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C-4691 - PSA for Pavement Inspection & Data Management Services
AMENDMENT NO. ONE TO \ PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. FOR PAVEMENT INSPECTION AND DATA MANAGEMENT SERVICES THIS AMENDMENT NO. ONE TO PROFESSIONAL SERVICES AGRE MENT ( "Amendment No. ONE "), is entered into as of this ,, "day of M 2012, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BUCKNAM & ASSOCIATES, INC., a California Corporation, whose address is 30131 Town Center Drive, Suite 295, Laguna Niguel, California 92677 ( "Consultant "), and is made with reference to the following: RECITALS: A. On October 25, 2010, City and Consultant entered into a Professional Services Agreement ( "Agreement ") for pavement inspections and updating of City's pavement management database services for the Pavement Management Program ( "Project "). B. City desires to enter into this Amendment No. ONE to reflect additional services not included in the Agreement, to extend the term of the Agreement to December 31, 2014, and to increase the total compensation. C. City and Consultant mutually desire to amend the Agreement, as provided below. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM Section 1 of the Agreement, shall be amended in its entirety and replaced with the following: The term of this Agreement shall terminate on December 31, 2014, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED The Scope of Services provided in Section 2 of the Agreement shall be supplemented to include the Scope of Work dated March 15, 2012, which is attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Work at its sole discretion. 3. COMPENSATION The introductory paragraph to Section 4 of the Agreement shall be amended in its entirety and replaced with the following: City shall pay Consultant for the Services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's total amended compensation for all Work performed in accordance with this Agreement , including all reimbursable items and subconsultant fees, shall not exceed Eighty -Eight Thousand, Eight Hundred Thirty -Six Dollars and no /100 ($88,836.00) without prior written authorization from City ( "Total Amended Compensation "). No billing rate changes shall be made during the term of this Agreement without the prior written approval of the City. 3.1 The Total Amended Compensation reflects Consultant's additional compensation for additional Services to be performed in accordance with this Amendment No. One, including all reimbursable items and subconsultant fees, in an amount not to exceed Forty -Seven Thousand, Nine Hundred Twenty -Six Dollars and no /100 ($47,926.00), without prior written authorization from City. 4. INTEGRATED CONTRACT Except as expressly modified herein, all other provisions, terms, and covenants set forth in the Agreement shall remain unchanged and shall be in full force and effect. BUCKNAM & ASSOCIATES, INC. Page 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. ONE on the dates written below. APPROVED AS TO FORM: CITY ATTORNEY'S OFFICE Date: ` lzjhy ,IL By: Aaron C. Harp City Attorney ATTEST:` Date: 5-30-0- By: Ah Nwk"""- Leila,ti :..f City Clerk CITY OF NEWPORT BEACH, A California municipal corporation Date: SI 2y 1 tz BY• ��Jk-�, Dave Of City Manager CONSULTANT: BUCKNAM & ASSOCIATES, INC., a California Corporation Date: 5 � 15 1 Zo iZ By: Peter J. B cknam Vice President Date: .1-//& - 12o/z Stephen Bucknam Chief Financial Officer Attachment: Exhibit A - Scope of Work Exhibit B - Schedule of Billing Rates BUCKNAM & ASSOCIATES, INC. Page 3 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, 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. 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. 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 City of Newport Beach 1 -1 Pavement Management 2012 -14 Scope of Work r�<IIYtC� numerous data /deliverables from local agencies for Measure M2 eligibility. All general PC] reporting will follow the Chapter 3 guidelines. Bucknam & Associates has already submitted fourteen (14) OCTA Measure M2 compliant reports for OC municipalities, they include: Brea Irvine Orange Costa Mesa Laguna Hills RSM Cypress Laguna Niguel Tustin Fountain Valley La Habra Westminster Huntington Beach Newport Beach 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 Micro PAVER Distress Training Class held in November, 2011 and shows certification. In February, 2012 our staff is scheduled to perform the necessary OCTA "calibration testing" to certify staff and Bucknam & Associates under the OCTA guidelines. Our staff will be qualified by March, 2012. Certificate of com_p(.etion. This Cenukatbn i, proswed upon rnmp'odon a aenvain nand oaricipatkrl bt Vie OCTA MicruPAVER Distress Tian Ing Class, I told No ✓ember 14 8 15, 2011 at Gondar GV.e Bus FnciIICJ, 2N-..rer Buc@ratn Orange County Transportation Authority pvjyt- P•� %� 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 2010 update (two years of data). This data will be entered into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP reporting. City of Newport Beach 1 -2 Pavement Management 2012 -14 Scope of Work �=�•�; �Q> - D V 4 r T �f1l14T, TASK 3: Conduct Pavement Inspections 2012 -13 Survey Once the pavement segmentation has been assessed and verified, the inspection of approximately 81 miles of MPAH, Arterial /Collector segments will be performed. Additionally, based on the City's ongoing local maintenance schedule Bucknam staff will survey 84.7 miles of the local network (Zones 1, 2, and 3, includes 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 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. 2013 -14 Survey Based on the City's request, Bucknam staff will survey 105.1 miles of the local network (Zones 4, 5, 6, and 7, includes 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. City of Newport Beach 1 -3 Pavement Management 2012 -14 Scope of Work (S_� 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 te 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 Distress and PCI Reporting 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: O 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); V% Weighted PCI calculations based on ranks and citywide SF quantities O 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 City of Newport Beach 1 -4 Pavement Management 2012 -14 Scope of Work _^ TASK 4: Mapping 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) 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 5: 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 City of Newport Beach 1 -5 Pavement Management 2012 -14 Scope of Work (G-, � 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 AHRP, Prop. 1B and 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 2012 PIMP 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 & Associates will provide annual support for a period of two years where we will provide quality and accurate use of the in- house operation of Micro PAVER 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 O Additional budget scenarios, general reporting, deterioration studies �e Additional visual inspections above the mileage amount indicated in Task 3 Additional pavement management — GIS mapping O Additional MicroPAVER training, operation use City of Newport Beach 1 -6 Pavement Management 2012 -14 Scope of Work '\% Enter annual work ARTERIAL and LOCAL maintenance records Also, if requested, Bucknom & Associates 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 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. City of Newport Beach 1 -7 Pavement Management 2012 -14 PNI ~shoo Oescriptien Principal PrniP:t r, 7echFiidan ; ;i Admin Total by Task ManaZer ;Base Fee -Year Term 250/r $'55 hr _� - l $ -'-Jhr S_ hr( 75' hr $ ! $ 1 I .Tv:o ..... ... ....... ................................................................................................. ............................... .. ..... .... ........ ......._......;.................._... r..................... .._......... »......_.......... ...... ............................... Task ;Kick -off Meeting PMP Services _ ................... .... _.........................._..............._ ............ ........... ............................................. ........ ...._ ............ .... ........ »,....._....._........... . ;................. ............ r....... .............. _... ... ._ ................... .... ..... ...... _ ........... ....:.. .............................. . I Project Klck -off Meeting .....................,.._...._............_...._......_..._......._._........_............................_...................................._........._.....:.........................:..........................;..._:..._._...................................................:.._..............:... 21 2 ...................._.._....... 5580 Prciect Status. Meetings -Field Quality Control 3 3 12 S1.85S Task2 lMlcrePAVEfi Management-Work History .......................... .......i......_...._......... - ..............................................................._............. ............................... ,...._._....... 1 ............ ......................_- i.. ..... ............................... 8) _ '. ._........................._... $946 Task3Conduct Pavement Inspections ..... . ............ ....... _ ....................................................................................................................................................,.............................................................................................................,.............;..................+.. ............................... ........ .......... ?avement 5urrep.f3_S.!.1. miles. Zones 1, 2, 3; FY 2012 -15) ........................................................,........................__.............,............_;................_........... 9: 26 .............................._ 201, .......... ....�..... ..._... ............_.........._ $21;_35 .5 hAPAH survey (81 miles) ..._....._........_........................................... .................... ...... _ . ................... . .... ................................ ............ ....................... ...... - ....... ...... _._ ........ _ ...... . ......... ................. ........................ ..............;............................. _ .... ................. .... ,Lorai sur:ey(68.1 miles) ...................Y . .........:......................................._..................................................................................:..........................;............................................................: ............................... ................... . q..... ............ ................ . .. =,., AiIEa.SUr,!Fy (2 ;0 miles) ..... ....y ..... ............ ..... -........ ....._ ......................................................... ............................... ...... ........ ............... ........ }...................... .......................... ....:...... .....;...... ....::...... ......... ......................... PayemerY. SurvE (102.8 miles 4 5, 6. 7; FY 2013 -14), 6 i8 1181 + 16 $,29_6 ............�. ........ ............n.................. t..-.-................ ...i..............._........... ................... ............................... .. ............................._. ............................_ _ _ {........................,.,....................._..................... _.. ............ ;......- ........._c .c.......... :3 milesi su"e .Local . ...............: ................................................... ,..................... . ..... _..I ........... ._.. .. ...- .......... . .... .t .......... . AileYSuryey._(9.S. milesl ,, Task4 Mapping and GIS E 5 20 51 $3,735 ................... .. ............................... ....................... Z ......... FaskS ;Ci )de CIP Re.... Ort..... QCTAC om.... lianceRe.... o........... :}.^ �..............:............................... P........................... P......................;...,.......................:.......................................................;..................................... ,.................. 2_...........................t.................................. 3i s ...... ,............. ....... 2: ............................... $4.780 ......_........... ;...._ ..:.............._............. p.......,..........:>-.. ........................._..... Tasks i As- Needed Services 12 $1,980 ........ ............ ....................................................................................................._...................._...._..-..............-......._.:................... A...... ............... ........;............................ p.....................................;.............-..... j....... ............................... ................................................................................................................................................................... ... .... ....... i................ ......... . ............ ;Ail delP:erabies :•rill become property cf the City cf Newport eeach .................... .......................... ......................... ..................................._.........._......._..............._.........-....._.......,........._.............. ............................... .............. . .. ......................... ._ ................ ........................... ............. ........... .:. ......... .. ...... :.................................... ......................... . .................. n.-... . .................... ........... i ^liTaskcare.ne =otiaL'•e.:. t ...... ............ ... ............ ............................... ............ .................. ......._....... ........................... ......_ ......................... ...................}.............................................................................................................................. ............................... .............. ........... . i ................. TOtaI Hcros per.5'.aH i ZM ........... y............... ... .......... 4., ................ 60j 74+ ......-..........................._..... ............................... 3431 2 ......................... ............................... ...............................-......................................................................................_.......... iTotal ease Fee (Two Year Term) $ 500 $ ............................... 9,900 $ 9,250 $ ............... ............ 29,126 $150 $47,926 : : ... ............... Additional services outside of this contract wil I be neeotia`ed mkh the Ci':y where we will use the Standard sourly Raze Schedule City of Newport Beach 1 -7 Pavement Management 2012 -14 Scope of Work cu�"e Propose d Schedule Task Date Project Kick -off July, 2012 MicroPAVER Management -Work History Performed Annually Conduct Pavement Inspections, 2012 -13 Aug. — Sept., 2012 Conduct Pavement Inspections, 2013 -14 Aug. — Sept., 2013 Citywide CIP / OCTA Compliance Reports April, 2013 Mapping and GIS Performed Annually As- Needed Services Ongoing throughout project *All work as described above will be submitted prior to March of each corresponding fiscal year City of Newport Beach 1 -8 Pavement Management 2012 -14 EXHIBIT B Scope of Work �. PIP 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 Engineer / Senior Technician / Planner / Senior Inspector 125 Assistant Engineer / Technician / Planner / Inspector 125 CADD Operator 105 Administrative Assistant 100 Field Technician 82 Clerical / Word Processing 75 Forensic Services Quote Reimbursables Mileage $ 0.60 /mile Subconsultant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost + 15% Rates Effective 9/1/11 City of Newport Beach 1 -9 Pavement Management 2012 -14 v PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. FOR PAVEMENT INSPECTION AND DATA MANAGEMENT SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES ( "Agreement ") is made and entered into as of this 42,;7A,day of 06-/pf?-er- , 2010, by and between the CITY OF NEWPORT BEACH, a California Municipal Corporation ( "City "), and BUCKNAM & ASSOCIATES, INC., a California corporation ( "Consultant "), whose address is 30131 Town Center Drive, Suite 295, Laguna Niguel, CA, 92677 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 is planning to continue with the annual Pavement Management Program. C. City desires to engage Consultant to perform pavement inspections and update the City's pavement management database ( "Project "). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Peter J. Bucknam. F. 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 above written date, and shall terminate on December 31, 2012 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 ( "Work" or "Services "). The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of Services under this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by Consultant to perform the Services in a diligent and timely manner may result in termination of this Agreement by City. 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 to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator 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. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT 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 Thousand, Nine Hundred and Ten Dollars and no /100 ($40,910.00) 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. 4.1 Consultant shall submit monthly invoices to City describing the Work performed the preceding month. Consultant's bills shall include the name of the person who performed the Work, a brief description of the Services performed and /or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all Work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: Professional Services Agreement Page 2 A. The actual costs of subconsultants for performance of any of the Services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any Work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER 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 J. 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. 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. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. Andy Tran, Senior Civil Engineer, or his designee, shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his authorized representative shall represent City in all matters pertaining to the Services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: Professional Services Agreement Page 3 A. 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. B. Provide blueprinting and other Services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8A 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. All Services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed Work, Consultant certifies that the Work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in 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, or 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 To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever Professional Services Agreement Page 4 (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, subconsultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the Work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. 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 or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the Services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the Work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. Professional Services Agreement Page 5 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, policies of insurance of the type and amounts described below and in a form satisfactory to City. A. Proof 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. 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 contract. City reserves the right to require complete, certified copies of all required insurance policies, at any time. Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by Consultant, his agents, representatives, employees or subconsultants. The cost of such insurance shall be included in Consultant's bid. B. 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. C. Coverage Requirements. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at least one million dollars ($1,000,000)) for Consultant's employees in accordance with the laws of the State of California, Section 3700 of the Labor Code In addition, Consultant shall require each subconsultant to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California, Section 3700 for all of the subconsultant's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (ten (10) calendar days written notice of non- payment of premium) prior to such change. Professional Services Agreement Page 6 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. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, blanket contractual liability. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each accident. iv. Professional Liability (Errors & Omissions) Coverage. 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) limit per claim and in the aggregate. D. Other Insurance Provisions or Requirements. The policies are to contain, or be endorsed to contain, the following provisions: i. 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 and insurance clauses from each of its subconsultants. ii. Enforcement of Contract Provisions. Consultant acknowledges and agrees that any actual or alleged failure on the part of the City to inform Consultant of non - compliance with any requirement imposes no additional obligations on the City nor does it waive any rights hereunder. iii. 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 Professional Services Agreement Page 7 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. iv. Notice of Cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to City with thirty (30) days notice of cancellation (except for nonpayment for which ten (10) days notice is required) or nonrenewal of coverage for each required coverage. E. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claims made or suits instituted that arise out of or result from Consultant's performance under this Agreement. F. Additional 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. 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 cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty - five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the Work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents "), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Professional Services Agreement Page 8 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. 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 authorizes in writing the release of information. 19. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 20. RECORDS Consultant shall keep records and invoices in connection with the Work 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 his/her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. Professional Services Agreement Page 9 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 paragraph 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 The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the Work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. 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 All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard PO Box 1768 Newport Beach, CA 92658 Phone: 949 -644 -3315 Fax: 949 - 644 -3308 Professional Services Agreement Page 10 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attention: Peter J. Bucknam Bucknam & Associates, Inc. 30131 Town Center Drive, Suite 295 Laguna Niguel, CA 92677 Phone: 949 - 363 -6461 Fax: 949 - 363 -6505 26. CLAIMS The Consultant and the City expressly agree that in addition to any claims filing requirements set forth in the Contract and Contract documents, the Consultant shall be required to file any claim the Consultant may have against the City in strict conformance with the Tort Claims Act (Government Code sections 900 et seq.). 27. TERMINATION 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. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving 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. 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. Professional Services Agreement Page 11 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. 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. 31. 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. 32. 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. 33. 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. 34. 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. 35. 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. 36. EQUAL OPPORTUNITY EMPLOYMENT Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. Professional Services Agreement Page 12 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPROVED AS TO FORM: CITY OF NEWPORT BEACH, OFFICE OF THE CITY ATTORNEY A California municipal corporation J)/j. By: C -- l Leonie Mulvihill D Kiff, City Manag Assistant City Attorney ATTEST: CONSULTANT: BUCKNAM & ASSOCIATES, INC., a California corporation Wr ,�� AAII''rBy:W zQ km� Leilani I. Brown City Clerk , N By: *Pe.cknam Vice dent B 0�1- e' 6��7 �Iiefph n Buckna7�� Financial Officer Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates Professional Services Agreement Page 13 FXHIBIr A September 24, 2010 Mr. Andy Tran Senior Civil Engineer City of Newport Beach 3300 Newport Blvd. Newport Beach, CA 92663 Subject: Proposal for Pavement Inspection and Data Management Services Dear Andy: 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 & Associates 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 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 success of the 2008 pavement management program with cost - conscience pavement inspections, annual work history updates, additional CIP reporting, alternative budgetary reporting, GIS support for the PMP and general database management. These services will extend over a term of two years until June 30, 2012. By selecting Bucknam & Associates, the City of Newport Beach will 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 949 - 363 -6461 (work) 714 -501 -1024 (cell) or email at peter@bucknam.net. In order to streamline project management and work schedules, all work efforts will be conducted through Bucknam & Associates office in Laguna Niguel, CA Respectfully submitted, Bucknam & Associates Scope of Work �£NNfl r .. {N'l ;'tixit6 Pavement Management Tasks TASK 1: Kick -off Meeting/ Quality Assurance-Quality Con trol 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 RESIDENTIAL 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, 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. Establishment of QA /QC plan (Per OCTA MicroPAVER Guideline Manual) 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. Our surveys follow the accepted windshield /walking requirements. All sections that our staff surveys are performed through the windshield method, approximately 20% of all sections surveyed are complemented with walking surveys based on unique conditions found. A copy of the QA /QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. QA /QC man -hours are included within Task 3. Project meetings (kick -off, project status): 8 hours City of Newport Beach 1 -1 Pavement Management 2010 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 2008 update (two years 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 2010 -11 Survev Once the pavement segmentation has been assessed and verified, the inspection of approximately 80 miles of Arterial /Collector segments will be performed. Additionally, based on the City's ongoing residential maintenance schedule Bucknam staff will survey 70 miles of the residential network (Zones 1, 2, and 3). Our survey methodology will include the following approach based on the OCTA reporting guidelines: 1. Windshield All sections are windshield surveyed. 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. Based on the functional classification of the roadway and the street conditions found walking survey may be required to complement our windshield survey. If the City currently has a high - resolution aerial (approx. 3 "), we will verify 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. No private streets will be surveyed under this effort. 2011 -12 Survev Based on the City's request, Bucknam staff will survey 93 miles of the residential network (Zones 4, 5, 6, and 7). All MicroPAVER — Army Corps of Engineers field survey requirements will be followed. 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. City of Newport Beach 1 -2 Pavement Management 2010 Scope of Work e;�ti�vxt^n owv�r p .M 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 2010 PCI inspections 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 19 AC & 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 6.1.5, 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 Reporting 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); NN Citywide PCI values for each street sorted by rank, name and PCI (best to worst); V Weighted PCI calculations based on ranks and citywide SF quantities City of Newport Beach 1 -3 Pavement Management 2010 Scope of Work��rv4:�;. v � C,tl.l �g�F! *N Enter annual work ARTERIAL and RESIDENTIAL maintenance records Also, if requested, Bucknam & Associates 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 Fee Task Items 1 thru 5 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 5 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. PMP services Pavement Tasks Proposed Schedule Task Project Kick -off MicroPAVER Management -Work History Conduct Pavement Inspections, 2010 -11 Conduct Pavement Inspections, 2011 -12 Mapping and GIS As- Needed Services 2 Date November 1, 2010 Performed Annually (November) Dec. — Feb., 2010/11 Dec. — Feb., 2011/12 Performed Annually (November) Ongoing throughout project *All work as described above will be submitted prior to March of each corresponding fiscal year City of Newport Beach 1 -5 Pavement Management 2010 sKai��rsd 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 Engineer / Senior Technician / Planner / Senior Inspector 125 Assistant Engineer /Technician / Planner/ Inspector - 125 CADD Operator 105 Administrative Assistant 100 Clerical / Word Processing 75 Field Technician So Forensic Services Quote Reimbursables Mileage $ 0.56 /mile Subconsultant Services Cost + 15% Reproduction Cost + 15% Travel & Subsistence Cost + 15% Fees & Permits Cost + 15% Computer Services (External) Cost+ 15% Rates Effective 9/1/09 City of Newport Beach 1 -6 Pavement Management 2010 reo.,Htt• Rnan3 RIICKARn ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD /YYYY) 1 012112010 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Willis Ins. Srvcs of CA, Inc. CONTACT Cora Lim NAME PHONE F ac N.n: 049 885 -1200 , 949 - 885 -1225 18101 Von Korman Ave Suite 600 E -MAIL - ADORE$S: Irvine, CA 92612 CUSTOMER ID N: INSURER(S) AFFORDING COVERAGE NAICk INSURED INSURER A: Travelers Property Casualty CO 25674 Bucknam &Associates, Inc. 30131 Town Center Drive, Suite 268 Laguna Niguel, CA 92677 INSURER e: Continental Casualty Company 20443 INSURER C: INSURER D PREMISES IE. occurrence INSURER E: MED EXP(Any one person) $10,000 INSURER F: $1,000,000 CnVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFYTHATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN is SUBJECTTO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE AUDI, NSR UBR D POLICYNUMBER POLICYEFF MMIDD/ POLICYEXP MMIDD/YYYY LIMITS A GENERAL LIABILITY 680488OL652 09101/2010 09/01/2011 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 7x OCCUR PREMISES IE. occurrence $1,660,066 MED EXP(Any one person) $10,000 PERSONAL BADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 _ GEWL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPJOP AGG $2,000,060 $ POLICY PRO LOG JECT A AUTOMOBILE LIABILITY 680488OL652 9/0112010 09/01/2011 COMBINER SINGLE LIMIT (Ea accid% $INCL IN GL ANY AUTO BODILYINJURY(Perperson) — — $ ALL OWNED AUTOS BODILY INJURY (Per awidenU $ 1xx SCHEDULED AUTOS HIRED AUTOS PROPERTY DAMAGE (Per.micent) $ $ NON -OWNED AUTOS 3 A X UMBRELLA LIAR X OCCUR CUP7637Y444 910112010 09/0112011 EACH OCCURRENCE $4 000 000 SQ 606 000 EXCESS LIAR CIAIMS,MADE DEDUCTIBLE _AGGREGATE $ $ X RETENTION S O A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORIPARTNER /EXECUTIVEYIN OFFICERIMEMSER E%CLUpE09 ❑ (Mandatory In NH) NIA U6711DYSHA 9/01/2010 09/0112011 X WC STATU- FORT" E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE All, 000,090 DESCRIPTION OF OPERATIONS below I ELDISEASE- PCLICYLIMIT $1,060,660 B Professional Liab AEA113988680 01/02/10 01102!11 $1,000,000 Per Claim $2,000,000 A re ate DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Aft ch ACORD 101, Addltional Remarks Schedule, if more space {s required) ALL PROFESSIONAL SERVICES INCLUDING BUT NOT LIMITED TO PAVEMENT INSPECTION AND DATA MANAGEMENT SERVICES. GENERAL LIABILITY: CITY OF NEWPORT BEACH, ITS ELECTED OR APPOINTED OFFICERS, AGENTS, OFFICIALS, EMPLOYEES (See Attached Descriptions) ©1988 -2009 ACORD CORPORATION. All rlghts reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S471987/M471986 CCL SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF NEWPORT BEACH ACCORDANCE WITH THE POLICY PROVISIONS. ATTN: SHAUNA OYLER, AUTHORIZED REPRESENTATIVE PUBLIC WORKS SPECIALIST 3300 NEWPORT BLVD. ©1988 -2009 ACORD CORPORATION. All rlghts reserved. ACORD 25 (2009109) 1 of 2 The ACORD name and logo are registered marks of ACORD #S471987/M471986 CCL AND VOLUNTEERS ARE NAMED ADDITIONAL INSURED PER ATTACHED ENDORSEMENT. WAIVER OF SUBROGATION APPLIES ENDORSEMENTS ATTACHED. AMS 75.3 (2009109) 2 01`2 #S471987/M471986 COMMERCIAL GENERAL LIABILITY POLICY NO, 68048SOL652 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products- completed operations hazard ". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services ". The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance ". But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect when, the "bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage' occurs, and the AUTHORIZED REPRESENTATIVE COMMERCIAL GENERAL LIABILITY "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period CG D3 3109 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. POLICY NUMBER: UB711GY58A WORKERS COMPENSATION AND EMPLOYERS LIABILITY ENDORSEMENT WC 99 03 76 (00) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 5.000% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization ANY PERSON OR ORGANIZATION WITH WHOM YOU AGREE IN WRITING TO WAIVE YOUR RIGHT TO RECOVER AGAINST THEM. YOU MUST AGREE TO THIS WAIVER PRIOR TO THE DATE OF LOSS Job Description ALL OPERATIONS i :r Authorized Representative CERTIFICATE OF INSURANCE CHECKLIST City of Newport Beach This checklist is comprised of requirements as outlined by the City of Newport Beach. Date Received: 10/21/10 Dept. /Contact Received From: Date Completed: 10/21/10 Sent to: Company /Person required to have certificate: Shauna Shauna Oyler Kristin Walters Buckman & Associates, Inc. GENERAL LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co 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? $1,000,000 E. PRODUCTS AND COMPLETED OPERATIONS (Must include): Is it included? (completed Operations status does not apply to Waste Haulers) N Yes ❑ No F. ADDITIONAL INSURED WORDING TO INCLUDE (The City its officers, officials, employees and volunteers): Is it included? N Yes ❑ No G. PRIMARY & NON - CONTRIBUTORY WORDING (Must be included): Is it included? ® Yes ❑ No H. CAUTION! (Confirm that loss or liability of the named insured is not limited solely by their negligence) Does endorsement include "solely by negligence" wording? ❑ Yes N No 1. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail; per Lauren Farley, the City will accept the endeavor wording. II. AUTOMOBILE LIABILITY A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A -: VII or greater) .,A +"(XV) C. ADMITTED COMPANY (Must be California Admitted): Is Company admitted in California? N Yes ❑ No D. LIMITS (Must be $1M min. BI & PD and $500,000 UM, $2M min for Waste Haulers): What is limits provided? $1,000,000 E. PRIMARY & NON- CONTRIBUTORY WORDING (For Waste Haulers only): Is it included? N/A ❑ Yes ❑ No F. NOTIFICATION OF CANCELLATION: Although there is a provision that requires notification of cancellation by certified mail, per Lauren Farley, the City will accept the endeavor wording. III. WORKERS' COMPENSATION A. INSURANCE COMPANY: Travelers Property Casualty Co B. AM BEST RATING (A-: VII or greater): "A + "(XV) C. LIMITS: Statutory D. WAIVER OF SUBROGATION (To include): Is it included? ® Yes ❑ No HAVE ALL ABOVE REQUIREMENTS BEEN MET? IF NO, WHICH ITEMS NEED TO BE COMPLETED? Approved: X-ristinJ 'Wafters 10121110 Agent of Brown & Brown Broker of record for the City of Newport Beach ❑ Requires approval /exception /waiver by Risk Management B &B initials Comments: Approved: Risk Management Date