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