HomeMy WebLinkAboutC-8229-1 - PSA for Pavement Management Program Services3W
N PROFESSIONAL SERVICES AGREEMENT
1
WITH BUCKNAM INFRASTRUCTURE GROUP, INC. FOR
U PAVEMENT MANAGEMENT PROGRAM SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ("Agreement") is made and
entered into as of this 19th day of September, 2016 ("Effective Date"), by and between
the CITY OF NEWPORT BEACH, a California municipal corporation and charter city
("City"), and BUCKNAM INFRASTRUCTURE GROUP, INC., a California corporation
("Consultant"), whose address is 3548 Seagate Way, Suite 230, Oceanside, California
92056, 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 provide pavement inspection and data
management services for the City's Pavement Management Program for Fiscal
Years 2016/2017 and 2017/2018 ("Project").
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the professional services described in this Agreement.
D. 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:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on December 31, 2018, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
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"). City may elect to delete certain Services within the Scope of Services at its
sole discretion.
3. TIME OF PERFORMANCE
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.
3.2 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) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Consultant shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein 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.
3.4 For all time periods not specifically set forth herein, Consultant shall
respond in the most expedient and appropriate manner under the circumstances, by
hand -delivery or mail.
4. COMPENSATION TO CONSULTANT
4.1 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
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 Forty Eight
Thousand Nine Hundred Seventy Two Dollars and 00/100 ($48,972.00), 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) calendar 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.
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
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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.
5. PROJECT MANAGER
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 Peter Bucknam 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 City.
6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. City's
Public Works Director or designee 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
To assist Consultant in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Consultant, one copy of all
existing relevant information on file at City. City will provide all such materials in a
timely manner so as not to cause delays in Consultant's Work schedule.
8. STANDARD OF CARE
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 community professional standards
and with the ordinary degree of skill and care that would be used by other reasonably
competent practitioners of the same discipline under similar circumstances. 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
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conforms to the requirements of this Agreement, all applicable federal, state and local
laws, and legally recognized professional standards.
8.2 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.
8.3 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,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims'), which may arise from or in any manner
relate (directly or indirectly) to any breach of the terms and conditions of this
Agreement, any Work performed or Services provided under this Agreement including,
without limitation, defects in workmanship or materials or Consultant's presence or
activities conducted on the Project (including the negligent, reckless, and/or willful acts,
errors and/or omissions of Consultant, its principals, officers, agents, employees,
vendors, suppliers, consultants, 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 or willful misconduct of the Indemnified Parties. Nothing in this
indemnity shall be construed as authorizing any award of attorneys' 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
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
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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 Consultant 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 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
insurance of the type, amounts, terms and conditions described in the Insurance
Requirements attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
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 co -tenancy, which shall result in changing
the control of Consultant. Control means fifty percent (50%) or more of the voting
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power or twenty-five percent (25%) or more of the assets of the corporation, partnership
or joint -venture.
16. SUBCONTRACTING
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. City is an intended beneficiary
of any Work performed by the subcontractor for purposes of establishing a duty of care
between the subcontractor and 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, including but not limited to, websites, blogs, social media accounts
and applications (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. Additionally, all material posted in
cyberspace 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, including all logins and password information 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
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 written documents shall be transmitted to City in formats compatible
with Microsoft Office and/or viewable with Adobe Acrobat.
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18. 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.
19. INTELLECTUAL PROPERTY INDEMNITY
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.
20. 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.
21. 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 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.
22. 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.
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23. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS
City reserves the right to employ other Consultants in connection with the
Project.
24. CONFLICTS OF INTEREST
24.1 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.
24.2 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.
25. NOTICES
25.1 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.
25.2 All notices, demands, requests or approvals from Consultant to City shall
be addressed to City at:
Attn: David A. Webb, Public Works Director
Public Works Department
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
25.3 All notices, demands, requests or approvals from City to Consultant shall
be addressed to Consultant at:
Attn: Peter Bucknam
Bucknam Infrastructure Group, Inc.
3548 Seagate Way, Suite 230
Oceanside, CA 92056
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26. CLAIMS
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. Consultant and City expressly agree that in addition to any claims filing
requirements set forth in the Agreement, Consultant shall be required to file any claim
Consultant may have against City in strict conformance with the Government Claims Act
(Government Code sections 900 et seq.).
27. TERMINATION
27.1 In the event that either party fails 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.
27.2 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.
28. PREVAILING WAGES
Pursuant to the applicable provisions of the Labor Code of the State of California,
not less than the general prevailing rate of per diem wages including legal holidays and
overtime Work for each craft or type of workman needed to execute the Work
contemplated under the agreement shall be paid to all workmen employed on the Work
to be done according to the agreement by the Consultant and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of
Industrial Relations has ascertained the general prevailing rate of per diem wages in the
locality in which the Work is to be performed for each craft, classification, or type of
workman or mechanic needed to execute the agreement. A copy of said determination
is available by calling the prevailing wage hotline number (415) 703-4774, and
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requesting one from the Department of Industrial Relations. The Consultant is required
to obtain the wage determinations from the Department of Industrial Relations and post
at the job site the prevailing rate or per diem wages. It shall be the obligation of the
Consultant or any subcontractor under him/her to comply with all State of California
labor laws, rules and regulations and the parties agree that the City shall not be liable
for any violation thereof
29. STANDARD PROVISIONS
29.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
29.2 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.
29.3 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.
29.4 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.
29.5 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.
29.6 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.
29.7 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.
29.8 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.
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29.9 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.
29.10 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 race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
29.11 No Attorneys' Fees. In the event of any dispute or legal action arising
under this Agreement, the prevailing party shall not be entitled to attorneys' fees.
29.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Bucknam Infrastructure Group, 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 ATr Rf EY'S OFFICE
Date: �j I
CITY OF NEWPORT BEACH,
a California municipal corporation
Date: 110
I^ 1
By: By: /
Aaron C. Harp David A. Webb
City Attorney °��Public Works Director
ATTEST:
Date: lb.,
�. 10
By:
__aA
Leilani I. Brown
City Clerk+��
CONSULTANT: Bucknam Infrastructure
Group, Inc., a California corporation
Date:
Signed in Counterpart
By:
Peter Bucknam
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY AT TN Y'S OFFICE
Date:
'DN
B A--,--
Y-
Aaron C. Harp
City Attorney
ATTEST:
Date:
By:
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
David A. Webb
Public Works Director
CONSULTANT: Bucknam Infrastructure
Group, Inc., a California corporation
Date: moi' -ZZ
By:
Peter Buck am
President
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
EXHIBIT A
SCOPE OF SERVICES
Bucknam Infrastructure Group, Inc. Page A-1
August 16, 2016
Mr. Ben Davis
City of Newport Beach
Public Works Department
3300 Newport Boulevard
Newport Beach, CA 92663
Subject: Proposal for Pavement Management Program Services — FY 2016/2018
Dear Ben:
It is our pleasure to submit our proposal to assist the City in continuing the proactive management of the
City's Pavement Management Program (PMP). With the City of Newport Beach's PMP moving toward
automation through condition survey updates, Capital Improvement reporting (CIP), and GIS development,
Bucknam Infrastructure Group, Inc. has identified a proactive and cost efficient method to assist the City in
the continued success of the PMP program. Our team will focus our high-end pavement management
expertise, annual working knowledge of Newport Beach's MicroPAVER dataset and GIS technology to
optimize the City's management of the essential infrastructure management programs.
Our services will build upon the earlier success of our 2008-16 pavement management program services
with cost -conscience pavement inspections, annual work history updates, additional CIP reporting,
alternative budgetary reporting, GIS support for the PMP and general database management.
By selecting Bucknam, the City of Newport Beach will continue to receive a strong, knowledgeable,
innovative and communicative team with the experience to implement a cost-effective pavement
management program. Our handpicked pavement management professionals are committed to delivering
quality services to the City. Mr. Peter Bucknam will represent our firm for this project and can be contacted
at 760-216-6529 (work) 714-501-1024 (cell) or email at peter@bucknam-inc.com.
Due to our long-term service to Newport Beach, Bucknam will continue to utilize our previous hourly rates
for the next two fiscal years. In order to streamline project management and work schedules, all work
efforts will be conducted through our offices in Oceanside and Laguna Niguel, CA
Respectfully submitted,
Bucknam Infrastructure Group, Inc.
w=
Peter J. Bucknam
Project Manager
BUCK NAM IN=RASTRUCTURE GROUP, INC.
3548 Seagate way, Suite 230 Oceanside, CA 92056
T. 760.216.6529 F. 760216.6549
l .bucknam-inc.conn
Scope of Work
ss
Project Understanding /Approach
We have defined detailed phases to the scope of work;
1. Project Implementation
2. Client Satisfaction
3. Project Schedule
4. Scope of Work (Major Tasks)
5. Optional Services (i.e. Digital Roadway Imaging — Infrastructure)
1) Project Implementation
Task 1.1: Management & Administration — Project Kickoff
The first step in implementing a successful pavement management program truly
resides in frequent communication and timely scheduled data updates. For the City of
Newport Beach it will be essential to establish, up front, the Engineering and Street
Maintenance pavement management priorities. Our team will set a Project Kickoff
meeting to further discuss and review in detail the expectations of the project, technical
approach and the review of schedule and budget.
This effort will build consensus between the Street Maintenance and Public Works
departments as well as build stronger ARTERIAL and LOCAL maintenance programs.
The first key topics to be discussed will include the review and assessment of the
existing Micro PAVER pavement plan/data, Measure M compliance, survey areas, new
construction, data quality and condition, current pavement procedures, historical
expenditure levels, and desired service levels.
During the project several project assessment meetings and project status meetings will
be held to ensure that the major scope tasks and project schedule are being adhered
too.
Task 1.2: Project Status Meetings — Quality Control Program
Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status
meetings) — minimum of eight (8) hours
• Field review meetings
• Monthly progress status reports will be delivered to City project manager
Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field
technician's work. In this manner, 10 percent of the original annual surveys will be re-
Scope of Work
surveyed by an independent survey crew, supervised by a field supervisor, and the
results will be compared to the original surveys.
Our QC process involves checking the field crews' work in a "blind study" fashion.
Quality control checks will be performed at the end of each survey week. This will
ensure that all field personnel are properly collecting distresses and pavement
quantities for all street segments. Since we are collecting distress information on our
field Tablets with the Newport Beach MicroPAVER database live, our staff will perform
several quality control tests within the pavement management software using a
sample set of the City of Newport Beach's street distress data. This will ensure that all
system and analysis settings as well as City recommendations and standards are being
followed.
As shown within the OCTA "Countywide Pavement Management Program, Guidelines
Manual (January 2016)", our staff will follow and deliver on the requirements stated on
Section 2.4, page 8 which require specific QA/QC data. All general draft and final
reporting will follow the Chapter 3 guidelines. Over the past year, Bucknam has
already submitted sixteen (16) OCTA Measure M2 compliant reports for OC
municipalities, they include:
Brea
Huntington Beach
Newport Beach
Santa Ana
................ ... ......... ........
........ .........
Costa Mesa
......... .........
Irvine
....
RSM ....
Fullerton
.............. ........
....................................................-...................................................................;.........................
Laguna Hills....._.....:._.._..._Laguna
Beach
Fountain Valley
.................................Tustin......................................SeaLBeach................
i San Juan Capo
Westminster
Aliso Viejo
Our surveys follow the accepted OCTA walking/windshield requirements. A copy of the
QA/QC plan utilized by our staff during the project will be submitted along with the PMP
certification documents.
Our staff has already attended the OCTA MicroPAVER Distress Training Class held in
November, 2011, 2012, 2013, 2014, 2015. In March, 2016 our staff was acknowledged
as having "qualified inspectors and firm" to prepare Pavement Management Plans
compliant with the OCTA Countywide Pavement Management Guidelines (this
compliance runs through June 2018).
Deliverable: Monthly Project Status reports, field review and project status meetings,
compliance with OCTA QA/QC Plan
2) Client Satisfaction
Task 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project
deliverables. Client satisfaction will derive from frequent communication with the
Project Manager and key staff members from the Engineering and Street Maintenance
departments. Project success is created by delivering on three main factors;
1-2
Scope of Work (9
1. Adherence to scope tasks and deliverables
2. Performing to the standard set by the Project Schedule; and
3. Controlling costs. Our Project Manager will follow each of these factors
throughout the duration of the project
Deliverable: Project Status Updates, as stated in Task 1.2
1-3
Scope of Work (ci4tena'�n ��"'°�aF
3) Project Schedule
Task 3.1: Work Flow/ Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as
quality control milestones and meetings. Bucknam currently has ample staff to apply to
this project in order to meet an aggressive schedule (two field technicians will drive the
proactive schedule).
See key milestone dates from the project schedule below:
• Project Kickoff — October 12, 2016
• Survey Completion —January 11, 2017
• Delivery of draft PMP —January 18, 2016
• City comments returned to Consultant — January 25, 2016
• Delivery of City CIP Final Report — February, 2016
o All necessary OCTA data, reporting and revenue projections will be submitted
prior to June 30, 2017 (no later than March, 2017)
• Submittal to OCTA of MicroPAVER Certification conforming to Renewed Measure M2
Eligibility Guidelines— March, 2017
• Implementation of MicroPAVER version 6.5/7.0 — Any time after acceptance of Final
PMP
o One copy of the MicroPAVER database will be delivered
o All pavement and GIS data pertinent to the project deliverables will be
submitted with the Final PMP report
1-4
Scope of Work
9
4) Scope of Work (Major Tasks)
TASK 4.1: Micro PAVER Management — Work History
Based on the pavement maintenance that has been performed by in-house staff as well as
contractual maintenance, our staff will review all street and alley activities that have been
performed since the last 2015-16 PMP update (one year of data). This data will be entered into
MicroPAVER v6.5 to enhance pavement deterioration analysis and the recommendations for the
upcoming budgetary analysis and CIP reporting.
TASK 4.2: Conduct Pavement Inspections
2016-17 Survev
Once the pavement segmentation has been assessed and verified, the inspection of
approximately 82.4 miles of MPAH, Arterial /Collector segments will be performed.
Additionally, based on the City's ongoing local maintenance schedule Bucknam staff will survey
70 miles of the local network (Zones 1, 2, and 3, includes 17.4 miles of alleys). Our survey
methodology will include the following approach based on the OCTA reporting guidelines:
1. Walking All sections are surveyed through walking methodologies. Distress types will be
collected based upon actual surface conditions and physical characteristics of the
segment. Surveying methods will be conducted by remaining consistent with
Micro PAVER & the Army Corp of Engineers sampling guidelines while being flexible to
current City requirements.
All sample locations are observed through walking surveys; additional street factors
such as unique distress areas found outside our sample areas will be recorded.
According to the OCTA guidelines, Newport Beach MPAH pavement sections are to be
surveyed for the upcoming 2016 PMP update:
• The inspection of approximately 82.4 miles of MPAH Arterial segments and 70 miles
of Locals will be performed — OCTA compliance requirement (based on last
inspection dates);
• Recent slurry seal and overlay maintenance will reduce total mileage of survey —
TBD;
• 17.4 miles of Alley sections will be surveyed within the appropriate zones; and
• No private streets will be surveyed under this effort.
1-5
Scope of Work
2017-18 Survey
Based on the City's request, Bucknam staff will survey 93
miles of the local network (Zones 4, 5, 6, and 7, includes 11.8
miles of alleys). All MicroPAVER — Army Corps of Engineers
field survey requirements will be followed. Alley sections will
be surveyed within the appropriate zones; no private streets
will be surveyed under this effort.
Our use of MicroPAVER-Tablet units allows our staff to
collect pavement data with the City of Newport Beach's
MicroPAVER database live in the field. At the end of the day all electronic data is transferred to
our office for quality control and management.
Our Tablet methodology sets us apart from the competition since we are using a paper -less
inventory process to enter data; this in turn generates cost savings to enhance the project
schedule and other portions of the project such as CIP reporting, MicroPAVER training, and
on-call services.
Roadway Verification Survey- A listing of the field attribute data that is updated/verified during
the survey for the pavement management database is listed below (OCTA survey guidelines will
be followed):
1. Field Attribute Data (updated and/or verified)
:• From/to, indicating the assigned limits of the section, sample test areas, street name, a
street codification
Street ranking indicating local, alley, arterial, collector, # of lanes, surface type
Historical PCI tracking from previous inspections and 2012 PCI inspections
Segment quantities, indicating the length, width, and total true area of the section
ADTvolumes (if available from previous reports or City documents)
2. Conditional data will be evaluated for all street segments and will include:
°a MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area
PCI ratings (0-100), taking into account the surface condition, level of distress
Other known or found environmental issues (standing water, site condition, etc.)
We welcome staff members from the City of Newport Beach to join our surveys. All pavement
data will be entered into the City's most current licensed software (version 6.5, in -hand now). If
the City has not obtained the most recent version of MicroPAVER we will assist the City in
purchasing the software upgrade (purchase of the MicroPAVER v7 is not currently included
within our proposed fee). All items listed above will be maintained by our staff for the duration
1-6
Scope of Work
of this project. Data management will be performed in-house at our Oceanside office. At the
completion of the project, the MicroPAVER database will be placed within your information
services/communication network.
3. Section Distress and PCI Reporting
Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI
Reports and PCI GIS maps that document the conditions of all pavement segments. This report
will provide the necessary information within MicroPAVER for the City to use and manipulate
projected street rehabilitation and maintenance projects.
Included in the report will be updated pavement performance curves and maintenance decision
models. The City and our staff will review the PCI reports to ensure that all inventory data is
correct and the project is running smoothly.
Our Report that will include:
PCI report - Sorted by Name (A to Z), PCI Order (0-100), Zone (1, 2, 3, etc.)
Pavement segment and PCI "Variance Report"
4• Graphical representation of conditions
v Condition Report Analysis for each segment
Work history report
GIS Maps presenting PCI finding by zone and by section
Once the City has reviewed, assessed and commented on the draft report, we will address all
comments made and deliver the final reports.
Deliverable: Citywide PCI reports, compliant OCTA PCI reports, updated MicroPAVER database
DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.3: Maintenance &CIP/Budgetary Analysis
We will assist the City in developing the most cost-effective preventative maintenance, repair and
rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss
and strategize maintenance activities that are currently being used by the City. Based on the
City's current AC & PCC applications and other maintenance practices used we will conduct an
historical and prospective analysis on the conditional and financial impact these practices have on
the pavement network. Based on our fiscal and deterioration analysis, we will present our results
and recommendations to City staff. This analysis will become an essential building block for the
2016-2023 maintenance programs.
We will establish a maintenance "decision tree" that will be used to generate pavement
recommendations that match current 2016 maintenance approaches. This will be accomplished
by assessing/updating the unique and individual deterioration curves within MicroPAVER based on
functional class (i.e. arterial, collector, local) and age.
1-7
Scope of Work
Our staff will review the Newport Beach's deterioration curves that have been developed based
on historical pavement condition, inspection, surface type, and road class. The curves will be
modified based on 2016 pavement conditions. The strategies that are typically reviewed are
rehabilitation and reconstruction (R&R), localized maintenance, slurry seals, and various overlay
types, the expected improvement in pavement condition, the life -cycle extension that would
result and the unit costs for maintenance.
All maintenance practices/unit costs will be integrated into MicroPAVER and will be derived from
the most recent construction bids for pavement rehabilitation. We will account for inflation rates
when long-term revenues projections are made.
Our Project Manager and Principal will work closely with City in defining repair and
rehabilitation strategies during each fiscal year and within each tract/area defined by the City.
Once the repair/rehabilitation strategies have been defined, the identification of a seven year
Forecasted Maintenance schedule will be generated.
The recommended budget scenarios will be identified on the basis of several criteria:
• Present pavement conditions; Desired levels of service and available resources
• Local Match Reduction guidelines identified by OCTA
• Scheduling with the City's maintenance zones and other capital projects (water,
sewer)
• Accrued backlog levels and stabilization of maintenance backlog
• Future routine maintenance needs based on projected deterioration rates
• Future OCTA and MPAH objectives and improving citywide weighted PCI
The primary emphasis of this task is to maximize the programming of street maintenance
projects using the most cost-effective strategies available and taking into account a life -cycle
cost analysis. A working "draft" Final Report will be generated for City staff to review. The Draft
and Final PMP report will include:
• Executive Summary / Findings and Recommendations
• Pavement Condition Index (PCI) reports;
• 7 -Year CIP identifying arterial and residential maintenance (per section)
recommendations (slurry, overlay, recon, etc.) associated with a construction cost
• Recommendations for LOCAL maintenance in "groupings" or zones.
• GIS mapping
Deliverable: Two copies of the Draft Pavement Management Program Report
1-8
Scope of Work
F
�
TASK 4A Citywide CIP/OCTA Compliance Reports
We will deliver the Final Report to the City which will be essential for staff reference and use as
well as presented in a way that is beneficial for elected officials/upper management.
This report will assist the City in complying with OCTA and its most recent Countywide PMP
Guideline requirements. The report will be prepared in a format that uses the information
delivered by MicroPAVER in conjunction with the information and analysis performed by our
team (identical to the report we delivered to OCTA every odd year). The report will provide the
City with information on:
Current inventory and pavement conditions indices (PCI) for all road classes
Projected annual rehabilitation programs for street maintenance for a 7 -yr period
(ARTERIAL and LOCAL Forecast Maintenance Reports) that show the largest return on
investment and acceptable levels of service
Modeling and comparison of budget scenarios typically include:
• Maintenance required to complete all streets within 7 -years
• Current / Actual budget projection (citywide approach)
• 7 -year CIP projection budget for OCTA submittal requirements
• Final Local Match Reduction budgetary models / results
• Strategies and recommendations for the City's maintenance programs and
procedures, including a preventative maintenance schedule
• Supporting documentation required by OCTA
• A detailed breakdown of deferred maintenance (backlog)
We will make a presentation of the results from the 2016-17 PMP update to City personal
and/or City Council if necessary.
Registered Engineer
Mr. Steve Bucknam, P.E. will supervise all operations, review all completed data and prepare
and sign a final report incorporating the results of our pavement evaluation and conditions. We
will provide engineered recommendations for pavement rehabilitation and replacement design
based upon field data and analysis.
Deliverable: Three (3) copies of the Final Pavement PMP Report (plus one original signed
by our Registered Engineer, CA No. 20903), in binder and electronic form (.pdf), will be sent to
the City. Bucknam will provide one (1) DVD copy that includes all final reporting documents,
PMP database and GIS files.
1-9
Scope of Work
TASK 4.5: Mapping and GIS
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As an enhancement and proactive approach to this project, our staff will update the existing
Pavement -GIS link between MicroPAVER and the City's GIS system. Our staff established this
link in 2008 and has updated the unique PMP -GIS layer every year. Our staff will review, with
City staff, all ongoing upcoming capital projects that may impact the GIS mapping delivered for
this project.
The maps described below will be incorporated into the City's Final PMP report:
i• PCI values for every section (24 x 36 color)
Work History identifications (24 x 36 color)
to 7 -yr Arterial / Local Rehabilitation and Slurry Seal Programs (24 x 36 color)
Functional classification maps (24 x 36 color)
Once the City has approved the Pavement Condition Report, we will update the necessary
MicroPAVER-GIS linkages (street names will be shown on all maps). By using the unique ID's
within the PMP and the City's ESRI street shapefile ID's, we will create a one-to-one match for
each pavement section in the GIS. Our staff will coordinate all project deliveries with the Public
Works and the GIS division to ensure that the most current and accurate PMP -GIS maps are
represented within the City's GIS enterprise.
Deliverable: Complete GIS files/themes based on list above (shapefiles).
TASK 4.6: As -Needed Services
Pavement Management Program Support
Bucknam will provide annual support for a period of two years where we will provide quality
and accurate use of the in-house operation of MicroPAVER software. Once the City has
approved the Pavement Condition Index Report under this years work effort, this service will
become active. Our typical On -Call services include:
NN As -needed services will assume 16 man-hours
NN Additional budget scenarios, general reporting, deterioration studies
!� Additional visual inspections above the mileage amount indicated in Task 3
Additional pavement management — GIS mapping
Additional MicroPAVER training, operation use
Enter annual work ARTERIAL and LOCAL maintenance records
1-10
Scope of Work
w
Also, if requested, Bucknam will assess and review the City's upcoming maintenance schedule
for that fiscal year. The agreement will continue to include the provision of onsite and
telephone support for the City staff.
*All work as described above will be submitted prior to March of each corresponding fiscal year
OCTA PMP QUALIFICATIONS
Shown below is OCTA's verification that Bucknam Infrastructure Group, Inc. is prequalified to
prepare Pavement Management Plans. Buckram is "qualified" until June, 2018.
Peter,
June 30, 2018.
May Hout
Senior Transportation Funding Analyst
Orange County Transportation Authority
6407 S Main Street I Orange, CA 92868 or
P.O. Box 14184 1 Orange, CA 92863-1584 [For Fed -Ex)
Y: (714) 560-5945
E2 mhoutdDoaa,net
APlease consider the environment before printing this e-mail.
From: Peter(abucknam.net [mailto:peterPbucknam.net]
Sent: Tuesday, August 09, 2416 4:47 PM
To: May Hout <mhout@acta.net>
Subject: Certification expiration - Bucknam Infrastructure
Importance: High
May, can you verify if Buckram Infrastructure's "prequalified" status for the PMP is until June, 2017 or
June, 2018, thanks.
Peter Buckram
President
BUCKNAM INFRASTRUCTURE GROUP, INC.
EXHIBIT B
SCHEDULE OF BILLING RATES
Bucknam Infrastructure Group, Inc. Page B-1
Scope of Work U r
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Standard Hourly Rate Schedule
Category Rate
Principal
$ 250
Senior Project Manager
210
Senior Engineer/ Planner
180
Construction Manager
172
Management Analyst
160
Project Engineer / Planner
155
Pavement Management Project Manager
165
Sr. Engineer / Sr. Technician / Sr. GIS Planner / Sr. Inspector
130
Assistant Engineer / Technician / GIS Planner / Inspector
125
CADD Operator
105
Administrative Assistant
100
Field Technician
82
Clerical/ Word Processing
75
Forensic Services
Quote
Reimbursables
Mileage
$ 0.65/mile
Subconsultant Services
Cost + 15%
Reproduction
Cost + 15%
Travel & Subsistence
Cost + 15%
Fees & Permits
Cost + 15%
Computer Services (External)
Cost + 15%
Rates Effective 9/1/16
5-3
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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
employee 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 City Council,
boards and commissions, officers, agents, volunteers and employees.
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.
Bucknam Infrastructure Group, Inc. Page C-1
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 City Council, boards and commissions, officers, agents,
volunteers and employees 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, its City Council, boards and commissions, officers, agents,
volunteers and employees 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 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.
Bucknam Infrastructure Group, Inc. Page C-2
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. 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 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 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.
Bucknam Infrastructure Group, Inc. Page C-3
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 10/3/16
Date Completed: 10/3/16
Dept./Contact Received From: Raymund
Sent to: Raymund By:
Company/Person required to have certificate: Bucknam Infrastructure Group
Type of contract: Public Works
Alicia
GENERAL LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/16/16-9/16/17
A. INSURANCE COMPANY: Citizens Ins Cc of America
B. AM BEST RATING (A-: VII or greater): A: XV
C. ADMITTED Company (Must be California Admitted):
Is Company admitted in California? ® Yes ❑ No
D. LIMITS (Must be $1 M or greater): What is limit provided?
E. ADDITIONAL INSURED ENDORSEMENT—please attach
F. PRODUCTS AND COMPLETED OPERATIONS (Must
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
G. ADDITIONAL INSURED FOR PRODUCTS AND
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
its officers, officials, employees and volunteers): Is it
included?
I. PRIMARY & NON-CONTRIBUTORY WORDING (Must be
included): Is it included?
J. CAUTION! (Confine that loss or liability of the named insured
is not limited solely by their negligence) Does endorsement
include "solely by negligence' wording?
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
L. NOTICE OF CANCELLATION:
II. AUTOMOBILE LIABILITY
EFFECTIVE/EXPIRATION DATE: 9/16/16-9/16/17
A. INSURANCE COMPANY: Citizens Ins Cc of America
llvl/2M
® Yes ❑ No
® Yes ❑ No
® Yes ❑ No
® Yes
❑ No
❑ Yes
® No
® N/A ❑ Yes
❑ No
❑ N/A ® Yes
❑ No
B. AM BEST RATING (A-: VII or greater) A: XV
C. ADMITTED COMPANY (Must be California Admitted):
Is Company admitted in California?
® Yes ❑ No
D. LIMITS - If Employees (Must be $1 M min. BI & PD and $500,000
UM, $2M min for Waste Haulers): What is limits provided?
1M
E. LIMITS Waiver of Auto Insurance / Proof of coverage ('d individual)
(What is limits provided?)
N/A
F. PRIMARY & NON-CONTRIBUTORY WORDING (For Waste
Haulers only):
® N/A ❑ Yes ❑ No
G. HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ❑ Yes ® No
H. NOTICE OF CANCELLATION:
0 N/A 0 Yes ❑ No
III. WORKERS' COMPENSATION
EFFECTIVE/EXPIRATION DATE: 9/16/16-9/16/17
A.
INSURANCE COMPANY: Hanover American Ins Cc
B.
AM BEST RATING (A-: VII or greater): A: XV
C.
ADMITTED Company (Must be California Admitted):
® Yes ❑ No
D.
WORKERS' COMPENSATION LIMIT: Statutory
® Yes ❑ No
E.
EMPLOYERS' LIABILITY LIMIT (Must be $11M or greater)
IM
F.
WAIVER OF SUBROGATION (To include): Is it included?
® Yes ❑ No
G.
SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
® N/A ❑ Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
Approved: ( I
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
10/3/16
Date
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® N/A ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non -admitted carrier rated less than
Self Insured Retention or Deductible greater than $ ) ❑ N/A ❑ Yes ❑ No
Reason for Risk Management approval/exception/waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.