HomeMy WebLinkAbout07 - Newport Boulevard and 32nd Street Modification - Approval of Amendment (CAP12-0009)CTY OF
F
NEWPORT BEACH
City Council Staff Report
July 28, 2015
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director- (949) 644 -3330,
dawebb @newportbeachca.gov
PREPARED BY: Andy Tran, Senior Civil Engineer
PHONE: (949) 644 -3315
TITLE: Newport Boulevard and 32nd Street Modification —Approval of Amendment No. 2
with VA Consulting, Inc. (CAP12 -0009)
ABSTRACT:
Final design of the Newport Boulevard and 32nd Street Modification project is currently underway.
Additional engineering, landscaping and permitting services are needed to incorporate civil and
landscaping design modifications and to address special conditions related to the California Coastal
Development Permit.
RECOMMENDATION:
Approve Amendment No. 2 with VA Consulting of Irvine, California, for additional design services for the
Newport Boulevard and 32nd Street Modification project at a not -to- exceed price of $110,550, and
authorize the Mayor and City Clerk to execute Amendment No. 2.
FUNDING REQUIREMENTS:
The current adopted budget includes sufficient funding necessary for the approval of Amendment No. 2.
The amount of $110,550 will be expensed to the Gas Tax fund account No. 7181- C2002048.
DISCUSSION:
The proposed Newport Boulevard widening project has been developed in an effort to increase vehicular
capacity, improve bicycle safety, reduce traffic congestion and improve aesthetics. This roadway widening
project is located on Newport Boulevard between Via Lido and 30th Street and involves widening Newport
Boulevard to accommodate one additional northbound through lane from 30th Street to 32nd Street and
one additional southbound through lane from Via Lido to 32nd Street terminating as a right -turn only lane at
32nd Street. Bike lanes on both sides of Newport Boulevard will be extended from Via Lido to 32nd Street.
The intersection at 32nd Street will be modified to improve roadway geometrics. This project also involves
the construction of landscaped medians, parkway trees, LED upgraded street light modifications, traffic
signal modifications, and signing and pavement striping. As a result of the roadway widening and the
addition of vehicular and bike lanes, on- street parking along Newport Boulevard between Via Lido and 30th
Street will be relocated. To replace the on- street parking, a new public parking lot will be constructed on
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the former bank property located at the northwest corner of Newport Boulevard and 32nd Street.
During the design development phase, staff presented several conceptual plans to City Council and the
public. Community meetings were also held with local residents to discuss the proposed improvements.
Upon receiving comments and feedback, it was determined that additional civil and landscaping services
are needed to modify the final design. In addition, the California Coastal Commission (CCC) approved the
project Coastal Development Permit (CDP) on June 11, 2015. Prior to CDP issuance, several special
conditions need to be met, which will also require additional services not included with the original scope of
work.
Final design modifications involve extending the project limits to include improvements at both 30th Street
and Via Lido intersections. Removal and replacement of deteriorated concrete curbs, sidewalks, access
ramps and asphalt pavement at both of these intersections have been added. Due to significant revisions
to the landscape design and the extended project limits, staff requested a resubmittal of the 50% plans and
construction cost estimate. Procurement of a building demolition permit was also not included with the
original scope of work and has been added to this proposed amendment. Staff also received feedback to
enhance the landscape design. This will be accomplished with accent concrete paving and tree grates in
the parkway, artistic site furnishing such as bike racks, benches, trash receptacles, and hardscape banding
in the street medians. Additional landscape design services are required to incorporate this enhance
design as it was not included with the original scope of work.
Upon further field review and coordination with Southern California Edison (SCE), it was determined that
the existing SCE vault within the parking lot can be removed in order to gain an additional parking stall for a
total of 32 parking stalls. Additional design services are needed to coordinate the removal of the SCE
vault, reroute the existing electrical conduits, and redesign the parking lot layout. At the request of the local
residents, the proposed parking lot entrance was also moved from Marcus Avenue to 32nd Street.
Prior to receiving the Coastal Development Permit, staff is required to fulfill several permit special
conditions. These special conditions were made available by the California Costal Commission staff just
before their hearing date on June 11, 2015. These special conditions include:
1. Revising the project plans to reflect the latest parking lot layout
2. Preparing a Construction Staging Plan
3. Preparing a Traffic Control Plan
4. Preparing a Storm Water Pollution Prevention Plan
5. Revising the Water Quality Management Plan
6. Revising the landscape plan to include only native plants or non - native drought tolerant plants which
are non - invasive
7. Revise the irrigation plan to incorporate drip or microspray systems
Some of these special conditions such as number 1 and 4 above are already included with the project
scope of work. An amendment is needed to complete the remaining special conditions.
Staff is requesting City Council approval of Amendment No. 2 with VA Consulting of Irvine, California to
incorporate the additional engineering services as described above at a not -to- exceed price of $110,550.
This will bring the total design contract amount to $526,223.
ENVIRONMENTAL REVIEW:
The approval of Amendment No. 2 with VA Consulting is administrative and is not subject to the California
Environmental Quality Act ( "CEQA "). A project Mitigated Negative Declaration was adopted by City Council
on October 28, 2014.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of the meeting at
which the City Council considers the item).
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ATTACHMENTS:
Description
Attachment A - Location Map
Attachment B - Agreement
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ATTACHMENT A
PROJECT
LOCATION
FINLEY AVE.
32ND
NEWPORT BLVD AND 32ND ST
MODIFICATION
LOCATION MAP
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CITY OF NEWPORT BEACH
PUBLIC WORKS DEPARTMENT
C -4881 1 07/28/2015
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ATTACHMENT B
AMENDMENT NO. TWO TO
PROFESSIONAL SERVICES AGREEMENT
WITH VA CONSULTING, INC. FOR
NEWPORT BOULEVARD AND 32ND STREET MODIFICATION
THIS AMENDMENT NO. TWO TO PROFESSIONAL SERVICES AGREEMENT
( "Amendment No. Two ") is made and entered into as of this 28th day of July, 2015
( "Effective Date "), by and between the CITY OF NEWPORT BEACH, a California
municipal corporation and charter city ( "City "), and VA CONSULTING, INC., a California
corporation ( "Consultant'), whose address is 46 Discovery, Suite 250, Irvine, California
92618, and is made with reference to the following:
RECITALS
A. On June 12, 2012, City and Consultant entered into a Professional Services
Agreement ( "Agreement') to prepare construction documents for the Newport
Boulevard and 32nd Street modification ( "Project').
B. On November 3, 2014, City and Consultant entered into Amendment No. One to
the Agreement ( "Amendment No. One ") to reflect additional services not
previously included in the Agreement, to extend the term of the Agreement to
December 31, 2016, and to increase the total compensation.
C. City desires to enter into this Amendment No. Two to reflect additional services
not included in the Agreement, as amended, to increase the total compensation,
and to update insurance requirements.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. SERVICES TO BE PERFORMED
Exhibit A to the Agreement shall be supplemented to include the Scope of
Services, attached hereto as Exhibit A and incorporated herein by reference ( "Services"
or "Work'). Exhibit A to the Agreement, Exhibit A to Amendment No. One, and Exhibit A
to Amendment No. Two shall collectively be known as "Exhibit A." The City may elect to
delete certain Services within the Scope of Services at its sole discretion.
2. COMPENSATION TO CONSULTANT
Exhibit B to the Agreement shall be supplemented to include the Schedule of
Billing Rates, attached hereto as Exhibit B and incorporated herein by reference
( "Services" or "Work'). Exhibit B to the Agreement, Exhibit B to Amendment No. One,
and Exhibit B to Amendment No. Two shall collectively be known as "Exhibit B."
Section 4.1 of the Agreement is amended in its entirety and replaced with the
following: "City shall pay Consultant for the Services on a time and expense not -to-
exceed basis in accordance with the provisions of this Section and the Schedule of
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Billing Rates attached hereto as Exhibit B and incorporated herein by reference.
Consultant's compensation for all Work performed in accordance with this Agreement,
including all reimbursable items and subconsultant fees, shall not exceed Five Hundred
Twenty Six Thousand, Two Hundred Twenty Three Dollars and 00/100
($526,223.00), without prior written authorization from City. No billing rate changes
shall be made during the term of this Agreement without the prior written approval of
City."
The total amended compensation reflects Consultant's additional compensation
for additional Services to be performed in accordance with this Amendment No. Two,
including all reimbursable items and subconsultant fees, in an amount not to exceed
One Hundred Ten Thousand, Five Hundred Fifty Dollars and 00/100 ($110,550.00).
3. INSURANCE
Section 14 of the Agreement is amended in its entirety and replaced with the
following: "Without limiting Consultant's indemnification of City, and prior to
commencement of Work, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement or for other periods as specified in this
Agreement, policies of insurance of the type, amounts, terms and conditions described
in the Insurance Requirements attached hereto as Exhibit C, and incorporated herein by
reference."
4. INTEGRATED CONTRACT
Except as expressly modified herein, all other provisions, terms, and covenants
set forth in the Agreement shall remain unchanged and shall be in full force and effect.
[SIGNATURES ON NEXT PAGE]
VA Consulting, Inc. Page 2
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IN WITNESS WHEREOF, the parties have caused this Amendment No. Two to
be executed on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date:
CITY OF NEWPORT BEACH,
a California municipal corporation
By ��� By:
ron C. Harp vnn 0-I2oh Edward D. Selich
City Attorney Mayor
ATTEST:
Date:
0
Leilani I. Brown
City Clerk
CONSULTANT: VA
California corporation
Date:
By:
Max P. Vahid, P.E.
President and CEO
Date:
By:
Michael S. Carter
Secretary and CFO
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Consulting, Inc., a
VA Consulting, Inc. Page 3
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EXHIBIT A
SCOPE OF SERVICES
VA Consulting, Inc. Page A -1
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EXHIBIT "A"
REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES
FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT
NEWPORT BEACH, CALIFORNIA
AMENDMENT No. 2
SCOPE OF SERVICES
Revisions to Approved Civil Concept Plan and Add'] Studies and Exhibits (VA)
Additional revisions to the previously approved Civil Concept Plan (CCP) were required
due to major revisions to the Landscaping Concept Plan. Revisions to the CCP included
the following:
• Revisions to the Newport Blvd. and 30th Street intersection, which included extending
the new pavement and curb ramp improvements to south of the intersection,
modifying the southwestern curb return, removal of the channelization island adjacent
to the southwestern curb return, and extension of the southbound sidewalk.
• Preparation of multiple geometric options to the parking lot at the northwestern corner
of Newport Blvd. and 32nd Street.
• Revisions to the bus turnout at the southwestern corner of Newport Blvd. and Short
Street.
• Preparations of multiple geometric layout alternatives at the Via Lido intersection.
In addition to these revisions, the CCP was revised to include more detailed annotation,
so that it could be submitted as part of the Coastal Development Permit application.
2. Additional Roadway Improvements (VA)
The 50% Improvement Plans and Estimate submittal were made- in,July 2014, prior to
the CCP revisions. This task includes revisions to the improvement plan§ :and, estimate
due to these revisions. This task also includes the revisions to tfe rFinley ?Ave.
intersection, which are now required to accommodate the new hotel at the former ,City .
Hall site.
Building Demolition Plans (VA)
This task includes the Building Demolition Plans (BDP), which are required by the Gity's
Building Department and not included in the original scope of work. The BDP will include
the following sheets: Site Survey, Site Plan, Demolition Plan, Grading Plan'and Erosion
Control Plan. The format for these plans will be based on the sample;provided ` by'the
City. The BDP sheets will be incorporated in the Improvement Rlans., "and no separate
plan set will be prepared. It is assumed that the City Project Manage�'will 'submit and
process the BDP through the City's building department.' ; Preparation of additional
plans, other than those listed, or substantial effort in`p'rocessng the plans through the
City's building department, are not included :in-- this',t'ask; This task also includes the
preparation of additional specifications for the buldind'demolition.
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4. Additional Project, Coastal Development Permit, and Southern California Edison
Coordination (VA)
Additional project management, meetings, and coordination are required due to the
extended Project duration and additional scope of work. In addition to ongoing Project
related coordination, additional coordination is also required to respond to Coastal
Development Permit (CDP) related comments and coordinate the new parking lot
electrical improvements with Southern California Edison (SCE). This item includes
approximately 80 additional hours for these additional coordination efforts.
5. Additional Landscaping Construction Documents (NUVIS)
Additional PS &E's will be developed from the approved Concept Plan submitted on
November 12, 2014. The expanded scope and design includes detailing for enhanced
accent concrete areas, hardscape banding in medians, selection of artistic site furniture
such as bike racks, benches, trash receptacles, tree grates, or accent planting at base
of existing Balboa Peninsula sign. Construction documents will now include these extra
items not originally included in our scope. In addition, NUVIS will respond to Coastal
Commission comments up to three separate times. Specifications, Bid Forms and
Preliminary Statement of Probable Construction Costs will be provided to incorporate
the expanded Project detail. Additional fee incorporates time needed for added design
features.
NUVIS estimates approximately two (2) additional meetings with the City Staff at two (2)
hours each, plus up to sixteen (16) additional hours of Project Manager -level
coordination time. NUVIS shall be available for coordination with the Design Team at
agreed upon intervals and times.
6. Additional Street and Parking Lot Lighting Improvements (JMD)
After reviewing the City's street lighting circuit maps, JMD has determined there are up
to three (3) existing circuits affected by the proposed improvements. This information
was determined after JMD started their design and therefore this work was not included
as part of their original proposal. Thus, JMD will prepare one (1) additional street lighting
plan to include the modifications to maintain the existing street lighting circuits.
In addition, the City directed the design team to remove the existing SCE vault fPomSthe
new parking lot after the original electrical scope of work was approved. Removing this
existing SCE vault will require additional electrical service feed point connection "details
for the traffic signal, storm drain valve, and street/parking lot lighting and irrigation
systems within the parking lot lighting plan. Additional SCE coordination will also' be
required for this work. '
JMD will make three submittals (50 %, 95 %, and 100 %) and will address City- commehts`
on the 50% and 95% submittals.
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Additional Noise Monitoring (Chambers)
Task 10.1: Pre - Construction Noise Measurements
This task shall include the following:
• Prior to start of construction activities, two Extech Model 407780 sound level meters
(same noise meters used in Noise Impact Analysis Newport Boulevard and 32nd
Street Modification Project, June 20, 2014) will be utilized to obtain one 24 -hour noise
measurements at the middle of the fence on the eastern edge of the waterway and a
backup 24 -hour noise measurement located southern corner of the waterway
adjacent to the proposed parking lot to be improved.
• A technical noise letter documenting the results of the pre- construction noise
measurements will be prepared.
Task 10.2: Post- Construction Noise Measurements
This task shall include the following:
• After completion of construction activities, two Extech Model 407780 sound level
meters will be utilized to obtain two 24 -hour noise measurements at the same two
locations utilized in the pre - construction noise measurements. The calendar date for
the post- construction noise measurement will be selected in a manner that will
ensure similar traffic conditions, would occur as under the pre- construction noise
measurement. For example, if the pre- construction noise measurement is taken on a
Wednesday in August 2015, the post- Project measurement will be taken on a
Wednesday in August 2016. The actual dates for pre- and post- construction noise
measurements will be determined at a later date.
• Prepare a table that shows the results of the pre- construction and post- construction
noise measurements.
Compare the noise measurement results with Policy N1.8 of the General Plan details
the noise increases allowed from a Project before a significant: impact would occur,
which consists of a 3 dBA increase, where the ambient noise is- 65;dBA,CNEL or
less, a 2 dBA CNEL increase, where the ambient noise is between 55'and*6&dBA
CNEL, a 1 dBA CNEL increase, where the ambient noise is between 60 and'.7b dBA
CNEL, and any increase where the ambient noise exceeds 75 dBA CNEL.
Update the previously prepared technical noise letter to incorporate the post
construction noise measurements and provide a comparison to the City :Noise'``
Standards.
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I son
i
SCHEDULE OF BILLING RATES
VA Consulting, Inc. Page B -1
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EXHIBIT "B"
REQUEST FOR ADDITIONAL ENGINEERING, LANDSCAPING, AND ENVIRONMENTAL SERVICES
FOR NEWPORT BLVD. AND 32ND STREET IMPROVEMENTS PROJECT
NEWPORT BEACH, CALIFORNIA
AMENDMENT No. 2
FEE ESTIMATE
1. Revisions to Approved Civil Concept Plan and Add1 Studies and Exhibits (VA) ....... $ 18,150
2. Additional Roadway Improvements (VA) .................................. ............................... $ 8,450
3. Building Demolition Plans (VA) .................................................. ..............................$ 5,300
4. Additional Project, CDP, and SCE Meetings and Coordination (VA) ........................$
nz
11,600
5. Additional Landscaping Construction Documents (NUVIS) ....... ...............................
$
58,200
6. Additional Street and Parking Lot Lighting Improvements (JMD) .............................
$
5,450
7. Additional Noise Monitoring ( Chambers) .................................... ..............................$
2,500
8. Additional Reimbursables ........................................................... ..............................$
900
TOTAL FEE ESTIMATE .......................................... ............................... .......................$110,550
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EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City,
and prior to commencement of Work, Consultant shall obtain, provide and
maintain at its own expense during the term of this Agreement, policies of
insurance of the type and amounts described below and in a form satisfactory
to City. Consultant agrees to provide insurance in accordance with
requirements set forth here. If Consultant uses existing coverage to comply
and that coverage does not meet these requirements, Consultant agrees to
amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned
policyholders' Rating of A- (or higher) and Financial Size Category Class VII
(or larger) in accordance with the latest edition of Best's Key Rating Guide,
unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily
injury by disease in accordance with the laws of the State of California,
Section 3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance,
a Waiver of Subrogation endorsement in favor of City, its officers,
agents, employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial
general liability insurance, and if necessary umbrella liability insurance,
with coverage at least as broad as provided by Insurance Services
Office form CG 00 01, in an amount not less than one million dollars
($1,000,000) per occurrence, two million dollars ($2,000,000) general
aggregate. The policy shall cover liability arising from premises,
operations, personal and advertising injury, and liability assumed under
an insured contract (including the tort liability of another assumed in a
business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00
01 covering bodily injury and property damage for all activities of
Consultant arising out of or in connection with Work to be performed
under this Agreement, including coverage for any owned, hired, non -
owned or rented vehicles, in an amount not less than one million
dollars ($1,000,000) combined single limit each accident.
VA Consulting, Inc. Page C -1
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D. Professional Liability (Errors & Omissions) Insurance. Consultant
shall maintain professional liability insurance that covers the Services
to be performed in connection with this Agreement, in the minimum
amount of one million dollars ($1,000,000) per claim and two million
dollars ($2,000,000) in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the Effective Date of
this Agreement and Consultant agrees to maintain continuous
coverage through a period no less than three years after completion of
the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed
to contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials,
employees and volunteers or shall specifically allow Consultant or
others providing insurance evidence in compliance with these
requirements to waive their right of recovery prior to a loss. Consultant
hereby waives its own right of recovery against City, and shall require
similar written express waivers from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required,
but not including professional liability, shall provide or be endorsed to
provide that City and its officers, officials, employees, and agents shall
be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or
self- insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days' notice of cancellation (except for nonpayment for which
ten (10) calendar days' notice is required) or nonrenewal of coverage
for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of
insurance to City as evidence of the insurance coverage required
herein, along with a waiver of subrogation endorsement for workers'
compensation and other endorsements as specified herein for each
coverage. Insurance certificates and endorsement must be approved
by City's Risk Manager prior to commencement of performance.
Current certification of insurance shall be kept on file with City at all
times during the term of this Agreement. City reserves the right to
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require complete, certified copies of all required insurance policies, at
any time.
B. City's Right to Revise Requirements. City reserves the right at any
time during the term of the Agreement to change the amounts and
types of insurance required by giving Consultant sixty (60) calendar
days advance written notice of such change. If such change results in
substantial additional cost to Consultant, City and Consultant may
renegotiate Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no
additional obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage
features or limits contained in this Section are not intended as a
limitation on coverage, limits or other requirements, or a waiver of any
coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it
pertains to a given issue and is not intended by any party or insured to
be all inclusive, or to the exclusion of other coverage, or a waiver of
any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for
higher limits maintained by the Consultant. Any available insurance
proceeds in excess of the specified minimum limits of insurance and
coverage shall be available to the City.
E. Self- insured Retentions. Any self- insured retentions must be declared
to and approved by City. City reserves the right to require that self -
insured retentions be eliminated, lowered, or replaced by a deductible.
Self- insurance will not be considered to comply with these
requirements unless approved by City.
F. City Remedies for Non - Compliance. If Consultant or any
subconsultant fails to provide and maintain insurance as required
herein, then City shall have the right but not the obligation, to purchase
such insurance, to terminate this Agreement, or to suspend
Consultant's right to proceed until proper evidence of insurance is
provided. Any amounts paid by City shall, at City's sole option, be
deducted from amounts payable to Consultant or reimbursed by
Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City
assumes no obligation or liability by such notice, but has the right (but
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not the duty) to monitor the handling of any such claim or claims if they
are likely to involve City.
H. Consultant's Insurance. Consultant shall also procure and maintain, at
its own cost and expense, any additional kinds of insurance, which in
its own judgment may be necessary for its proper protection and
prosecution of the Work.
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