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HomeMy WebLinkAbout05330 - ENDO ENGINEERING GENERAL PLAN CIRCULATION ELEMENT UPDATE DOCUMENT TRACKING Page: q Report: Soon to Expire Documents Listing October2,2006 Condition: Expire Within 90 days,ALL Groups,ALL Services,ALL XREFS Document# Comnanv Group Service Agrvl Date Expire Date Close Date A0009 SCE AIRPORT LEASEAGREEMENT 03/26/1957 11/30/2006 A0437C ` P John Wessman COMMUNITY &... Lease Agreement 12/19/2001 12/0112006 A4804 ~ ` . Partnership For The Performing... CITY MANAGER In File 10W2001 12/012006 A4g-�'1 �� � �'V'tfu'Al P - Aj-T r�,s� DMC Design Group. Inc. ENGINEERING In File o6/162003 10/05/2006 140 0 Ashbury Environmental, Inc. In File 11/192003 11/012006 6utif11 A4801 City of Desert Hot Springs POLICE DEPARTMENT In File 11/19/2003 11/012006 gcc A4941 Impact General, Inc In File 12/152004 12/0112006 ,��1 A5127 Wasatch Energy LLC PROCUREMENT In File 07/0612005 11/30/2006 A5136 Pacific Municipal Consultants PLANNING In File 07/202005 12/122006 A5182 R W Beck CITY MANAGER In File 10/31/2005 10130120o6 A5191 Ballard King&Associates CITY MANAGER In File 11/182005 11117/2006 A5193 Gigl Kramer PROCUREMENT In File 11/19/Z005 'I'Ma2006 A5207 Jeffrey Fowler PUBLIC ARTS In File 12/132005 12/02/2006 A5252 ��� yQ�,,,, J ix) I\70�,4� C- Speer Civil �0 ry f �] .�,� 50 ENGINEERING In File 04/0512006 11f30200fi/)�� fJ/1/a ) IA� A5311 _ , _ Stanley, Lee K. AIRPORT In File 07/052006 111112006 '--'1-1 rr A5330 Endo Engineering ENGINEERING In File 09/06/2006 11/05/2006 n END OF REPORT " "" " y pdLC('—cat �tiGtc.' �IVL4'U' Ur'U-��• pN ?J faG�o,j 1 r, L I nl AMz I I ; � CONSULTING SERVICES AGREEMENT (Endo Engineering-Traffic Engineering for General Plan Update) TI4IS AGREEMENT FOR CONSULTING SERVICES (the "Agreement") is made and entered into this ' < day of 2006, by and between the City of Palni Springs, a California charter city and mu cipal corporation ("City"), and Endo Engineering, a Sole Proprietor ("Consultant") RECITALS A. City requires the services of a Traffic Engineer for the General Plan Update ("Project"). B. Consultant has submitted to City a proposal to provide intersection Level of Service Analysis services to City pursuant to the terms of this Agreement. C. Based on its experience, education. training, and reputation, Consultant is qualified to provide the necessary services to City for the Project and desires to provide such services- D. City desires to retain the services of Consultant (`or trine Project. NOW, THEREFORE, in consideration of the promises and mutual agreements contained herein, City agrees to retain and does hereby retain Consultant and Consultant agrees to provide services to the City as follows: AGREEMENT 1. CONSULTANT SERVICES 1.1 Scope of Services. In compliance with all terms and conditions of this Agreement, Consultant shall provide intersection Level of Service Analysis services to City as described in the Scope of Services/Work attached to this Agreement as Exhibit "A" and incorporated herein by reference (the "services" or "work"), which includes the agreed upon schedule of performance and the schedule of fees. Consultant warrants that all services and work shall be performed in a competent, professional, and satisfactory manner in accordance with all standards prevalent in the industry. In the event of any inconsistency between the terms contained in the Scope or Services/Work and the terms set forth in the main body of this Agreement, the terms set forth in the main body of this Agreement shall govern. 1.2 Compliance with Law. All services rendered under this Agreement shall be provided in accordance with all laws, ordinances, resolutions, statutes, rules, and regulations of City and any federal, state, or local governmental agency of competent jurisdiction. 1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such M licenses, permits, and approvals as may be required by law for the performance of the services required by this Agreement. �c 4 1.4 Familiarity with Work. By executing this Agreement, Consultant warrants that � C) it has carefully considered how the work should be performed and fully understands the c3 facilities, difficulties, and restrictions attending performance of the work tinder this Agreement. o I Revised July 2006 S , • • 2. TIME FOR COMPLETION. The time for completion of the services to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to the agreed upon schedule of performance set forth in Exhibit "A". Consultant shall not be accountable for delays in the progress of Its work caused by any condition beyond its control and without the fault or negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. 3. COMPENSATION OF CONSULTANT 3.1 Compensation of Consultant. For the services rendered pursuant to this Agreement, Consultant shall be compensated and reimbursed, in accordance with the schedule of fees set forth in Exhibit"A," which total amount shall not exceed $5,840. 3.2 Method of Payment. In any month in which Consultant wishes to receive payment, Consultant shall no later than the first working day of such month, submit to City in the form approved by City's Controller, an invoice for services rendered prior to the date of the invoice. Payments shall be based on the rates as set forth in Exhibit "A" for authorized services performed. City shall pay Consultant for all expenses stated thereon, which are approved by City consistent with this Agreement, within thirty QO) clays of receipt of Consultant's invoice. 3.3 Changes. In the event any change or changes in the Scope of Services/Work is requested by City, the parties herein shall execute a written amendment to this Agreement, setting forth with particularity all terms of such amendment, including, but not limited to, any additional fees. An amendment may be entered into,- A. To provide for revisions or modifications to documents or other work product or work when documents or other work product or work is required by the enactment or revision of law subsequent to the preparation of any documents, other work product, or work,- B. To provide for additional services not included in this Agreement or not customarily furnished in accordance with generally accepted practice in Consultant's profession. 3.4 Apnronriations. This Agreement is subject to and contingent upon funds being appropriated therefore by the City Council of City for each fiscal year covered by the Agreement. If such appropriations arc not made, this Agreement shall automatically terminate without penalty to City. 4. PERFORMANCE SCHEDULE 4.1 Time of Essence. Time is of the essence in the performance of this Agreement. 4.2 Schedule of Performance. All services rendered pursuant to this Agreement shall be performed pursuant to the agreed upon schedule of perfonnancc set forth in Exhibit "A". The extension of any time period must be approved in writing by the Contract Officer. 4.3 Force Maieure. The time for performance of services to be rendered pursuant to this Agreement may be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of Consultant, including, but not limited to, acts of Rovlsed Ju1y200G ,u7c,iv God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine restrictions, riots, strikes, freight embargoes, and unusually severe weather if Consultant shall within ten(10) days of the commencement of such condition notify the Contract Officer who shall thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing the services for the period of the enforced delay when and if in the Contract Officer's judgment such delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties to this Agreement. 4.4 Term. Unless earlier terminated in accordance with Section 8.5 of this Agreement, this Agreement shall continue in full force and effect for a period of Two months, commencing on September 5, 2006, and ending on November 5, 2006, unless extended by mutual written agreement of the parties. 5. COORDINATION OF WORK 5.1 Representative of Consultant. The following principal of Consultant is hereby designated as being the principal and representative of Consultant authorized to act in its behalf with respect to the services and work specified herein and make all decisions in connection therewith: Greg Endo, Principal. It is expressly understood that the experience, knowledge, education, capability, and reputation of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. The foregoing principal may not be changed by Consultant without prior written approval of the Contract Officer, 5.2 Contract Officer. The Contract Officer shall be the Director of Public Works/City Ungincer, or his/her designee. It shall be the Consultant's responsibility to keep the Contract Officer, or his/her designee, fully informed of the progress of the performance of the services and Consultant shall refer any decisions that must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. 5.3 Prohibition Against Subcontracting or Assi nment. The experience, knowledge, education, capability, and reputation of Consultant, its principals and employees, were a substantial inducement for City to enter into this Agreement. Therefore, Consultant shall not contract with any other individual or entity to perform in whole or in part the services required hereunder without the express written approval of City. In addition, neither this Agreement nor any interest herein may be assigned or transferred, voluntarily or by operation of law, without the prior written approval of City. 5.4 Independent Contractor. Neither City nor any of its employees shall have any control over the tnanner, mode, or means by which Consultant, its agents or employees, perfonn the services required herein, except as otherwise set forth herein. Consultant shall perform all services required herein as an independent contractor of City and shall not be an employee of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role; however, City shall have the right to review Consultant's work product, result, and advice. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. 9r(19, 3 Revised July 2006 6. INSURANCE Consultant shall procure and maintain, at its sole cost and expense, policies of insurance as set forth in Exhibit "B", which is attached hereto and is incorporated herein by reference. 7. INDEMNIFICATION. To the fullest extent permitted by law, Consultant shall defend (at Consultant's sole cost and expense), indemnify, protect, and hold harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all liability, actions, suits, proceedings, claims, demands, losses, costs,judgments, damages, expenses, including legal costs and attorneys' fees, and causes of action for injury to or death of person or persons, for damage to property, including property owned by City, for any violation of any federal, state, or local law or ordinance, and for errors and omissions committed by Consultant, its officers, employees, representatives, and agents, arising out of or related to Consultant's performance under this Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit Consultant's indemnification obligation or other liability hereunder, 8. RECORDS AND REPORTS 8.1 Reports. Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement as the Contract Officer shall require. 8.2 Records. Consultant shall keep such books and records as shall be necessary to properly perform the services required by this Agreement and enable the Contract Officer to evaluate the performance of such services. The Contract Officer shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. Q Revlsctl July 2006 50]Gl9 2 8.3 Ownership of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights or ownership of the documents and materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall have an unrestricted right to use the concepts embodied therein. 8.4 Release of Documents. All drawings, specifications, reports, records, documents, and other materials prepared by Consultant in the performance of services under this Agreement shall not be released publicly without the prior written approval of the Contract Officer. 8.5 Cost Records. Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred while performing under this Agreement and shall male such materials available at its offices at all reasonable times during the term of this Agreement and for three (3) years from the date of final payment for inspection by City and copies thereof shall be promptly furnished to City upon request. 9. ENFORCEMENT OF AGREEMENT 9.1 California Law. This Agreement shall be construed and interpreted both as to validity and to performance of the parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of California, or any other appropriate court in such county, and Consultant covenants and agrees to submit to the personal jurisdiction of such court in the event of such action. 9.2 Waiver. No delay or omission in the exercise of any right or remedy of a non- defaulting party on any default shall impair such right or remedy or be construed as a waiver. No consent or approval of City shall be deemed to waive or rencler unnecessary City's consent to or approval of any subsequent act of Consultant. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement. 9.3 Rights and Remedies are Cumulative. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties are cumulative and the exercise by either party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. 9.4 LeL-al Action. In addition to any other rights or remedies, either party may take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory judgment, or any other remedy consistent with the purposes of this Agreement. 9.5 'Termination Prior to Expiration of Term. City reserves the right to terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to Consultant, except that where termination is due to the fault of Consultant and constitutes an sigh ,)2 5 Revised:July 200$ inunediate clanger to health, safety, and general welfare, the period of notice shall be such shorter time as may be determined by the City. Upon receipt of the notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all services rendered prior to receipt of the notice of termination and for any services authorized by the Contract Oflioer thereafter. Consultant may terminate this Agreement, with or without cause, upon thirty (30) days written notice to City. 10. CITY OFFICERS AND EMPLOYEES- NON-DISCRIMINATION 10.1 Non-Liability of City Officers and Em lovees. No officer or employee of City shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or breach by City or for any amount which may become due to the Consultant or its successor, or for breach of any obligation of the terms of this Agreement. 10.2 Covenant Against Discrimination. Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no discrimination or segregation in the performance of or in connection with this Agreement regarding any person or group of persons on account of race, color, creed, religion, sex, marital status, disability, sexual orientation, national origin, or ancestry. 11. MISCELLANEOUS PROVISIONS 11.1 Notice. Any notice. demand, request, consent, approval, or communication either party desires or is required to give to the other party or any other person shall be in writing and either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party may change its address by notifying the other parry of the change of address in writing. Notice shall be deemed communicated seventy-two (72) hours from the time of mailing if mailed as provided in this Section. To City: City of Palm Springs Attention: City Manager 3200 E. Tahquitz Canyon Way Palm Springs, California 92262 To Consultant: Greg Endo, Principal Endo Engineering 28811 Woodcock Drive Laguna Niguel, CA 92677-1330 11.2 Intcs<rated Agreement. This Agreement contains all of the agreements of the parties and cannot be amended or modified except by written agreement. 11.3 Amendment. This Agreement may be amended at any time by the mutual consent of the parties by an instrument in writing. 11.4 Severability. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability 6 Revised'July 2006 shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement, which shall be interpreted to carry out the intent of the parties hereunder. 11.5 Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by so executing this Agreement the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as oC the dates stated below. "CITY" City of Palm Springs Date:_ � � b �09b I3y: !� = David H. Ready City Manager APPROVED BY CI M AGIR ATTEST 7 es Thompson, City Clerlc "CONSULTANT" (Endo Fngineering) 12yi2Ca6 Date: g By (nam (Title) 7 Revised July 2006 SUJM1V)_ EXHIBIT "A." SCOPE, OF SERVICES To permit City to focus on refining the General Plan Circulation Element Update and modeling process for those areas of greatest concern, Consultant shall conduct a detailed peak hour evaluation of the specific areas where potential capacity constraints may occur upon General Plan Buildout. Available peak season midday and evening peals hour turning movement count data for twelve intersections will be utilized in conjunction with the daily traffic projections for General Plan Buildout (provided by the City of Palm Springs) to develop General Plan Buildout midday and evening peak hour turning movement projections. Consultant has current peak season midday and evening peak hour turning movement traffic count data for nine of the intersections of interest and counts from late September 2004 for one intersection. New counts shall be initialed at the other two intersections. The existing turning movement volumes will be proportionally increased to represent buildout year turning movement projections by multiplying them by the ratio of buildout year daily traffic divided by current daily traffic volumes on both intersection legs associated with each turning movement. The resulting peak hour turning movement projections will be evaluated to identify the intersection control delay and peak hour levels of service upon General Plan Buildout. Use the input parameters below regarding the addition of intersection approach lanes, when mitigation is required to achieve LOS D operation. It entails assuming the existing approach lane configurations and adding localized capacity enhancements at intersections (such as (taring to accommodate additional turn lanes) in an effort to maintain network continuity. In most cases, this type of localized improvement will be more cost effective than upgrading a roadway segment with additional through lanes. Consideration will be given to the use of additional through lanes only when warranted based upon the effectiveness of the additional lane in mitigating the impact identified. If specified by City staff, a different procedure can be followed regarding the addition of future approach lanes at the intersections to achieve LOS D operation. The Highway Capacity Software (HCS) detailed reports shall be provided for each intersection with a letter report summarizing in tabular format the peak hour intersection control delay, volume-to-capacity ratio, and level of service values. Graphics shall be provided depicting the existing intersection approach lanes, the future approach lanes, and the projected General Plan Buildout turning movement volume projections for each intersection evaluated. 8 Revised July 2006 sp'G iy EXHIBIT "A" SCHEDULE AND COMPENSATION Consultant will complete the tasks outlined above within fifteen working days of receipt of Notice to Proceed. The required tasks will be performed on a "time and materials" basis, not to exceed the sum of$450 per intersection. In addition, cost of new peak hour turning movement traffic counts at the intersections of East Palm Canyon Drive @ Sunrise Way and East Palm Canyon Drive @ Farrell Drive shall be an additional budget of$220 per intersection. This fee estimate does not include attendance at meetings, workshops or public hearings. However, Consultant shall be available for consultation by telephone, facsimile, or electronic mail. Intersections requiring analysis are: Vista Chino @ Palm Canyon Drive Vista Chino @ Sunrise Way Vista Chino @ Farrell Drive Vista Chino @ Gene Autry Trail Ramon Road @ Sunrise Way Ramon Road @ Farrell Drive Ramon Road @ Gene Autry Trail Ramon Road @ Crossley Road E Palm Canyon Dr @ Sunrise Way E Palm Canyon Dr @ Farrell Drive i E Palm Canyon Dr @ Gene Autry Trail E Palm Canyon Dr @ Golf Club Drive Fee not to exceed $450 x 12 intersections = $5,400 New peak hour turning movement counts at: E Palm Canyon Dr @ Sunrise Way E Palm Canyon Dr @ Farrell Drive Fee not to exceed $220 x2 for the two intersections listed directly above = $440. Total fees not to exceed $5,840 Work to be on a "time and materials" basis in accordance witli the attached hourly rates. Analysis shall assume configuration below: If mitigation is required to achieve the City minimum intersection performance standard of LOS D, signal lengths shall be varied if appropriate. Next, localized capacity enhancements at intersections (such as flaring to accommodate additional turn lanes) shall be considered in an effort to maintain network continuity. In most cases, this type of localized improvement will be more cost effective than upgrading a roadway segment with additional through lanes. Consideration shall be given to the use of additional through lanes only when warranted, based upon the effectiveness of the additional lane in mitigating the impact. 9 Revised July 2006 di LVl_ EXHIBIT "A" SCHEDULE AND COMPENSATION (cont.) Classification Hourly Rate Principal/Professional $130 Director/Associate Engineer $110 Project Manager S 70 Associate Project Manager $ 40 Technician $ 25 Signalized Intersection Analysis Input Parameters Since all of the intersections are currently signalized, the midday and evening peak hour control delay and levels of service shall be evaluated utilizing the operational methodology outlined in Chapter 16 Section 11 of the Transportation Research Board publication entitled Highway Capacity Manual (11CM 2000). HCS 2000 Version 4.1c shall be employed to evaluate the intersections with the following input parameters. Parameter Value Base Saturation Flow Rate 1900 Passenger Cars/Hour/Lane Heavy Vehicle Factor 5% GP Buildout 1C Factor 8% Daily Volume in Peale Hour Peak Hour Factor (PHF) 1.0 Grade Level Exclusive Left-Turn Lane Peale Hour Volume> 100 Dual Left-Turn Lane Peak Hour Volume> .300 Exclusive Right-Turn Lane Peak Hour Volume > 300 Minimum Green Time 5 Seconds Per Movement Minimum Pedestrian Crossing Time 10 Seconds + 4 Seconds Yellow/Red Time Cycle Length' 90 to 120 Seconds a The City may wish to specify the existing cycle lengths at the intersections Otherwise, optimal cycle lengths shall be developed with the HCS model. Maximum lane assumptions: Major— 3 throughs, 2 lefts, 1 right Secondary — 2 throughs, 2 lefts, 1 right Loss Time Assumptions Major Street Minor Street Number of Phases Lost Time Protected Protected Four 16 Seconds Protected Permitted Three 12 Seconds Permitted Protected Three 12 Seconds Permitted Permitted Two 8 Seconds 10 Revlsc6 duly 2006 EXHIBIT "B" INSURANCE Consultant shall procure and maintain, at its sole cost and expense, and submit concurrently with its execution of this Agreement, in a form and content satisfactory to City, public liability and property damage insurance against all claims for injuries against persons or damages to property resulting from Consultant's performance under this Agreement. Consultant shall also carry workers' compensation insurance in accordance with California workers' compensation laws. Such insurance shall be kept in full force and effect during the term of this Agreement, including any extension thereof, and shall not be cancelable without thirty (30) days written notice to City of any proposed cancellation. Certificates of insurance evidencing the foregoing and designating the City, its elected officials, officers, employees, agents, and volunteers as additional named insureds by original endorsement shall be delivered to and approved by City prior to commencement of services. The procuring of such insurance and the delivery of policies, certificates, and endorsements evidencing the same shall not be construed as a limitation of Consultant's obligation to indemnify City, its elected officials, officers, agents, employees, and volunteers. A. Minimum Scope of Insurance. The minimum amount of insurance required hereunder shall be as follows: l_ Comprehensive general liability and personal injury with limits of at least one million dollars ($1,000,000.00) combined single limit coverage per occurrence; 2. Automobile liability insurance with limits of at least five hundred thousand dollars($500,000.00)per occurrence; 3_ Workers' Compensation insurance in the statutory amount as required by 01e State of California and Employer's Liability Insurance with limits of at least $1 million per occurrence. For any claims related to this Agreement, Consultant's insurance coverage shall be primary insurance as respects City and its respective elected officials, officers, employees, agents, and volunteers. Any insurance or self-insurance maintained by City and its respective elected officials, officers, employees, agents, and volunteers shall be in excess of Consultant's insurance and shall not contribute with it. For Workers' Compensation and Employer's Liability Insurance only, the insurer shall waive all rights of subrogation and contribution it may have against City, its elected officials, officers, employees, agents, and volunteers. B. Sufficiency of Insurers. Insurance required herein shall be provided by authorized insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State of California with an A.M. Best's Key Rating of A-, Class 'VII, or better,unless otherwise acceptable to the City. t ReMed:July 2006 507639 2 C. Verification of Coverage. Consultant shall furnish City with both certificates of insurance and endorsements, including additional insured endorsements, effecting all of the coverages required by this AgreemenL The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the right to require Consultant's insurers to provide complete, certified copies of all required insurance policies at any time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation policies. D. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its elected officials, officers, employees, agents, and volunteers; or, Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses. E. Severability of Interests (Separation of Insureds)_ This insurance applies separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 12 Revised July 2006 Sfl7('f9