HomeMy WebLinkAboutC-5942 - PSA for FY2015-2016 Pavement Management Program Services•J
v PROFESSIONAL SERVICES AGREEMENT
'n WITH BUCKNAM INFRASTRUCTURE GROUP, INC. FOR
`J FY 2015 -2016 PAVEMENT MANAGEMENT PROGRAM SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT ( "Agreement') is made and
entered into as of this 25th day of September, 2014 ( "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 management services of the City's
Pavement Management Program for Fiscal Years 201412015 and 2015/2016
( "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, 2016, 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 Four Hundred Eleven Dollars and 001100 ($48,411.00), 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 the highest professional
standards. For purposes of this Agreement, the phrase "highest professional
standards" shall mean those standards of practice recognized by one (1) or more first -
class firms performing similar work under similar circumstances.
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8.2 All Services shall be performed by qualified and experienced personnel
who are not employed by City. By delivery of completed Work, Consultant certifies that
the Work conforms to the requirements of this Agreement, all applicable federal, state
and local laws, and the highest professional standard.
8.3 Consultant represents and warrants to City that it has, shall obtain, and
shall keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Consultant to practice its profession. Consultant shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Consultant shall not be responsible for delay, nor shall Consultant be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Consultant's Work promptly, or delay or faulty performance by
City, contractors, or governmental agencies.
9. HOLD HARMLESS
9.1 To the fullest extent permitted by law, Consultant shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers and employees (collectively, the "Indemnified Parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
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.
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10. INDEPENDENT CONTRACTOR
It is understood that City retains Consultant on an independent contractor basis
and Consultant is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No
civil service status or other right of employment shall accrue to 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
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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
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.
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17.3 All written documents shall be transmitted to City in formats compatible
with Microsoft Office and /or viewable with Adobe Acrobat.
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
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borne by Consultant. Nothing in this Section is intended to limit City's rights under the
law or any other sections of this Agreement.
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. STANDARD PROVISIONS
28.1 Recitals. City and Consultant acknowledge that the above Recitals are
true and correct and are hereby incorporated by reference into this Agreement.
28.2 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.
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28.3 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.
28.4 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.
28.5 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.
28.6 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.
28.7 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.
28.8 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.
28.9 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.
28.10 Equal Opportunitv Employment. Consultant represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
28.11 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.
28.12 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]
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IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed on the dates written below.
APPROVED AS TO FORM:
CITY T NEY'S OFFICE
Date:
By:
Aaron C. Harp
City Attorney 0' 6
ATTEST: 04,
Date:
:1
Leilani I. Brown
City Clerk �s
N�2cORN%-'
CITY OF NEWPORT BEACH,
a California munici al corporation
Date: 16- �-�
By: l l
David A. Web
Public Works Director
CONSULTANT: Bucknam Infrastructure
Group, Inc., a California corporation
Date: ,1._ z�'-c,(
By:
Peter ucknam
President/Secretary
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
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EXHIBIT A
SCOPE OF SERVICES
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EXHIBIT A:
SCOPE OF WORK
Pavement Management Tasks
TASK 1: Kick -off Meeting/ Quality Assurance - Quality Control
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
MicroPAVER pavement plan /data, Measure M compliance, surrey 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.
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 (25 miles) of the original surveys will be re- 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. Variance reporting will be performed between previous and new PCI 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
(CPMPGM) ", our staff will follow and deliver on the requirements stated on Section 2.4, page 8
which require specific QA /QC data (Items A through G). Additionally, Chapter 3 requires
numerous data /deliverables from local agencies for Measure M2 eligibility. All general PCI
reporting will follow the Chapter 3 guidelines.
Over the past year, Bucknam has already submitted fifteen (15) OCTA Measure M2 compliant
reports for OC municipalities, they include:
Brea
Irvine
Laguna Beach
Costa Mesa
Aliso Viejo
RSM
Laguna Hills
Laguna Niguel
Tustin
Fountain Valley
San Juan Capistrano
Westminster
Huntington Beach
Newport Beach
Santa Ana
Our surveys follow the accepted OCTA windshield /walking 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. In March, 2014 our staff was acknowledged as "qualified
inspectors and firm" to prepare Pavement Management Plans compliant with the OCTA
Countywide Pavement Management Guidelines.
Deliverable: Monthly Project Status reports, field review and project status meetings, OCTA
QA /QC Plan
TASK 2: 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 2013 update (one year of data). This data will be entered into
MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP
reporting.
TASK 3: Conduct Pavement Inspections
2014 -15 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
67.2 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. Windshield /Walking All sections are surveyed through windshield /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 MicroPAVER & 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 established sample area will be
recorded. If the City currently has a high - resolution aerial (approx. 3 "), we will
verify /update existing street measurements prior to survey; thus reducing survey times
and project schedules. Walking surveys will be performed only when unique conditions
are found along sections or aerial imagery is not sufficient.
Alley sections will be surveyed within the appropriate zones; no private streets will be
surveyed under this effort.
2015 -16 Survev
Based on the City's request, Bucknam staff will survey 105.1 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 (undated and /or verified)
From /to, indicating the assigned limits of the section, sample test areas, street name, a
street codification
i• Street ranking indicating local, alley, arterial, collector, 4 of lanes, surface type
Historical PCI tracking from previous inspections and 2012 PCI inspections
•5 Segment quantities, indicating the length, width, and total true area of the section
ADT volumes (if available from previous reports or City documents)
2. Conditional data will be evaluated for all street segments and will include:
MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area
Pavement segmentation which will follow the City's described survey methodology
included in the RFP
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. All items listed above will be maintained by our staff for the
duration of this project. Data management will be performed in -house at our Laguna Niguel
office. At the completion of the project, the MicroPAVER database will be placed within your
information services /communication network.
3. Section Distress and PCI Reoortine
Once inspections are completed, we will generate a draft Pavement Condition Index (PCI)
Report for City staff to review. The City and our staff will review these reports to ensure that all
inventory data is correct and the project is running smoothly.
PCI reports will include:
\\ Identification of all street segments in a continuous manner (W to E and S to N);
O Citywide PCI values for each street sorted by rank, name and PCI (best to worst);
\\ Weighted PCI calculations based on ranks and citywide SF quantities
\\ Other key PCI data development tied to CIP reporting is shown in Task 4 below.
Deliverable: Citywide draft PCI report (MS Excel), quality control reports
TASK 4: Mopping and GIS
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
PCI values for every section (24 x 36 color)
Work History identifications (24 x 36 color)
d• 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).
TASKS: 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 2014 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 three (3) CD copies of the Final PMP database and will install it
at the City.
TASK 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:
O As- needed services will assume 16 man -hours
Additional budget scenarios, general reporting, deterioration studies
Additional visual inspections above the mileage amount indicated in Task 3
IN Additional pavement management — GIS mapping
Additional MicroPAVER training, operation use
Enter annual work ARTERIAL and LOCAL maintenance records
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.
Proposed Schedule
Project Kick -off
MicroPAVER Management -Work History
Conduct Pavement Inspections, 2014 -15
Conduct Pavement Inspections, 2015 -16
Citywide CIP / OCTA Compliance Reports
Mapping and GIS
As- Needed Services
July, 2014
Performed Annually
Sept. — Oct., 2014 & 2015
Sept. — Oct., 2015 & 2016
March, 2015
Performed Annually
Ongoing throughout project
*All work as described above will be submitted prior to March of each corresponding fiscal year
EXHIBIT B
SCHEDULE OF BILLING RATES
Bucknam Infrastructure Group, Inc. Page B -1
EXHIBIT B
FEE SCHEDULE
Proposed Fee
Task Items 1 thru 6 can be accomplished on a time and materials, not -to- exceed basis in
accordance with the standard hourly rate schedule attached. Should the City desire to increase
the service level above the task description outlined above for the Task 1 thru 6 or require other
services not described herein, a fee adjustment would be negotiated and mutually agreed upon
by both parities. All tasks below are negotiable.
Description
PrinciPall PrgeU I Admin iTOtal by Task
T
Fl amer Iechmcianlsl
Base Fee vro -Year Term_!__
$250 /hrl S165/hr i $125/hr. $82/hri$75/hrl
a5k1
Ktdt -off meeting PMPServites
Pro ect Kick- ff MeeN
21 2 a-
Pro "ect Status Mseti -Field Q"fity Control
3 al 161 I 2182
_
ask2
MiaoPAVER "nt Work N-
1- 1111 -- it 81 $946
esk 3 lConduct
Pavement Inspections
It__...1.— 1 -1-
T
_
PaWment 5u 167 miles, torus 1, 2, 3; FY 2014 -15
�a�_ 241 204 ___L2, 1,�
MPAN wrvey 182.4 miles
Local w 67 2 miles)
AIIeYwrvey 17.4 miles)
v
Pavement 5 . 1103.6 Mile- Zones a 5 6 7; FY 201546 _ T 4 18 125 $1a,1
All Su 11$mi I- _
ask4
asks
i end GlS _ 51 _- 201r -_ 5 $3_735
�_$47
Citywide CIP Report /OCTACom lance Reports 2 22}-
as k 6
_41 _21
As- Needed Services —'{- $1.9
_
All deliverables wi l l become. ropertv of the CitX of N^ rt Beach i
All Tasks are negotiable
- - -_
Toti!burs Stag 2' _571 721 3581 2:
$�9,4Q5
Total Base Fee lTaroY�Terml I $ 500 $ 9.000 S 156 51501 ,448r4SI
Additli alsarvimouuideafthiswntractwill bemWlated with the Citywhere we will imthe Standard burly Role Schedule
Standard Hourly Rate Schedule
Category Rate
Principal
$ 250
Senior Project Manager
210
Senior Engineer / Planner
3g0
Construction Manager
172
Management Analyst
160
Project Engineer/ Planner
155
Pavement Management Project Manager
165
Engineer / Senior Technician / Planner / Senior Inspector
130
Assistant Engineer / Technician / 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%
EXHIBIT C
INSURANCE REQUIREMENTS — PROFESSIONAL SERVICES
1. Provision of Insurance. Without limiting Consultant's indemnification of City, and
prior to commencement of Work, Consultant shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Consultant
agrees to provide insurance in accordance with requirements set forth here. If
Consultant uses existing coverage to comply and that coverage does not meet
these requirements, Consultant agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Consultant shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section
3700 of the Labor Code.
Consultant shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Consultant shall maintain commercial general
liability insurance, and if necessary umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and
advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract).
C. Automobile Liability Insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Consultant
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
Bucknam Infrastructure Group, Inc. Page C -1
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of
one million dollars ($1,000,000) per claim and two million dollars
($2,000,000) in the aggregate. Any policy inception date, continuity date,
or retroactive date must be before the Effective Date of this Agreement
and Consultant agrees to maintain continuous coverage through a period
no less than three years after completion of the Services required by this
Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation
against City, its elected or appointed officers, agents, officials, employees
and volunteers or shall specifically allow Consultant or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Consultant hereby waives its own right of
recovery against City, and shall require similar written express waivers
from each of its subconsultants.
B. Additional Insured Status. All liability policies including general liability,
excess liability, pollution liability, and automobile liability, if required, but
not including professional liability, shall provide or be endorsed to provide
that City and its officers, officials, employees, and agents shall be included
as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a
primary basis and shall not require contribution from any insurance or self -
insurance maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Consultant shall provide certificates of insurance
to City as evidence of the insurance coverage required herein, along with
a waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance
certificates and endorsement must be approved by City's Risk Manager
prior to commencement of performance. Current certification of insurance
shall be kept on file with City at all times during the term of this
Agreement. City reserves the right to require complete, certified copies of
all required insurance policies, at any time.
Bucknam Infrastructure Group, Inc. Page C -2
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Consultant sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Consultant, City and Consultant may renegotiate
Consultant's compensation.
C. Enforcement of Agreement Provisions. Consultant acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Consultant of non - compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
D. Requirements not Limiting. Requirements of specific coverage features
or limits contained in this Section are not intended as a limitation on
coverage, limits or other requirements, or a waiver of any coverage
normally provided by any insurance. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a
given issue and is not intended by any party or insured to be all inclusive,
or to the exclusion of other coverage, or a waiver of any type. If the
Consultant maintains higher limits than the minimums shown above, the
City requires and shall be entitled to coverage for higher limits maintained
by the Consultant. Any available insurance proceeds in excess of the
specified minimum limits of insurance and coverage shall be available to
the City.
E. Self- insured Retentions. Any self- insured retentions must be declared to
and approved by City. City reserves the right to require that self- insured
retentions be eliminated, lowered, or replaced by a deductible. Self -
insurance will not be considered to comply with these requirements unless
approved by City.
F. City Remedies for Non - Compliance. If Consultant or any subconsultant
fails to provide and maintain insurance as required herein, then City shall
have the right but not the obligation, to purchase such insurance, to
terminate this Agreement, or to suspend Consultant's right to proceed until
proper evidence of insurance is provided. Any amounts paid by City shall,
at City's sole option, be deducted from amounts payable to Consultant or
reimbursed by Consultant upon demand.
G. Timely Notice of Claims. Contractor shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from
Contractor's performance under this Contract, and that involve or may
involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but 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
Bucknam Infrastructure Group, Inc. Page C -3
judgment may be necessary for its proper protection and prosecution of
the Work.
Bucknam Infrastructure Group, Inc. Page C -4
CERTIFICATE OF INSURANCE
CHECKLIST
City of Newport Beach
This checklist Is comprised of requirements as outlined by the City of Newport Beach. *
Date Received: 9/29/14
Date Completed: 9/29/14
Dept. /Contact Received From: Lucie
Sent to: Lucie
By: Chris
Company /Person required to have certificate: Buclmam Infrastructure Group
Type of contract: All Others
GENERAL LIABILITY
EFFECTIVE /EXPIRATION DATE: 9/16114- 9/16/15
A. INSURANCE COMPANY: Citizens Insumce Company of America
B. AM BEST RATING (A-: VII or greater): A:XIV
C. ADMITTED Company (Must be California Admitted):
AM BEST RATING (A-: VII or greater) A:XIV
Is Company admitted in California?
® Yes ❑ No
D. LIMITS (Must be $1M or greater): What is limit provided?
1,000,000 12,000,000
E. ADDITIONAL INSURED ENDORSEMENT — please attach
® Yes ❑ No
F. PRODUCTS AND COMPLETED OPERATIONS (Must
D.
include): Is it included? (completed Operations status does
not apply to Waste Haulers or Recreation)
® Yes ❑ No
G. ADDITIONAL INSURED FOR PRODUCTS AND
E.
COMPLETED OPERATIONS ENDORSEMENT (completed
Operations status does not apply to Waste Haulers)
® Yes ❑ No
H. ADDITIONAL INSURED WORDING TO INCLUDE (The City
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
its officers, officials, employees and volunteers): Is it
included?
® Yes ❑ No
I. PRIMARY & NON - CONTRIBUTORY WORDING (Must be
HIRED AND NON -OWNED AUTO ONLY:
included): Is it included?
® Yes ❑ No
J. CAUTION! (Confine that loss or liability of the named insured
❑ NIA ® Yes ❑ No
is not limited solely by their negligence) Does endorsement
include "solely by negligence" wording?
❑ Yes ®No
K. ELECTED SCMAF COVERAGE (RECREATION ONLY):
® NIA ❑ Yes ❑ No
L. NOTICE OF CANCELLATION:
❑ N/A ® Yes ❑ No
IL AUTOMOBILE LIABILITY
EFFECTIVEIEXPIRATION DATE: 9116/14- 9/16/15
A.
INSURANCE COMPANY: Citizens Insurance Company of America
B.
AM BEST RATING (A-: VII or greater) A:XIV
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, $210 min for Waste Haulers): What is limits provided?
1,000,000
E.
LIMITS Waiver of Auto Insurance / Proof of coverage (if individual)
(What is limits provided ?)
N/A
F.
PRIMARY & NON - CONTRIBUTORY WORDING (For Waste
Haulers only):
® NIA ❑ Yes ❑ No
G.
HIRED AND NON -OWNED AUTO ONLY:
❑ N/A ® Yes ❑ No
H.
NOTICE OF CANCELLATION:
❑ NIA ® Yes ❑ No
111. WORKERS' COMPENSATION
EFFECTIVE /EXPIRATION DATE: 9/16/14- 9/16/15
A. INSURANCE COMPANY: Hanover American Insurance Company
B. AM BEST RATING (A-: VII or greater): A:XTV
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)
F. WAIVER OF SUBROGATION (To include): Is it included?
G. SIGNED WORKERS' COMPENSATION EXEMPTION FORM:
H. NOTICE OF CANCELLATION:
ADDITIONAL COVERAGE'S THAT MAYBE REQUIRED
IV. PROFESSIONAL LIABILITY
V POLLUTION LIABILITY
V BUILDERS RISK
HAVE ALL ABOVE REQUIREMENTS BEEN MET?
IF NO, WHICH ITEMS NEED TO BE COMPLETED?
Approved:
a;llr�
Agent of Alliant Insurance Services
Broker of record for the City of Newport Beach
9/29/14
Date
1,000,000
® Yes ❑ No
® NIA ❑ Yes ❑ No
❑ N/A ® Yes ❑ No
❑ NIA ® Yes ❑ No
® N/A ❑ Yes ❑ No
® NIA ❑ Yes ❑ No
® Yes ❑ No
RISK MANAGEMENT APPROVAL REQUIRED (Non- admitted carrier rated less than _;
Self Insured Retention or Deductible greater than $ ) ❑ NIA ❑ Yes ❑ No
Reason for Risk Management approval /exception /waiver:
Approved:
Risk Management Date
* Subject to the terms of the contract.