cause, of terminating this Agreement at any time by giving no less than seven (7) calendar days prior written Notice to Consultant. In the event of termination under this Section, City shall pay Consultant for Services satisfactorily perfortned and costs Incurred up to the effective date of termination for which Consultant has not been previously paid. On Die effective date of termination, Consultant shall deliver to City all reports, Documents and other Information developed or accumulated in the performance of this Agreement, whether In draft or final form. EM 28 .14 of 28 `rrr, isr�!ifiltr/13'iir t'l a°�i�i!il<1€�i't 301 Conr ti rice t ati { „Faw% Coonsultant shall at Its own cost and expense comply with all statutes, ordinancos, regulations and requirements of all governments) entities, Incirrding federal, state, county or munic €pal, whether now in force or hereinafter enacted, in addition, all Work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the project Administrator and City, 30.2 Mvet A waiver by either- party of any breach, of any term, covenant or condition contained heroin shall not be deemed to be a waiver of any subsequent breach of the same or arty other tear, covenant or condition contained herein, whether of the same or a different character. 30.$ lntagrtrt t Contract. This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negol ations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be hold to vary the previsions herein. 30.4 Conflicts or IncoaggIgMILs. In the event there are any conflicts or Inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern, 30.5 ftnraL qtlon. The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply, 30:6 Ametdrrsnjg. 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 sever hiI ir. if any term or portion of this Agreement is held to be Invalid, Illegal, or otherwise unenforceable by e court of competent jurisdiction, the remaining provisions of tlft Agreement shall continue in full farce and effect, 30.8 Controlling l w and Vejrue. The laves 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. 3p.9 i quaff iipport4rrrtfv EmssiovrneLk 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 carder law. Page 1plor za Page 16 of 28 IN WITNM31 Mil-VI-41F, tho Izruiat; have emur d II&; Atiroonlont to be exocutod on tho dates written below. Ctf`Y Or- NEWPORT PORT BEACl , A California municipal Gotporation Date. BY.- Keith D. Cuny mayor ATTEST: CONSULTANT: KIMI- FY- HORN AND Date: ASSOCIATES, INC., a North Carolina corporation Date: By: By: Lellant 1. Brown Serine Clandella City Clerk Senfor Vice President Attachments: Date; BI Jason Melchor Associate Exhibit A - Scope of Services Exhibit B - Schedule of Billing mates Exhibit C - Insurance Requirements AND ASSOCIATES, INC. gage qe 16 of 28 1--XIMATA 11f;OPF or SERVIC sm—- --l" f 28 KIMLEY-HORN AND ASSOCIATES, INC, Page A-9pe 17 of 28 Kea.ylliaatt � �;' x isxi t IK.yN llirn Match d, 2413 By amahl Mr. Brad Sommers Saatior Civil t3iW40W Polioiworks ne"rhmit CityofNcwpmt $eR:h 3301) Newport BaadevaW tdowpod Beack CA 92661 Re, Proposal for Coast tligluvay 9 affiacSigrtol Upgradas Dear Mr, Sotlnuers: Kindey -flan and Assochd% Ilia MIA) is pleased to could this proposal tottte City of tdewportDaach to praiaaea trakTcsigtvlt tuodifaaat&m1 Plans os part ortha Coast fifghmray Trafflo Slavat itpgrudes. We propose the following Stopo ofServiocs: Project Understanding of Newport Beach is upgrading tins frame signot aquipmuaal at eight iruotswil" atolls ;htvay to current City standard& Sigaah iinprovenaants of sofaatod intersections will etc cabinets, controllers, signal beads, signal poles, nuist arms conduit ormship, alai We tuaderstmnd the City is lot"Ingthe and ofAwly 2013 for a complete bid package In alibi construction of the start of SepMmber 2013. Based from pmvious disrussion and rn provided byC31ystaff, we proposal fire foltovving Scope of Services: Scope of Services Kh3A will provklothesavl wwspoolritaliysetforth below. Twk t-- n4ldSWiiw3dug top I1iore AfopPrrlrrttrttlati K14A stoffwill perform o fhctd ravtew of oitservable conditions, KRA %vihi make field notes for the preparation of traffic skgnai orodif feallou ptatts, tlonststirrg of street gooractrlos, farts co litgoraliorts and widths, digital photogaapbs slid ittvetalory used location of oxistiang fuellittea that t,7ay impact phaceuran of frame si$tlat efluilnueart law comtutl reins. We will oreato base mapping far each intcasaollom from existing record dimvingsptovhhed by file City'. Recover the oxisthis iwrlmlial and m1lIXd couteni covering the no thwrt,K waxier of Coast I o TEL M go tale FAX T14 onto ti aft no 1651toujiloo 000e,ce4 wk VAS 18 of 28 Page 16 of 28 #7r. tbarrll }!nouns itflarlt %7Cil.i 113ghway and A±^ midis Ave uiw Finaltfish on -sda snrvvy� control stations and pn gWA Ranair Marks. Nelbrm a topa8tophic snrvay of fine existing pork choir Island at file tnoihtvest corner of Coast Iiighttway and Avocado Avelino, bnchaft file northival curb tiny tbo start of tigin -htro pocket to 50' beyond tine meld ofcurb retom along Cars( 13igigvay. Compile ilia toimgnnphia flod field observation htforntatlot into a CAO jrlan to sapitlement the available Inappilw, Task 2 -7 'ift;Sigr tat A2od$caIIau Plalu KI IA will prepare traffic signal taodifisofnotn design plans for file alght Intersections listed lmdow: • Craw Higitnvny ut lrvttie'rerace, > Now MMA P rxuuroiier oabbxt, ASM2100 continuer, and tocotiot Y Modify Roast leg noidian nose • Coast Highway lit Newport Cenwr Drive N Nosy N6A P coettroltcr ealilaet, AS{:13 -2it)4 cortroker, and ioaatiolt a Coast Highway nt Avocado Altsuto > NmvNCMAPconho1leieabhtetoWASG3- 2I60covttroiicr Modify NW cotar park chop martlon (inn be irrawdod on salmratedinau shed) D Revise attiplog along ttotth fag of Avocado Avenue lip to 300" from back of crosswalk, (Soiutrata sig fingand shiping shoat) Coast itiglAwyat 0oldouod Ave +rate � Nonvt: C{`vcaatrtraatxta�thcast�-itxaq° > Madifytttedianlm cG mticgofCoedlilglnvoy Coasi Nigbtmy al fenny Arm ara h Nety NuMAO otnttroilet• oabiti d; ASCU -2100 controlter, and locution A Now CCTV camera at aortltwestcarner a Coast tIfWavay et Mtrrting Cariyon !toad A New NphdA P aodrouar aabittri atul ASCf3 214tt aonttnuet i Modify modt•an voce, eastan d toot Im orchast Ifthway )o' Modify sandtwost utalt rump A Coastl7igltwaX�CaalcaHlglolartdslCaataoShores A 7IewNF,MAPaantlnllaetbin ASC/3- ZitlOcottroilaandiocatiot Modify aledhin nose, aced and west legs ofCo st Highway a Coasl%Iiglnray fit Pelican Point Dive Y NowNSMA P controller oabltud and ASCU 2100 controller 1110 signal modification design Plante will be prepared In accordance Mill current City of Newport Beach and Caltrans standards, 7Yno trattlo signal modification plans will be pro nand at 20 scale K:aXW TPY{a. ktmicta$3talYMNalrgA+tatau:AlRY ti•13YraakBiCd!ntaehtaii AautFmjatlLiiaauynftncadS3gard tAprKA�ILQnVR1POfLi- tt<R4WtICRCtir.9Iltt4j titfaG SliAx)rfrlo *tak.tryi�fa3A-0.t S.ADC 93 of 28 Page 10 of 28 drCrkxt 7 tigNtNZaa ,4rrMt4,, NId3 rbi,— .iryfx (i " =2t!'} winy Aar €oGAV 2010:vessiata ctira€iint software tut 24" x30', €iai stems: Wo antlefludc owntination with Southern Cofilanita Ndi.+ou Harding service at file four laced €oas where life eontrotlev caWmd relocations Orel proposed. Median m&we Modifications will be Included as kart of the traffic signal plans. Fiber optic Itrrauihig tho four controller cabinet rolmOons ; Will also bewwwri oil file fra( asigimtplans. Modiffolflon of "saictyligtafngontraffic signal poles; Including lumittelies and Intel evil=, to decorative styles Will be Shown on tine traffic signat madifieation plans, oSelimatiastreet fighting plans to nwdiry roadway sited lights beyond KIIA Will duel aroa scpawn "it shrel in show the modification orate path cirup incillon at tiro northwasi Cohan` of Coast Highway and Avencado,Avenue to allow far dint lift -fern laws nnut one duaaiigllaneftw #1 is nttlib ind appraetd). KRA Wll 1. itt�parensalmrntctitloslr�tfca •flie•}ilxrjecf; We laws bi« geted four (4) Items pet wbriti €fal to address iniaaa• clsrlfication coninimft Emn the City and provide dispoahfon. Deliverables ( 10 shea€s total):' t" Submittal -759A Destgnpians 2"a Subtlhta1- 90%Design Plans Fhrat Sublu ltal- 100%Eksign flails Task 3— =SYSidagenxd SYrtpF gPlaor KHA will prepare n signbM and striping putt for ilia nordi leg of Coast highway and Avocado Avenue tip to 300' #tom lite back of arasswolk and for tle crosswalk hnp owavin €s at His~ in tetsectlon ofCow fltgliwdy atuf Adtuttittg Gnrtgoct RCad Tloarglblg and s €rlp ngtilatts cvtlt t o prefl atetl hr tworifilume with current City of Newtmtt Dcasit nnsi G'a(trans liboxiards and will be 17e €€yMb1c¢ fi ahcoCl: I "Sulwitittai -75 %Da lgnPlanis 2d Sul illial- 90 %Design:plans Final Suliniftmi— I00% Dmign plans Tea 4— Aver iighlingPltntsitnetritu KRA Will maalyzo Hw street light pholornarics at elglt signal locations in the City, KI IA Will use the AQlJ2 R&Ing saf will0 to determine lite average foof-cundlo (fc) and anlfornrtly levels at ltta Intersections. Phototnolric ifituninalm 1wittog levels will foHov either file Iftuntlim€li t itgiuecring Saoicty of North America (iHSHA) IturEr ivj, Jdgliding AP-840 standards or slut American Association of State Highways and Tsanispottation ffiicials (AAMTO) lined niay Lig1RlnngDOI&l GurcdeMia phototuddit arudysis will be prosotiiatt ail 24" x 36 ", Fail -*w eliscia Willi two )ntersecilons shown allim, r, 1M A ;fM0'"MRrketWJrrerPl!sponawMVY 12 -13 rmak�3a¢NttClWWEi[atrourt�ewC tacu<a&pdfaf Makrieat€wuiMNpuai -Noe Vwi ncaea Coon u*y oafaoR €aritl UM4desvpcdirta344 -IIAO 20 of 28 Page 20 of 28 1lr: t?iiat katmxra. t'a•!?- :7.016 t- flubtuittal- ?s% Design plant Z'Submiltall- M DfAlffn Plans Final Submittal - 100%DaftoMin; 7W S - CIf»tiiorr tf •PA%tVble f.wulraclfor+Cast Kf iA will ire Opinion al'Probablc Cruetrociion Cost estintatus fin ilia thslgerplans. t7dtverabLm fe Subtaittat -. WA Dosignplans Pius) S"In lual -100%7 ftwt luaus 7irsk 6 - ,SlficatJcuis KflA will prepare project speoltioations for tiro doslgo plans. KRA will modify the City of Newport Aeeol{ traffio signal boller plate specifications to match the propmed Work for this project c it bim; I a Submittal - 90% Design Plans Fluid Stibtnittal - 100%DeAgn Pluns 7'r4k 7- 0arerrafkRetuomlStitdy KHA will prepare a orosswvalk ienu id evaluation for the crossing at the west leg of Coast lligliway and Morning Cairyou Ronan, Pedestrian voiuuta counts will be collected at the shtily I iivmaf ; l °Subn teal- 9U %I>iaignPlaus flail Submittal 100%fJesigii I%M 7kuk8- ka'eetiugs KHA will attend tip to four (4) nrcethigs with City staff daiing the imiso of title. project. 71tc maedings could include discussiori ail pi%iect sw"s and "go sniuuittals, or to pm-md iasursifitidhigs� 7trsk 9- C.ozxririxtifoit Siyy�rtt K IA wvill budget up to ton (10) hours to assist the City Willi oonstruclion support, wwbioll Includes providing responses to Contractor IM s and review ofamterial subtnittala. KA ORATtTotWnrketlRA!ICAynrNnu SMITY 42.117'eptaa 3iAnalttdialiilitafion tRojinMitYnxwpnttlnauirataiwl MafiaraibnniwrrTnmi - Nnupnri asaabGnwzf {twr TrpFac 6�nni tli�mks uµhkda3dMAlelue 21 of 28 Page'21 of 28 ?hr Aihl,%ways Airart.If, VIJ Ave sa0 Yrtskll7- .lfcrsrnr77)nnidregs KRA will lwqmv record drawhil s for Ou cWo sigtanl tnochticatimt design titans slid mia signing audstrillingl3ken usingtheted- ihte Gold usakup prepared byIlmCmttmous'. Additional Services Any services not spaciticalty, provided for to the above scope will be considered additional scnvicas and can lrc perfmucd at nor (hen correct hourly rites. Additional scrviax we emit provide include, but are mil l ulna d to, the following; • Street tiglilin t; lslans (Roadway) • Signinganl striphtg plans • Signal intercom mot plans • Fiber optic plans • Traffic control plans • project teat" meatingx • Any serviees riot speelfioally called out In the Scope of Services Information Provided By Client We shall be entitled to holy on ilia completeness and accuracy of all information provided by the Client or the Clients consultants or raproscatadves. The Client snail provide all lnforniation reputed by KRA dating Cite project; Including but not limited to the following: TralIni aign al, . slgn ing and striping, fiber optic, and street Improvcutentt plan record dmwbW. Traffic signal spec iicatlons troller plate Schedule Wo will provide our services as w4vditiounly as piacticahta vritit Ilia goal of 10051108 A anttually agreed -to schedule. fte and Itioing KRA trill perform the services dwotlbed in Tasks I- to in the Scopo of Services for a harp San) foe: of S124,80{1. 01 All permitting, appllceni a4 and similar project fees will be paid dlrcotly by the Applicant. Fm and exticases will be invoiced monthly based, as applicsble, upon the pereettago of services completed or actual sorwlecs porformod and expenses Incurred as of the lnvolco dalo. Paymom will be due withht Sdaysofthedataoftholavoios, �0 K:tt vin` rrronrad&�tcnyctuenlonu<aa,wv Is.t} yt�nss�natttcu, ,uuuotNnrrokcarm,vruirr�a,srannt ModitkatlegalFtatweat- koivyom neacttCoaei IitvyTrafas$ia�xit ttpgcadus ,��rkikdaWM- t3.doe 22 of 28 Page 22 of 28 d�+.tisrrit �'(?AfRI• +rr Akw h d, 2+Il:t hve6old Clos"m tryou ctnrralr in all the farugoing5 and taish to direct to to proceed whir fire a"=, please return atoug mrith tlwapaprwdnto contract documentation. INS proposal is atoll$ for sixty (60) days alter the (into afthis letter, Weapt» to tiro ogatr charity to trmyltlo tt eso soruiee¢ to yo t. Pleaao contact me "yon "eve any questions.. Very tally yours, Kfh+Sf FY- HORNAND ASSOCIATES, INC, V .Eason mlo %itor, P.M Project Manager h 1 Josh �ai'es, 3',f3, Stallor Vice I vesttlont r,iottA TFrOWndw1gj;V*y ofN,"l Ueeeh%FY t7.13 TrattleStgmd Rebabiihatiwl Pru,)ecdlinwpatVUeuhSEgred ModjftcoUojuapopmt- Nmvmf UmhQa Jaw 3tgida8i&oni itwdgjgAuteAa30W3.doC 23 of 26 Page 23 of 28 UXIMArr I a SGIII-9JULE: OF IJJtJ JMb RATES KIMLEY-HORN AND ASSOCIATES, INC. Page Bpige 24 of 2e ,. °; 1;1 � lSntliey'�ltitttt KIMLIEY -11ORN AP40 ASSOCIATES, IN(l Stibm,Syfhive 8ab?� MOURLYI NIX SCHEDULE 0=4914 OFEMME SUPPORTST AFF ......... „. .... . - ,.._.....,._ ............. »._......,.._..:.570.00 -S 125.00 DFSIONEWMCHNICIAMCADtDOPERATOR .... ....$80.00 - $13540 ANALYST ............. .....:..............a:......... .......... .......,..»...5 85,00 - S (40.00 PROFESSIONAL .... ...........» ........... _:..,. ..... »:,.. »........,..,. »..:.$! 35.00 -.$ 165.00 SENIOR PROF' F. SSIONAL,.....„.„.»,.»,..,„,., .»..,.,...... „..,.;._. »5f80;00 - 5260.00 PRINCIPAL ... ......»...........».......... .., ,..,,..»:...» ................», ..... »$23100 - $260.00 IilP7xW.YFS SUDCONSULTANr h9ARK• UP ............... :.................-- ......1594 CONIPUTER3.. ... ...,. ...... -- ......:......:.........„.. :».........,......,. ».n..$25;00 (Inelmlos computer time axed ror technical analysis and CARD) OFFICE EXPENSES ..» .:..................».... .....:, „:..:,..:.: » » »;.:..:.... 6.159 {Covers direct apeusec, awh as in -twim dupl% ethig and btueprinthig, local tniteago, Iciophone W11% elodrof* nwasagte g, Puwagc, and WWd Pxoeessing} 28 of 28 Page 26 of 28 t xttlf IT t 1. IN4,RII AiNUi RV- ,QI.illtt 1Vff3NT — PRt3l°E SMO#`tAL. SERVICES 1.1 Provision of Insurance. Without limiting ConsuitanCs Indemnification of City, and prior to commencement of Work, Consultant shali obtain, provide and malntaln at Its own expense during the term of this Agreement, policies of Insurance of the typo and amounts described below and In a form satisfactory to (,fly, Consultant agrees to provide insurance In accordance with reguirernents 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 A table Insuiers, Ali 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 porrcyholdere gating of A- for higher) and rinancia# Size Category Class VII (or larger) in accordance dannce witi'r the latest edition of Best`s Key Rating Guide, unless otherwise approved by the City's risk Manager. C3 Coves e Reaulrementg, 1.3.1 crff.4rs' Comperlsallon Insure, Consultant shall maintain Workers' Compensation Insurance, statutory limits, and Employers Liability Insurance with limits of at least one million dollars ($1,044,000) 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. 1,11.1 Consultant shall submit to City, along with the carifficate of Insurance, a Waver of Subrogatlon endorsement In favor of City, its officers, agents, employees and volunteers. 1.3.2 Gens # Liahfirfy ) nsurance. 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 arnount not less than one million dollars ($1,000,000) per occurrence, two million dollars ($2,040,000) general aggregate. The policy shall cover liability arising from promises, operations, products - completed operations, personal and advertising tnjury, and liability assumed under an Insured contract (including the tort liability of another assumed In a business contract) with no endorsement or modifrcatlon l€mif #ng the scope of coverage for liability assumed under a contract. 1.3.3 Automobile Llablllty 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 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 ranted vehicles, In an amount not less than one million dollars ($1,000,000) combined single limit each accident,. f 29 KIMLEY - HORN AND ASSOCIATES, INC, Page Cr49e 26 of 28 shall maintain professional liability insurance !fiat covers the So vices to hc•. in connection with this Agreement, in Via minimum amount of one full ($1.000,006) per delta and In the aggregate. Any policy Inception date, corn or retroactive date must be before the effective elate of this agreement and agrees to maintain continuous coverage through a period no less than thrao completion of ft services required by this agreement, 9.4 other Insurance Raoulroments. The policies are to contain, or be endorsed to contain, the following provisions: 9.4:9 Iftiver of Stitirggalon. All Insurance coverage maintained or procured pursuant to this agreement shall be endorsed to waive subrogation against City, Its elected or appointed officers, agents, offictais, employees and volunteers or shall specifically allow Consultant or others providing Insurance evidence In compliance with these requirements to waive their tight of recovery prior to a loss. Consultant hereby waives Its awn right of recovery against City, and shall require similar written express waivers from each of Its subconsultants. liability, All liability policies Including general automobile liability, but not Including d to provide that City and Its officers, as Insureds under such policies. 94,3 PdM= and Non Conuibuiorv. AN liability coverage shall apply on a primary basis and shall not require contribution from any Insurance or self Insurance maintained by City. 9.4.4 htotiee of Cancellation. All policies shall provide City with thirty (30) days notice of cancellation (except for nonpayment for which ten (90) days notice Is required) or nonisnewal of cove" for each required coverage. 1.6 Addftional AclrapMents Between the Parties. The parties hereby agree to the following: 9.5.1 gopnce of Insurance. Consultant shall provide certificates of Insurance to City as evidence of the Insurance coverage required herein, along with a walver 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 fiisk Manager prior to coinmertcoment of performance. Current certification of insurance shall be kept on fife with City at all times during the tome of this Agreement. City reserves the right to require complete, certified copies of all required Insurance policies, at anytime. 9.5.2 Citv's Right to Revise ecqulre en . The City reserves the right at any time during the term of the Agreement to change the amounts and types of Insurance required by giving the Consultant sixty (60) days advance written notice of rcaf 28 KIMLFY -HORN AND ASSOCIATES, INTO, Page Case 27 of 28 such chango. If surly change, tosnits In cuhstantial additional cost to t;citisultarit, tiro City and Consultant may renegotiate Gonsultrant's compensation. 1.6.3 1= 13fomenront of Aareomerit Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the tatty to Inform Consultant of Iron - compliance with any requirement Imposes no additional obligations on file City nor does It waive any rights hereunder. 1,5.1 Req_uiremonts not l.amlthty 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 notmaily 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; 9.5.6 Set[ tnsur Retentions, Any self Insured retentions must be declared to and approved by tlty. City reserves the right to require that self-Insured retentions be eliminated, towered, or replaced by a deductible. Self - Insurance w111 not be considered to comply with these requirements unless approved by Clty. 9.5.6 Pity Remedies for Non Como&nce, 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. 9.5.7 llmoly Notice of Cites: 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 .onsultant's insurancg. 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 Woric -- t 128 KIMLEY -HORN AND ASSOCIATES, INC. page Cie 28 of 28