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Berryman & Henigar, Inc - 2002-04-23
Su ity Contracts Checklist for Submittal to G. ( City Clerk's Office \ Hunt go Beach' (Please transmit this form when your contract is ready to be filed in the City Clerk's office) 1 f To: Connie Brockway, City Clerk r. , x5404 1. Name of Contractor: Berryman & Henigar, Inc. 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park To update the Citywide Pavement Management Plan 3. Expiration Date: If no expiration date, please put a tentative expiration date so the City Clerk's office can inquire of your department if the file is ready to inactivate. 4/23/2004 4. Amount of Contract: $113,926 A. js4h,e attached contract RELATED to a PREVIOUSLY SUBMITTED contract (renewal/amendment/etc)? ❑ YES $r NO lou attach the LIST OF CONSULTANTS from whom proposals were requested —pursuant to HBMC 3.03.100? ❑ YES ®N/A Is the attached contract a SOLE SOURCE? ❑ YES ® N/A Did you attach a COPY of the insurance certificate/waiver and send the ORIGINAL to Risk Management? AYES PLEASE INCLUDE: Jessica Helfrich _ Name/Extension Public Works Department 5/7/02 Date CITV CI FRK'C [1FFICF I IRF ONll V- rY) g:/formslcity clerk contract checkltst.doc • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND Be-miirna� d tenicr ,lac-- FOR I,lo0 datir�he C I J+ jwIde Pay manacleww w P I w Table of Contents 1 Scope of Services.....................................................................................................I 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance......................................................................................2 4 Compensation...........:..............................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.................................................................... --::- :.......................... 3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings.....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited.................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 • • PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND r Tmg� (,end Hin i �j car 1 in . FOR �1pc�crl; r,a-11tie C%�-vwideRiy.eme�-i- Mau�a�,errten+ Plan THIS AGREEMENT ("Agreement") is made and entered into this day of 200Z, by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and �r Md n 0,nd L"�, In(. , a CC L.fiar n i C©r oc>rn -ham hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to la ak .-{jz cd�) w ne oyemerr#- Har6AR"?=n - P1 aQ ; and Pursuant to documentation on file in the office of the City Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with; and CONSULTANT has been selected to perform these services, NOW, THEREFORE,: it is agreed by CITY and CONSULTANT as follows: I. SCOPE OF SERVICES CONSULTANT shall provide all services as described .in Exhibit "A" which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Peke, J. 84,c1cnavr, who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01 1 2. CITY STAFF ASSISTANCE CITY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM; TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on 9 -2-:3 zoo! j unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than 2 V2cur S , from the Commencement Date of this Agreement. These times may be extended with the written permission of CITY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and CONSULTANT. 4.. COMPENSATION In consideration of the performance of the services described herein, CITY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," a fee, including all costs and expenses, not to exceed one- 1r1u.ndre4 A i r-4ce*1 Vn0 uScu-,.cl , nI"e. hMdMd a.vinl -F M4 - S ► x Dollars ($ 113, q 2(P ) 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/15/01 2 compensation for such extra work shall be allowed only if the prior written approval of CITY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B," which is attached hereto and incorporated by reference into this Agreement. 7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY upon expiration or termination - of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by CITY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or, willful misconduct of CITY. CITY agree/forms/profserv10/15/01 3 • shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to CITY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above - mentioned insurance shall not contain a self -insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of CITY. A claims -made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify CITY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting agree/forms/pro£sery 10/15/01 4 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall 'promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by CITY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in this Agreement. CITY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner, the premiums on the insurance hereinabove required. agree/forms/profsery 10/15/01 5 0 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of CITY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. CITY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of CITY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of CITY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. agree/forms/profsery 10/15/01 6 14. COPYFJGHTS/PATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. 15. CITY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no CITY official nor any regular CITY employee in the work performed pursuant to this Agreement. No officer or employee of CITY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. CITY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN: D2,ve Webb, P. E. 2000 Main Street Huntington Beach, CA 92648 agree/forms/profserv10/15/01 7 TO CONSULTANT: 17. CONSENT When CITY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles, captions, section, paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. agree/forms/profserv10/15101 8 Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and CITY agree that CITY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for CITY; and CITY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. agree/forms/profsery 10/15/01 9 24. ATTORNEY' S FEES Except as expressly set forth in Section 8 of this Agreement, in the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY, The parties acknowledge and agree that. they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior agree/forms/profsery 10/15/01 10 understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, &—rryman a*-)d ke1ni'anr, Inc-. Gi Corporrt-Fioh By: �G1 ? �iy► rq n i print nam ITS: (circle one) Chairman/Presiden ice President AND 5 7,4 (z r print name ITS: (circle one) Secretary/Chief Financial Officer/Asst. Secretary — Treasurer agree/forms/profsery 10/15/01 11 CITY OF HUNTINGTON BEACH, a munici 1 corporation of the State of California Director of ^. 6/1c. GcJor c,l (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: City Attorney I I' � � Cf REVIEWED AND APPROVED: a2v Administrator (only for contracts over S50,000.00) SECTION 3 Scope of Services Project Approach The City of Huntington Beach has recognized the need to continually improve the approach used for managing its pavement network. Specifically, the City is proactively seeking an experienced consultant to update and enhance the City's existing pavement management program to assist in its efforts to develop realistic and efficient capital improvement budget and schedule. With our initial assistance in the development of the project, meetings with key City staff, and discussions on future asset management needs, we have developed an approach that will: �-- ■ Determine the present condition status of the pavement network (arterial, collector, and residential streets) as a whole and of any grouping or individual component within the City; ■ Produce a ranked list of streets, or segments of streets, by condition within the network; ■ Determine rehabilitation/maintenance needs of each street segment by year (i.e., generation of new ^ 10-year slurry seal recommendations); ■ Determine an optimized priority maintenance and rehabilitation program based on cost/benefit analysis and various levels of funding; ■ Determine optimum annual budget levels for pavement maintenance for the current and the following 10 years; r' ■ Predict future performance of the City's pavement network and each individual street section; . ■ Train City staff to establish in-house stewardship for future pavement management needs; ■ Provide updated PMS to assist the City with GASB 34 compliance; and ■ Supply condition analysis that can be presented in GIS through custom applications. 1 err 1 n CITY OF HUNTINGTON BEACH 3-1 Pavement Management Consultant Services As a quick overview, Berryman & Henigar outlined the following scope of service tasks to be discussed in detail for the remainder of this section. Task 1: Project Orientation • Administration • Survey methodologies • Project schedule Task 2: Assessment and Improvement of Existing City PMS, CAD, and GIS Files • Data assessment, review and recommendations • Data conversion Task 3: Update of PMS — Pavement Condition Survey • Street segmentation • Naming conventions • Pilot study • Pavement survey • Data entry • Quality control • Status meetings Task 4: Prepare Network Data Report • Review with City staff • Field check data with City staff Develop Recommended Improvement Program (Tasks 5-7) Task 5: Define Repair/Rehabilitation Strategies and Pavement Life Cycles • Assess current City maintenance practices • Define pavement maintenance "decision tree" Task 6: Develop Recommended Improvement Program Using Cost -Benefit Analysis • Define unit costs • Maintenance projections defined over length of Capital Improvement Program Task 7: Prepare Executive Summary Final Report • City review BeL ->< n CITY OF HUNTINGTON BEACH 3-2 Pavement Management Consultant Services S� Scope Uf S, Task 8: Training, Provision of Materials and Manuals • Engineering and maintenance Task 9: Annual On -Going Support Services • 2-year minimum of support • Maintenance updates, re -inspections, telephone support Task 10: On -Call Services • Updates of final reports, presentations 07 r Screenshot of Custom Applications Developed for Linking Pavement Management Systems to GIS Task 11: Purchase of CarteGraph Software Corr .1 viz CITY OF HUNTINGTON BEACH 3-3 Pavement Management Consultant Services TASK 1: PROJECT ORIENTATION A pavement management project requires the cooperation and coordination of many people, and for the City of Huntington Beach it will be essential to establish up front the City's immediate pavement management priorities. The Berryman & Henigar team will meet to discuss in detail the expectations of the project and the Pavement Management software tools to be used in relation to data collection, pavement analysis, and CIP reporting. From there, an initial review of the key data will be completed to determine what assets the City would like to have surveyed above and beyond pavement distress. The first key topic to be discussed will include the review and assessment of the existing pavement data, City annexations, data quality and condition, current procedures and applications for pavement maintenance, available resources, historical expenditure levels, and desired service levels. Other key elements involve defining the capabilities and benefits of the CarteGraph pavement management • software being considered by the City. This will establish a project structure and schedule that conforms to • the internal workings of the software. In regard to pavement analysis, a key component of these discussions will focus on data collection methods, inspection and budgeting analysis and how they will be used in the • future to ensure the most effective results. Through these discussions our project team will gain an understanding of the City's unique needs and will identify specific areas of concern that will need to be included as part of the pavement management program. TASK 2: ASSESSEMENT AND IMPROVEMENT OF EXISTING PMS, CAD & GIS DATA In order to update and improve the City's existing PMS and to create a pavement - GIS link, we would like to have access to the most recent pavement management system (PMS) dataset and GIS street centerline layers (shp format) currently maintained by the City. Upon receipt, our team will begin the process of establishing our survey procedures and eventual data link with the GIS. Our team uses the centerline file to establish all pavement segmentations and street naming conventions used for the project. From there, our staff will create a unique "pavement layer" separate from the original centerline file. This new layer will be implemented at the City in coordination with the GIS department. Berryman & Henigar will review existing files to assess existing street naming conventions, as well as ensure a one-to-one match for joining the pavement data and GIS "pavement layer," or querying the GIS data at later dates. Our staff will work with the City's GIS staff to assist in the development the City's ArcView "pavement layer" to show all City -maintained streets once the survey and reporting tasks are complete. This is a critical step in quality control, where all routes that were surveyed will be identified and mapped. The data needs to be built into the system immediately since the City is improving and constructing pavement sections or scheduling construction of new streets. With the dynamic GIS link that Berryman & Henigar will develop for this project, City staff will have a "real-time" snapshot of pavement project progress and the ability to view any pavement information that resides in the City's CarteGraph dataset. With the City's GIS staff will be available at the request of the Public Works Engineering department to coordinate with Engineering, Maintenance Operation staff, or Berryman & Henigar to assist in Tasks 1-10 for database design issues, data value definitions, and GIS interface database designs. The City's GIS staff will provide GIS PMS products, services, or query and analysis at the request of Public Works Engineering. CITY OF HUNTINGTON BEACH 3-4 Pavement Management Consultant Services — -----7 ® ' S1CTI0 3 E. �r coa o services TASK 3: UPDATE OF PMS — PAVEMENT CONDITION SURVEY Validation of Inventory Segmentation Criteria The first step in conducting the pavement condition survey involves validating and confirming the inventory segmentation criteria for the City's pavement network. This will be based from the information obtained from the City, GIS centerline layer, and the existing database, and will act as an initial quality control for standard street naming conventions. Once all routes have been validated, Berryman & Henigar and a City staff member will visually review a 10 percent sample set of Huntington Beach pavement data from the existing system (the sample set will include arterial, collector, and residential routes). This will act as a PMS pilot study and will allow City staff to see the cost-effectiveness of our survey methodologies and delivery of quality of data. We will also demonstrate our ability to link the pavement datasets to the City's GIS coverage. Berryman & Henigar has developed several custom in-house ODBC linked applications to work between PMS software (CarteGraph, and ArcView). Our GIS Programmers will also demonstrate the "GIS value-added" services we will provide to the City for this project. In assessing the existing Lorick PMS dataset, our staff will review critical pavement data (e.g., inspection/distress, street dimensions, work history information, structural and ride data, etc.). Data that is found to be viable to the project will be converted to the new PMS program. Our staff will review the data before the conversion takes place. r' Field Review Once the surveyed pavement network has been verified, the inspection of approximately 466 miles of streets will be made and all 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 Army Corps of Engineers sampling guidelines and CarteGraph field manuals while being flexible to current City practices. The survey will be performed by a team of experienced and trained Berryman & Henigar personnel using an automated system to collect field data (collection of data is recorded into our field Compaq iPAQ units, and downloaded into (� the matching CarteGraph database files). This data is collected in - hand (see image on the right) and transferred at the end of the day to our in-house workstations for quality control and data population. The first key step in surveying a specific pavement section is to record/verify its length and width while assessing for ride and drainage o ratings. From there, the surveyor will perform the necessary Ias ,�t� �-'' condition -distress survey and it is important to note that pavement d Q ' i segment dimensions/surface areas, along with the distress quantities are accurate within tolerable limits. This is noteworthy due to the "implied" accuracy of reporting (length and width to the nearest foot, surface area and distress to the nearest square foot). Berr i n CITY OF HUNTINGTON BEACH 3-5 Y `U" Pavement Management Consultant Services Based on street conditions and/or traffic, our staff will measure specific or distinct distress types by hand. An example of the information that is collected/verified during the survey for the pavement management database is listed below: 1. Attribute Data • Designation of ownership or jurisdiction such as City, county, state or federal agencies, and privately owned property • From/to, indicating the assigned limits of the section • Name of street • Segment codification, which will allow for assignment of special designations (i.e., truck routes and school zones) as well as maintenance districts • Street classification indicating function, such as local, arterial, or collector, etc. • Number of travel lanes • Presence of curb and gutter and sidewalk in each section (critical for GASB 34) • Segment quantities, indicating the length, width, and total area of the section (critical for GASB 34) • Surface type: AC, PCC, gravel, dirt • ADT volumes We welcome staff members from the City of Huntington Beach to join any portion of our survey efforts. Condition data will be evaluated for all street segments and shall include the following condition characteristics: 2. Condition Characteristics • Pavement distresses by type of distress severity and area (i.e., alligator, block, transverse, edge cracking, raveling, bleeding etc.). Specific types of distresses to be measured will be determined prior to the start of the inventory. • Drainage Condition Rating will be completed for each segment. Rating range from Very Good to Very Poor and is used as a planning tool for CIP reporting. The rating is based upon visual assessment of inlet and culverts that are clear, standing water, and inspector awareness of moisture -induced distress. • Pavement Condition Index (PCI), taking into account the surface condition, level of distress, ride, and drainage provides an overall condition assessment. The numbering system ranges between 0 and 100, with 100 indicating new pavement (approximately a 25-year life expectancy without preventive maintenance). • Other road characteristics that affect the safety and adequacy of the pavement. • Ride quality, ranging from a "perfectly smooth" ride to one that is very rough and may pose a safety hazard. • Surface conditions will be evaluated and each segment rated with an overall score, taking into account general surface characteristics, weathering, etc. CITY OF HUNTINGTON BEACH 3-6 Pavement Management Consultant Services The specific types of pavement distresses to be collected will be reviewed and verified during discussions with City staff prior to the start of the survey. We will collect data on the extent and severity of distresses such as longitudinal/ transverse cracking, edge cracking, bleeding/ flushing, etc. Other types of distress data that might be of particular concern to the City, including truck damage or OCTA/City bus routes, will also be collected. This information will allow us to conduct the inventory in a simple, fast, and efficient manner. At several scheduled times during the survey, Berryman & Henigar staff will perform a quality control test within the pavement Add Condition Entry x AC Asphalt Concrete 1+ Imbtpe'tii idodr�iata S164m, AC Bumps & Sags ir4 ;I AC Corrugations (shoving AC Depression AC Ed a Crackino �P 1 4. AC Lane/Shoulder Oropof AC Linear Cracking (transi AC Patching AC Polished Aggregate (+� �, � Sax�r!,'k�► G��1� . Mea�ur�m�nts ;'Modara�a Q , '�:�j, A(Coc"tedAriia �� 'rt=',W x Ate, e , � 'T Defaiht'nf`Mor#AeSevp_ F e [ Further development of light fatigue cracks into a pattern or network of W cracks that may be lightly spaced (crack spalling is a breakdown of the . material along the sides of the crack).eY yf ' r management software using a sample set of Huntington Beach street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are programmed correctly. Berryman & Henigar staff will input all collected pavement data into the software along with any additional roadside data that has been defined for this project (i.e., presence of curb and gutter, sidewalk). Our staff and surveyors will be responsible for organizing the work to minimize traffic disruption on the City's street system. All work will be performed in accordance with OSHA standards, and furthermore, Berryman & Henigar staff will inform City engineering and police staff when and where our teams will be working within the week's period. Using this software, all items listed above will be maintained by Berryman & Henigar for the duration of this project. We will provide your staff with the electronic copies of your updated/converted PMS database files for r inclusion into your network. All conversion/verification will be performed in-house at Berryman & Henigar using the most recent version release of CarteGraph. From there, we will coordinate with your staff to purchase the CarteGraph software and/or implement the new files with your information services/communication network. All pavement and GIS data that will be generated for this project will be implemented on the City's network. Each individual workstation using the PMS software and custom r- applications will have the necessary installation performed to allow for use or "viewing" of the data. Quality Control Berryman & Henigar will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner a percentage of the original surveys will be re -surveyed by a different crew, supervised by a field supervisor, and the results will be compared to the original surveys. The quality control process involves checking the two field crews' work in "blind study" fashion. This will be done to ensure that all field personnel are properly categorizing the distresses and that correct pavement quantities are established for all street segments. As the project progresses, the database will be updated on a daily basis and evaluated for missing data. As missing data items were found, field personnel were notified and the data if available was collected. 13.err i : n CITY OF HUNTINGTON BEACH 3-7 T— " `' ' ar Pavement Management Consultant Services SECTI!UN 3 Status Meetings Monthly status meetings during the condition surveys between Berryman & Henigar and the City's staff will be conducted to report on project status, concerns, and quality control efforts. Any action items from these meetings will be completed and data collection/entry will continue. TASK 4: PREPARE NETWORK DATA REPORT Upon completion of the Pavement Condition Survey, Berryman & Henigar will prepare a report that documents the condition of all pavement segments inventoried. The report will serve as the primary method for quality control of the data to be included in the final report. The City will review these reports and our staff to ensure that all inventory data is correct. As mentioned in Task 3, our staff will conduct an in- house "pilot study" with actual pavement data taken from our surveys. Once this has been completed and all data has been entered into the updated system, our staff will generate a Network Data Report that will include: • Network/street database • PCI report • Drainage and ride report • Present status/condition (shown to the right) • Network needs analysis • Maintenance/rehabilitation report • Maintenance schedule • Budget analysis report wool lIFI fJ �si[[l 710 1RW. RJ44 A presentation/meeting will be conducted with City staff and, at that time, any action items, edits, or recommendations will be made and delivered in the final report. DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 5: DEFINE REPAIR/REHABILITATION STRATEGIES AND PAVEMENT LIFE CYCLES Following the acceptance of the pavement network data report, various repair/rehabilitation strategies will be discussed. Berryman & Henigar will help the City develop the most cost effective preventative maintenance, repair, and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize on maintenance activities that would be applicable to the City. With CarteGraph, the existing "decision tree" or "decision matrix" has the ability to be matched to any existing strategy, which is currently in use by the City of Huntington Beach. We will work with the City to develop and define the necessary maintenance strategies and also build or recommend approaches that may be beneficial to this project and future activities. These strategies typically include R&R, slurry seals, overlays, and reconstructions based on the condition of the "maintenance sections," the expected improvement in pavement condition and life -cycle extension, which would result, and the unit cost of each maintenance. CITY OF HUNTINGTON BEACH 3-8 Pavement Management Consultant Services w7b" Scobe The strategy assignments will be based on road class, maintenance zones, and type of surface, which are user - defined and flexible, allowing selection of appropriate activities, unit costs, and life cycles for the pavement management program. Berryman & Henigar also reviews the standard deterioration curves that will be developed based on traffic volumes, pavement surface, and road class. The curves will be modified based on local pavement conditions present at the time of the survey. With Berryman & Henigar working will numerous local agencies in Southern California, we will also benchmark the City's unique deterioration curve to similar surrounding agencies, basically a Regional California deterioration curve. PAVEMENT LIFE CYCLE STANDARD DETERIORATION CURVE Cl (Pavement Condition Index) 100,-- i, EXCELLENT 90 - VERY GOOD 60 Preventative Maintenance GOOD �\ Slurry Seal $0 I IfSF Y� FAIR 70 - y 60 _ Major Maintenance -""'"' '-" _- Overlay $0 59/SF 5040 _. POOR Rehabilitations Overlay w/ Fabncs $0 69/SF 30 20 10 VERY POOR — Reconstmcnon $3 08/SF -- Reconstruction 0 1 3 5 7 9 11 13 15 17 19 21 23 25 27 PAVEMENT LIFE (YEARS) TASK 6: DEVELOP RECOMMENDED IMPROVEMENT PROGRAM USING COST BENEFIT ANALYSIS Berryman & Henigar's Project Manager and Principal -in -Charge will "The maintenance work closely with City staff in defining repair and rehabilitation recommendations made by any strategies for the 7-year Capital Improvement Program (CIP) that will be developed (i.e., 2002 through 2009). Once the repair/rehabilitation software are only as good as strategies have been the engineering fundamentals PP that support them. " defined, the software will ae- be used to identify the ", recommended maintenance and rehabilitation projects for each r street over a given period of time which will cover a ��� g �, ; �� g p ' 7-year CIP schedule. The recommended projects will be identified on the basis of several criteria: costibenefit of individual strategies, present pavement conditions, current traffic volumes, current and unconstrained funding levels, accrued backlog levels, future routine and major maintenance Mkl needs based on projected deterioration rates, future AHRP objectives and goals, desired levels of service and available Comparison of Budget Scenarios resources. (Current, Ideal, and Unlimited) CITY OF HUNTINGTON BEACH 3-9 Pavement Management Consultant Services r The primary emphasis of this task is to maximize the programming of street maintenance projects using the most cost effective strategies available, and taking into account a life cycle cost analysis of each strategy recommended. Within our report, three scenarios will be presented for the City to consider or compare against. This will include reporting on the City's "current" CIP budget, as well as demonstrating an "ideal" scenario (to maintain and ideal PCI level) and an unlimited scenario. In addition, we will work closely with City staff to proactively schedule projects to be included in Measure M funding recommendations. Following this analysis, maintenance project lists will be generated for the several funding level scenarios: the existing "actual" amount of available funds (i.e., City's funding level) and proposed, unlimited, and constrained funding levels given the most cost-effective Pavement Management Plan. In this way, if available funding is less than required for completion of recommended projects within a given year, it will be easy to determine which projects can be deferred with the least impact on current pavement condition and future rehabilitation cost. TASK 7: PREPARE EXECUTIVE SUMMARY FINAL REPORT (MEASURE M COMPLIANCE) The final Pavement Management Program Report will provide a summary of the findings from the condition survey with the corresponding recommendations for the implementation of the most cost-effective maintenance program each year (this report will be suited for an audience of managers and council members). The report will be prepared in a format that will utilize the information found in the computerized PMS reports in conjunction with the information and analysis performed by the Berryman & Henigar pavement management team. The report will provide the City with information on: • Current inventory and PCI shown in tabular and graphical format for all road classes and surface types (pavement condition report, priority listings); • Projected annual repair/rehabilitation programs for street maintenance on all streets for a 7-year period (Action Forecast Report) that demonstrates the largest return on investment; • Project schedules and associated budgets (i.e., adjusted for inflation within the software based on user -selected inflation factors) for the entire network, as well as each street segment, for each fiscal year over the given period of time (7-year CIP); • Priority projects that should be scheduled for immediate maintenance, based on user defined priorities and existing conditions; • Exhibits showing existing PCI ranges and locations, as well as showing the proposed annual work to be performed based on the 7-year CIP package; • An analysis that allows the City to measure and understand the impact on and cost of deferred maintenance for the City street network; and • Review and development of recommended funding programs for street related improvements. Berryman & Henigar will submit copies of the Final Pavement Report, in binder form, as well as a digital copy. CITY OF HUNTINGTON BEACH 3-10 Pavement Management Consultant Services TASK 8: TRAINING, PROVISION OF MATERIALS AND MANUALS With training being one of the key priorities for the City of Huntington Beach's Engineering and Maintenance staff, we will provide City staff with the quality, certified training, and necessary skills needed to steward and use the PMS. Berryman & Henigar will provide City staff with all pavement/GIS data collected as well as updated operation manuals for both field data collection and software use. Based on the number of future users, our staff will deliver as many copies as needed to facilitate the program. The City has indicated that each individual workstation will have "read only" rights unless authorized. With Peter Bucknam and Mat Huff, Certified Training Professionals, the conduction of comprehensive multi - day training sessions covering implementation, interfacing with the system, and editing/updating the database • will be performed. This is estimated to consist of two full days of training. Condition Survey Training Berryman & Henigar will provide field techniques training used for this project to inventory the pavement • conditions to City staff so that they have a clear understanding of how the system is developed and data recorded. City personnel will be versed in the proper procedures for data collection, thereby ensuring the ability of the City to repeat the pavement survey on its own when the need arises. Pavement Management System Software Training With the inclusion of key Berryman & Henigar technical staff that are fluent with PMS operations from the public/private sectors and implementation and development, a complete step-by-step training schedule will be established for City staff. At that point, the City will be able to update each individual portion of the dataset as work requests, schedules, and record edits as needed. Berryman & Henigar will provide pavement system software training that will concentrate not only on the use and operation of the software, outlining the steps for proper ongoing maintenance of the system database, but also on the necessary program tasks that are required to maintain and update the City's pavement management program on an annual basis. The training will include such items as: • System operation overview Review the process flow of annual activities required to maintain the program specific to the City of Huntington Beach Mock replication of annual PMS support activities (i.e., re -inventory office procedures; updating of maintenance costs, strategy assignments, engineering data, deterioration curves; interpretation and utilization of management reports) The PMS programs mentioned herein are self-contained menu -driven programs that will allow the City to manage its PMS by tracking street conditions, developing capital improvement budgets, and tracking historical workloads on all the street segments within the City network. CITY OF HUNTINGTON BEACH 3-11 Pavement Management Consultant Services For example, each program is capable of. • Defining maintenance strategies, unit costs, pavement life cycles, and deterioration curves; • Developing budget and cost information that can be readily changed to reflect annual changes in fiscal requirements, and to reflect multi -year budgeting needs (i.e., "what if' budget analysis comparing the impact on maintenance programs and service levels based on various funding levels); • Demonstrating graphically (i.e., pie charts, bar charts, etc.) and in tabular format the overall condition levels for the entire street network based on the items mentioned above; • Compiling and storing construction -related information (i.e., "design" and "as -built" highway sections); and • Entering and storing completed maintenance projects to keep an archive of all work -related activities relative to each pavement section. In addition to PMS software training, Berryman & Henigar will provide the training in ArcView for any GIS "custom application" or "pavement layer" implemented by Berryman & Henigar. The training will concentrate not only on the utilization of the software, such as its SQL analysis, but also on the use and operation of a GIS, producing reports, layouts, and spreadsheets. TASK 9: ANNUAL COMPLIANCY, ON -GOING SUPPORT SERVICES Berryman & Henigar will provide annual support- for a minimum period of two years providing quality and accurate use of the in-house operation of the CarteGraph software. Once the City has approved the Final Pavement Management Report, this service will become active. This will include receiving and entering yearly pavement maintenance workload updates from the City to the system, assessing, and reviewing the City's upcoming maintenance schedule for that fiscal year. The agreement will also include the provision of two years of combination on -site and telephone support for the City staff. TASK 10: ON -CALL SERVICES As needed, Berryman & Henigar will provide consulting services requested by the City of Huntington Beach regarding PMS reporting and analysis. Deliverables will include a final report based on the information requested as well as an executive summary describing the methodology employed. In addition, this task includes presentations to the City Council or managers showing the results of the updated program. TASK 11: PURCHASE OF CARTEGRAPH SOFTWARE With CarteGraph releasing Version 5 PAVEMENTview Plus last fall, Berryman & Henigar will purchase the necessary software for the City. The PAVEMENTview Plus software will be licensed to the City of Huntington Beach. Berryman & Henigar will provide your staff with the electronic copies of your updated CarteGraph • PAVEMENTview Plus database files for inclusion into your licensed copy of Huntington Beach PMS • software. All conversion, verification will be performed in-house at Berryman & Henigar using the most recent version release of the software. From there, we will coordinate with your staff to purchase the software and/or implement the new files with your information services/communication network. With the inclusion CITY OF HUNTINGTON BEACH 3-12 Pavement Management Consultant Services of GIS services under this project, MAPdirector for ArcView Version 5 will also be purchased that will allow the link between the pavement dataset and GIS "pavement layer" to be established. Services/Information To Be Provided By The City • Access to utility information, surveys (including any GIS data), geotechnical data, traffic data, drawings and other data on file with the City • A GIS electronic centerline coordinate file depicting street centerlines, street segment numbers, route back/ahead and street naming conventions for the construction and or repair of a Microsoft Access Database containing all of the required data from Tasks 1-10, plus any additional data needed for eligibility for Measure M funds. • Available structural sections of pavement Latest annual average daily traffic (ADT) counts • Most recent city map • Available road maintenance records (materials, unit costs, engineering bids, etc.) • Existing Lorick PMS data Project Schedule Below is the schedule that our team will adhere to in performing and completing the pavement management system for the City's project. The schedule indicates project milestones and completion times, and includes time for City staff to review the draft reports. ID Task Name er I 2nd Quarter I 3rd Quarter 4lh Quarter 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 1st Quarter 2nd Quarter 3rd Quart Mar May Jul Sep Nov Jan Mar May Jul Sep Nov Jan Mar May Jul 1 - Data Assessment, Work History & Quality Control Pavement Conditien Surrey (466 miles) Project Status Report Prepare Network Data Report - Develop Recommended Improvement Program Define Repair/Rehabilitation Strategies/Life Cycles ------ ---- - - --. __. Develop Recommended Program/Cost Benefit Analysis Prepare 7-year CIP Report -- ry- -- City Review of Final Report (OCTA Delivery by City) �3NS 4122 i - - •-- � I I I 2 3 4 5 6 7 8 9 10 11 -- - Training, Provision of Materials nu and Maals -- — - 12 Annual Compliancy, On -Going Support Services —� -'— -_ - - - -- --- - --- --- - - Illp 13 14-11CIS 15 16 On -Call Services �_A — -- --- -- -- ---_ Segmentation -Establishment of PMS -GIS Link Pavement GIS Custom Applications Pavement Condition Survey 2003-2004 (a rox. 108 miles rr ) ( I ( i CITY OF HUNTINGTON BEACH 3-13 Pavement Management Consultant Services City of Huntington Beach Pavement Management Program Proposed Fee Project 1 Asset Mngt GIS ior FS Senield Field Total by Description Principal Manager Specialist Programmer Technician Technician Task Base Fee $180/hr $108/hr $87/hr $85/hr $57/hr $43/hr Task 1 Project Orientation 2 2 $1,496 4 4 Task 2 Assessment and Improvement of Existing PMS, CAD, and GIS 32 48 24 18 $14,058 Task 3 Pavement Condition Survey (approx. 466 centerline miles) 2 16; 24 570 430 $55,156 Pavement Condition Survey FY 2003-2004 (approx. 108 miles) 2. 4 8 120 60 $ 08 Task 4 Prepare Network Data Report 2 16 6 12 �94 Develop Recommended Improvement Program Task 5 Define Repair/Rehabilitation Strategies/Life Cycles 2 6 4 $1,356 Task 6 Develop Recommended Program/Cost Benefit Analysis 2 16. 8 $2,784 Task 7 Prepare Executive Summary Final Report 4 401 8 $5,736 Task 8 Training, Provision of Materials and Manuals 20 10 $3,030 Task 9 Annual Compliancy, On -Going Support Services (2 years) 20 20 8 $4,356 Task 10 On -Call Services 20 16 $3,552 Task 11 Purchase of CarteGraph Software (PAVEMENTview Plus v5) $6,500 Other Direct Costs (materials, reprographics, per diam) $1,700 Deliverables will become property of the City of Huntington Beach Total Hours per Staff 50 210 130 728 490 $113,926 Total Base Fee $ 9,000 $22,680 $ 11,310 $ 170 $ 41,496 $ 21,070 Personnel Title **Hourly Rate **Hours indicated for Yazdan Emrani Principal- In -Charge* $180 Personnel should• Peter Bucknam Project Manager* $108 considered as Mathew Huff Asset Management Specialist $87 standard hourly rates Lihong Zhang GIS Programmer $85 for additional Larry Chan Senior Field Technician $57 extended services Kasey Retherford Field Technician $43 Provided for the City. Chris Victorio Field Technician $43 * Hourly rate increases indicated herein compared to Fiscal Year 2000 are due to cost of living increase. Hourly rates have been adjusted accordingly NON-DISCLOSU" b )LA 1 Eivir,iv 1 (For Oy Consultant or Sub -Consultant to•ensee) I do hereby agree that Lac✓f �hGch — -ThL and its employees shall use reasonable (Consulunmib-Consuiwt) .efforts to treat and maintain as confidential property, and not use other than in our capacity as consultant/ sub -consultant to City of Huntin1gon Beach ("Licensee") for the specific purpose (aescrtoe spectrtc purpose ana ame name car use) . �� �G r� /Cpi�rt 5 as r✓e�� �S S f/ �cc "►,'n 5 ✓ 1.�5 (°`purpose") or disclose to others, information (including any technical information, knowledge or data) which may come within Signatory's knowledge in the performance of or in connection with the Landbase/GIS mapping data provided as described below. The informationlarea covered in the data provided is: Further provisions of this Non -Disclosure are as follows: SCOPE OF NON -DISCLOSURE (describe in, 5AVI�, 4 Signatory shall not (a) sell, rent, lease, assign, lend, sublicense, or otherwise convey, transfer or grant any right in or to the Landbase or its right hereunder; (b) utilize the Landbase with any service bureau or time- sharing system; or (c) allow any person who is not an employee of Signatory with a need to use the Landbase in the course of his or her employment to have access to the Landbase; (d) use the Data or any part thereof, to build or enhance any database in any form for resale or distribution. Signatory shall be exclusively responsible for the supervision and control of its use of the Landbase. PROTECTION OF PROPRIETARY MATERIAL Signatory acknowledges that the Landbase contains an independent compilation of land records and other spatial data, and copyrighted matter proprietary to County of Orange/The Gas Company and, as such, constitutes valuable assets of County of Orange/The Gas Company. Signatory shall not use the Landbase for any purpose not specifically stated above and shall take all reasonable precautions to protect and maintain the confidentiality of the Landbase, including those precautions Signatory employs to protect their own confidential information. Signatory shall not disclose, publish, display, or otherwise make available to any third person any of the Landbase or copies thereof in any digital form without County of OrangefMe Gas Company's prior written consent. Signatory shall not copy any of the Landbase, or any portion of the Landbase, except with the prior written consent of County of Orange/The Gas Company, except for back-up purposes. County of Orange/The Gas Company shall retain all title, copyright, and other proprietary rights to all Landbase information furnished by County of Orange/The Gas Company to Signatory and all copies made by Signatory. Signatory acknowledges that any failure by Signatory to comply with these requirements will cause County of Orange/The Gas Company irreparable injury. page Non -Disclosure Statement Consultant/Sub-consultant In the event of a breach thereof, County of Orange/'The Gas Company shall be entitled to, in addition to any other remedies available under the law, injunctive relief without the posting of a bond or other security, plus an award of reasonable attorneys' fees, including house counsel and County Counsel together with all costs as set by a court of competent jurisdiction. RETURN OF DATA Any data provided to Signatory within the confines of this Non -Disclosure shall be returned to the Licensee or the County when Purpose is concluded or when directed to do so by Director, PFRD or Director's Designee. If data provided under this non -disclosure is lost, stolen or cannot be returned, as described herein, for whatever reason, Signatory/Licensee will be responsible for paying to County, the cost of data as shown on the OCGIS Fee Schedule attached as Exhibit A. SIGNATURE REQUIREMENTS The person signing must be a principal of the firm he/she represents. This may include, but is not limited to, President, Vice -President, or CEO. If person.signing represents a public or government entity, the individual who signs shall be a person in a . responsible management position. This may include, but is not limited to, Mayor, City Manager, Director of Public Works, or Agency Director. The signature must be notarized and be accompanied by evidence that individual signing has the authority to bind the organization. Signatory Consul t/Sub-consu t to Licensee) ignatur ate Title Firm Name Address Phone Number P,3 DD D:\DESKTOP\UesWON DISCLOSURE CONSULTANT.doc Licensee Signature Date City of Huntington Beach Firm Name D94-130 License Agreement No. page 2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of OR -A N C C ss. On APAIL_ IIS_. 2(X)2, before me, LEE&) -A LE Date Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared YA2 A N-) E M9_� )1 Name(s) of Signer(s) lJ ENA Commission # 1292960 Wary Public - Collfarnto Orange County 1@MVCaTMI-IiesFebs,2L)05 Xi personally known to me L- proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand an official seal. Xf Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual C Corporate Officer — Title(s): ❑ Partner — E. Limited ❑ General Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER ... 01999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1-800.876-6827 --- - -- ---- City of Huntington.seaCn lII-UUU3c "&r,&&"& (For usle Consultant to City of Huntington J#ch) I agree that the Firm of +ice GN IA- Eric and the employees or sub -consultants there of shall make every effort to regard and preserve as the property of the City of Huntington Beach, the loaned digital data described on this agreement, and further agree not use this digital data in any other capacity as a consultant or sub -consultant to the City of Huntington Beach except for the specific purpose of: eO&I 7'i O'C '�/ E'li 5 � r✓�i 'm .� aS �✓� �/ CIS 5 �,r /7 e?P? Ce'l ve �'oh S The information specifics and geographic area covered in the digital data provided are: Additional conditions of this agreement are as follows: 1.) The signatory of.this agreement shall not loan, provide access to, give out, lease, rent, sell, grant any right, publish, provide or make copies of, or transfer possession of this digital data. in any way to another person, party or Firm, or permit any person who is not an employee=of the signatory with a need to use this data in the course of the performance of work for the specifically contracted City project to use this data or any part of this data in any manner, or to utilize this data or any part of this data to build or enhance any database in any form for other projects, distribution, or sale. The signatory of this agreement shall be exclusively responsible for the use and control of this data, and the compliance to the terms and specifics of this agreement. 2.) The signatory of this agreement acknowledges that this digital data is the property and asset of the City of Huntington Beach, is on loan, is a compilation of data from other sources of varying accuracy, is provided as a convenience to the signatory, that the City of Huntington Beach is not responsible for the completeness or accuracy of this data, that the City of Huntington Beach will retain all ownership, copyright, and proprietary Tights to this data, and that it is the responsibility of the signatory to verify all data to their own satisfaction. ( Con't ) U • 3.) Any digital data provided to the signatory ofthis agreement is on loan and shall be returned to the City of Huntington Beach when the purpose for which it was provided is concluded, or when directed to do so by the City of Huntington Beach. Digital data or any portion thereof provided under this agreement that has become lost, stolen, or cannot be returned for whatever reason as describe above, will represent a breach of this agreement and would entitle the City of Huntington Beach to any corrective measures or awards under the law. 4.) It is acknowledged by the signatory of this agreement that the digital data described in this agreement is not for any type of City of Huntington Beach GIS Project, GIS Application, GIS Service, GIS Visual Basic Application, or GIS Mapping project. It is also understood that this loan of digital data will encompass the 5AarcX /e-5 minimum geographic area defined by the City project, and that data will be provided incf files only per the specifications and guidelines of GIS in conjunction with the existing GIS workload. It is further acknowledged that ns of uhf;� fbti xGGh c,.,; (I Jv- ;h Ms Acce55 h-S dafa w l/-..�►tQ� 40/u-vn', 0 w;// G Dv/e�h rG c✓� �'l� �'h G �'P.i P✓/� ^per da to f/, C,-/,) G✓. /1 A:; /vov; 5.) The individual signing this agreement must be' authorized by the above organization to do so. V 6.) The signatory acknowledges that any failure by signatory to fulfill and comply with these requirements will constitute a breach of this agreement, and would entitle the City of Huntington Beach to any corrective measures or awards available under the law. Consultant/Sub-consultant �- 'gnature Date Title Owner / Title Z/1 C Firm name Address 1?o2 �S Phone Number CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California nn County of 6PA N G C ss. On ARIL 1S - 2002, before me, tE k A- te , Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared `lA Z_MN E-H -e. A11U 1 , Name(s) of Signer(s) LEENA !F Commission # 12929601 Notary Public - California Orange County eWMVComm.ER3hresFeb364D05 .-k personally known to me �] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS y hand an official seal. Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer Signer's Name: ❑ Individual Top of thumb here ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee ❑ Guardian or Conservator C Other: Signer Is Representing: 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Call Toll -Free 1.800-876-6827 City of Huntington Bea Addendum to county of urange itiuu-ivizulu3ua c (For use by Connt or Sub -Consultant to City of Hengton Beach) In addition to the conditions described in the Non -Disclosure Statement from the County of Orange, it is acknowledged by the signatory of this agreement that the digital data described in this agreement is not for -any type of City of Huntington Beach GIS Project,.GIS Application, GIS Service, GIS Visual Basic Application, or GIS Mapping project. It is also understood that this loan of digital data will encompass the minimum geographic area defined by the City project, and that data will be provided in cf files only per the specifications and guidelines of GIS in conjunction with the existing GIS workload. It is further acknowledged that eci ica ons o eFminditions to Publie � n'► cam. s df��, //�,� � / n D� /.��rmav�tjh -tha?— �✓✓`l� Lr� v�e�� f� w' f "�i �- �=���.��. �� _��� Consultant/Sub-cons to // A /y �2 'gnature bate Firm name . ; �— Title Address�5 Owner / Title Phone Number CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of .,. 06 6 ss. On f(PRIL I S , 26D2-, before me, tCDJ - LC Dale Name and Title of Officer (e.g., "Jane Doe, Notary Public") personally appeared PRAM Name(s) of Signer(s) LEENA LE _ Commission # 1292960 Notary Public - California Z Orange County MV Comm. ErPk8S Feb 3, 2005 Place Notary Seal Above 4 personally known to me ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my and and fficial seal. Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(lies) Claimed by Signer Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General C Attorney in Fact ❑ Trustee C Guardian or Conservator E. Other: Signer Is Representing: Number of Pages: RIGHT THUMBPRINT OF SIGNER .. of thumb here 0 1999 National Notary Association - 9350 De Soto Ave., P.O. Box 2402 - Chatsworth, CA 91313-2402 - www.nationalnotary.org Prod. No. 5907 Reorder: Cell Toll -Free 1-800-876-6827 n12-60. e4'%w neeevueul ACQW. CERTIFICA F LIABILITY INSURA E 4„8102"°°""` PRODUCER Dealey, Renton & Associates P. O. Box 10550 Santa Ana, CA 92711-0550 714 427-6810 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE D'SURED Berryman & Henigar, Inc. 11590 W. Bernardo Court, 0100 San Diego, CA 92127-1624 INSURERA: Design Professionals Insurance Co. INSURER B: INSURER C: INSURER M INSURER E: CnVFROGFR THE 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EfiECTR/E POLICY EXPIRATIONDATE ILTIa LMTS GENERAL LIAB`RY EACH OCCURRENCE $ FIRE DAMAGE (Any one fire) $ COY M ERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR - MED EXP (Any are Person) 5 PERSONAL 6 AOV INJURY S GENERAL AGGREGATE E GEN'LAGGREGATE L[MIT APPLIES PER: PRODUCTS-COMPIOPAGG E POLICY F jFrT 71 PRO- LOC AUTOMOmLE LIABILITY ANY AUTO COMBINED SINGLE LIMITS (En acaeerd) . BODILY INJURY (Per pet ) . S ALL OWNED AUTOS ' SCHEDULED AUTOS - • "."_� :. ^i�-t:•'•9''•i71 J _- . -I���., - i BODILY INJURY00)E (Pet elzidenp HIRED AUTOS NON -OWNED AUTOS Sy.. ✓ `" `t i'.V J Kn_' ` � / / / f// PROPERTY DAMAGE (Per acridON) $ ' GARAGE LIABLL ITY I AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANV AUTO I $ AUTO ONLY: AGG EXCESS I IABLITY EACH OCCURRENCE S OCCUR CLAIMS MADE AGGREGATE S 5 S DEDUCTIBLE S RETENTION $ WORKERS COMPENSATION AND V✓C LIMIT OTH• EMPLOYERS' LIABBJITY E.L. EACH ACCIDENT $ E.L. DISEASE - FA EMPL OYEE S E.L. DISEASE-PDLlCYLIMJ7 A OTHER Professional PL300397 11/21/01 11/21102 $1,000,000 Per Claim Liability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATION&vENICLE.WEXCLUSIONS ADDED BY ENDORSEMENTrSPEC1AL PROV610NSL 'Except for non-payment, 10 days notice given. City of Huntington Beach Attn: Ross Cranmer 2000 Main Street Huntington Beach„ CA 92648 ACORD 25S (7197)1 of 1 SM68320 SHOULD ANYOF TH E ABOVE D ESCI IBED POLICES B E CANCELLED BEFORE TH E EXPIRATION DATE THEREOF, THE[MNG INSURER WILL XXRWWAMM MMLgiDAVSWRRTEN NOTICETOTHE CERTIFICATE HOLDERNAMEDTOTHELEFT, BKZNUXAMM I= AUTHORIZED REPRESENTATIVE 0 ACORD CORPORATION 1988 $u PROFESSIONAL SERVICE CONTRACTS Hu h ,0 PURCHASING CERTIFICATION 1. Requested by: Jessica Helfrich 2. Date: April 17, 2002 3. Name of consultant: Berryman & Henigar, Inc. 4. Description of work to be performed: Updating Management Program 5. Amount of the contract: $113,926.00 the Citywide 6. Are sufficient funds available to fund this contract?' ® Yes, Pavement . 7. Company number and object code where funds are budgeted: 20785201.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ❑ Yes, ® No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No 11. Attach list of consultants from whom proposals were requested (including a .contact telephone number). ka,ackin� w►� C+q ()� C)r-a_n je ('0v)trd (+ 12. Attach proposed scope of work. 13. Attach proposed payment schedule. R19HARD I\MADRIL; I a aper Purchasing/Central Service ' If the answer to any these questions is "No," the contract will require approval from the City Council. Purchasing Certification. dot 4/17/2002 10:41 AM