Loading...
HomeMy WebLinkAboutBucknam Infrastructure Group, Inc. - 2019-10-01 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM INFRASTRUCTURE GROUP, INC. FOR 2019-2020 PAVEMENT MANAGEMENT PROGRAM UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY,"and BUCKNAM INFRASTRUCTURE GROUP, INC., a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2019-2020 pavement management program update; 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; 1. 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 Peter Bucknam who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. 19-7933/211753 agree/surfnet/professional svcs 50 to 100 05/19-204133 1 of 13 I 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 on OCTOBER 1, 2019 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one (1) year from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terms and conditions as provided herein. 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," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Seventy Four Thousand Nine Hundred Sixty-Six Dollars ($74,966). 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 19-7933/211753 agree/surfnet/professional sves 50 to 100 05/19-204133 2 of 13 I 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." 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 A. 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 (or alleged 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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall 19-7933/211753 agree/surfnet/professional svcs 50 to 100 05/19-204133 3 of 13 apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as Iimitation upon the amount of indemnification to be provided by CONSULTANT. B. To the extent that CONSULTANT performs "Design Professional Services" within the meaning of Civil Code Section 2782.8, then the following Hold Harmless provision applies in place of subsection A above: "CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless CITY and its officers, elected or appointed officials, employees, agents and volunteers, from and against any and all claims, damages, losses, expenses, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) to the extent that the claims against CONSULTANT arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT. In no event shall the cost to defend charged to CONSULTANT exceed CONSULTANT's proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more other defendants to the claims and/or litigation is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, CONSULTANT shall meet and confer with CITY and other defendants regarding unpaid defense costs. The duty to indemnify, including the duty and the cost to defend, is limited as provided in California Civil Code Section 2782.8. C. Regardless of whether subparagraph A or B applies, CITY shall be reimbursed by CONSULTANT for all costs and attorney's fees incurred by CITY in enforcing this obligation. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by CONSULTANT. 19-7933/211753 agree/surfnet/professional Svcs 50 to 100 05/19-204133 4 of 13 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not 19-7933/211753 agree/surfnet/professional sues 50 to 100 05/19-204133 5 of 13 effect Consultant's right to be paid for its time and materials expended prior to notification of termination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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. 19-7933/211753 agree/surfnet/professional sves 50 to 100 05/19-204133 6 of 13 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. 19-7933/211753 agree/surfnet/professional sves 50 to 100 05/19-204133 7 of 13 14. COPYRIGHTS/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: TO CONSULTANT: City of Huntington Beach PETER BUCKNAM ATTN: TODD BROUSSARD, 3548 SEAGATE WAY C/O PUBLIC WORKS DEPT. SUITE 230 2000 Main Street OCEANSIDE, CA 926056 Huntington Beach, CA 92648 19-7933/211753 agree/surfnet/professional svcs 50 to 100 05/19-204133 8 of 13 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. Nothing contained herein shall be construed so as to require the commission of any act 19-79331211753 agree/surfnet/professional svcs 50 to 100 05/19-204133 9 of 13 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. 19-7933/211753 agree/surfitetlprofessional sves 50 to 100 05/19-204133 10 of 13 24. ATTORNEY'S FEES 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 nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. 28. 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, 19-7933/211753 agree/surfnet/professional svos 50 to 100 05/19-204133 11 of 13 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. 19-7933/2 1 1 753 agree/surfnet/professional svcs 50 to 100 05/19-204133 12 of 13 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. CONSULTANT, CITY OF HUNTINGTON BEACH, a n^ipal corporation of the State of BUCKNAM INFRASTRUCTURE GROUP, CAforAja INC. By: City Manager print name INITIATED AND APPROVED: ITS: (circle one)Chairm residen ice President AND Dir for o is orks By: APPROVED AS T FORM: print name ITS: (circle one) ' cretary/ ief Financial Officer/Asst. - rate torney Secretary—TreasX RECEIVE AND FILE: City Clerk Date I d L 19-7933/211753 agree/surfixt/professional svcs 50 to 100 05/19-204133 13 of 13 EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Consultant shall provide all necessary pavement engineering services to update the City's Pavement management Plan (PMP) including,but not limited to, performing field reviews and evaluating the condition of City streets, alleys and parking lots; updating PMP electronic data including Micro Paver, spreadsheets, and graphical information system(GIS) files; developing a street maintenance capital improvement program forecast and budget to improve the Pavement Condition Index(PCI) of the City Arterials and local streets;preparing project progress reports during the development of the PMP update; following the OCTA"Countywide Pavement Management, Guidelines Manual (January 2016) for QA/QC and for preparing the general draft and final PMP report; incorporating the Citywide Work History into the PMP report; and submitting three (3) copies of the Final PMP Report,one(1) original,signed by a registered engineer, and one (1)electronic version in pdf format will be sent to the City of Huntington Beach. The Consultant will perform all of the tasks listed in the Project Understanding/Scope of Work which is attached as Exhibit"A.I". B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The Consultant shall perform all work listed in the Project Understanding/Scope of Work which is attached as Exhibit"A.1 V. C. CITY'S DUTIES AND RESPONSIBILITIES: The City shall provide traffic data, current strategies on maintenance and rehabilitation activities, existing maintenance and rehabilitation practices and history. The City shall attend a project kickoff meeting and additional meetings,as needed,to discuss status and review the existing pavement management program with the Consultant. The City shall communicate in a timely EXHIBIT A manner regarding Consultant concerns and shall review the draft PMP report and coordinate comments with Consultant. D. WORK PROGRAM/PROJECT SCHEDULE: The Consultant shall perform all work according to the Work Flow/Project Schedule, on page 1-3 and 1-4,which is included in the Project Understanding/Scope of Work and attached as Exhibit "A.1". EXHIBIT A EXHIBIT A. 1 Project Understanding / Scope of Work I� Project Understanding/Approach We have defined detailed phases to the scope of work; 1. Project Implementation 2, Client Satisfaction 3. Project Schedule 4. Scope of Work(Major Tasks) 1) Project Implementation TASK 1.1: Project Kickoff The first step in implementing a successful pavement management program (PMP) truly resides in frequent communication and timely scheduled data updates. For the City of Huntington Beach it will be essential to establish, up front, the Public Works pavement management priorities for FY 2019-20 and beyond. During May 2019, our firm/Project Manager discussed with Huntington Beach staff the upcoming 2019-20 work efforts and long-term management of the PMP. This allowed for the identification of key project tasks while identifying tasks that could be refined, improved upon and/or removed;thus allowing for cost-savings to the City. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach, zone maintenance, Orange County Transportation Authority (OCTA) compliance, finalization of the scope of work and the review of the budget/schedule. This effort will continue to build upon the consensus between the Public Works and Maintenance departments as well as build stronger ARTERIAL and RESIDENTIAL maintenance programs/schedules. The first key topics to be discussed will include the review and assessment of the existing PMP pavement plan/data, OCTA compliance, survey areas (based on recent maintenance work and schedules), new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. After the meeting the City's official Notice-to-Proceed will be given. Deliverable:Meeting minutes, revised project schedule(if necessary) TASK 1.2: Project Status Meetings- Quality Control Program Status Meetings and Progress Reports • Minimum of three meetings during the project (kickoff, field, and status meetings) • Field review meetings • Monthly progress status reports will be delivered to City project manager 1-1 EXHIBIT A.1 Project Understanding / Scope of Work "5 �. Quality Control(QC) We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent of the original surveys (26.2 centerline miles) 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 Huntington 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 Huntington Beach's street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. As shown within the OCTA "Countywide Pavement Management Program, Guidelines Manual (January 2016)", our staff will follow and deliver on the requirements stated on Section 2.4, page 8 which require specific QA/QC data. All general draft and final reporting will follow the Chapter 3 guidelines. Our QA/QC plan will be approved by the City prior to the start of any inspections. Over the past two years,Bucknam has already submitted sixteen(16)OCTA Measure M2 compliant reports for OC municipalities,they include: n e Brea A)so'V ejo_....._..__.__......._..._._.__....._.._.....Tusti ___..._.._...__...__ __...._.........._._._._........... ._..___................. ....... _ __.._.......__..._�._._....._....... ._..,...._.... _ Costa Mesa in w__.._._.............._......_.._ _._.... .. _ _ _ .._......................... _._..... la una HHIs La una Beach lNestminster ._......._......_...Fountain Valley San Juan Capistrano__ _; La Habra __... Hunt�nton Beach San Clemente _ µ Fullerton La Palma Our surveys follow the accepted OCTA 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. Every year our staff has attended the OCTA MicroPAVER Distress Training Classes held from 2011 thru 2019. In March,2019 our staff was acknowledged as having"qualified inspectors and firm"to prepare Pavement Management Plans compliant with the OCTA Countywide Pavement Management Guidelines (this compliance runs through June 2021). Registered Engineer/Lead 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 based upon field data and analysis. 1-2 EXHIBIT A. 1 Project Understanding / Scope of Work 2) Client Satisfaction TASK 2.1: Project Deliverables Shown throughout our Scope of Work,each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Public Services/Engineering department. Project success is created by delivering on three main factors; 1)Adherence to scope tasks and deliverables; 2) Performing to the standard set by the Project Schedule;and 3) Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project 3) Project Schedule TASK 3.1: Work Flow/Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (two/three field technicians will drive the proactive schedule). Our Critical Path Method (CPM) project schedule shows each major task identified in our scope of work,as well as quality control milestones and meetings. Alt SC Ott OI WORK 1.1 4 te1.Pr,1P 6 7 : T.IY 1.1•Pooled$1.1ut me<linp O.0hy(-ARd tl rbne Yata,'1 Lae.:n;l . ..,... t " I ... ,27'U°I " .....�. .._....... T.IM l.1•NMY rbw/Pro+M YhedNe N Sr.Pe�Ylorl 1W A.S•Y//M�MNAlen.ne•a Neh.b Adk4ft i ! I}— !.et4.l•PAYH11MtC..410.nS—V I _ — PC,pPort.n1_ i _ e I . ck.'ny C.11.1 chew I LNJl-N.nO aCW i.udgelsY _ AntlTVI T.d14A.00TAC." _ —PMe.l.AeOotl./uPeeP.n Cg Ma....el Or.h_.,na.ePort `-_ { _ el fl SI.1.1 Y1.lunr r •` l 1 a Y P..P.,t _ — —t E —�A OPTIONAL SCAVICCS T.gbst P.vemwr1.1dAS.h.—Y,.Tn108 ,. i— -� I I .. T.AS.I-Oo-(.N Servkel - See key milestone dates from the project schedule below: • Project Kickoff—October 7,2019 1-3 EXHIBIT A. 1 Project Understanding / Scope of Work ` • Survey Completion—January 12, 2020 • Delivery of draft PMP—January 19, 2020 • City comments returned to Consultant—January 26, 2020 • Delivery of City CIP Final Report—February 2, 2020 o All necessary OCTA data, reporting and revenue projections will be submitted prior to February, 2020 o Huntington Beach CIP data/Final Report, reporting and revenue projections will be submitted by February,2020 • Implementation of PMP database—Any time after acceptance of Final PMP o All pavement and GIS data pertinent to the project deliverables will be submitted with the Final PMP report, February,2020 4)Scope of Work(Major Tasks) TASK 4.1: Update Maintenance and Rehabilitation Activities Based on the pavement maintenance that has been performed by in-house staff as well as contractual maintenance, our staff will review all street activities that have been performed during the past two years. This data will be entered into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP reporting. Deliverable:Citywide Work History Report TASK 4.2: Conduct Pavement Condition Survey Once the pavement segmentation has been assessed and verified, the inspection of approximately 168 centerline miles of MPAH will be performed (100% of MPAH routes). Our survey will ensure that all Master Plan of Arterial Highways(MPAH) routes are surveyed for OCTA compliance. There are 27.3 centerline miles of local streets (Zone 3) that need to be surveyed and 66.9 centerline miles of Locals that need to be surveyed based on OCTA's 6-year inspection requirement. These efforts will assist the City comply with Huntington Beach's necessary June 2020 OCTA submittal and internal reporting needs. A total of 262.2 miles of streets will be surveyed. MPAH and Local Street Survey With two plus years since the City performed inspections it will be essential to verify that all MPAH /Local segmentation is up-to-date and that section SF quantities are accurate and reliable. Once the pavement segmentation has been assessed and verified,the necessary inspections will be performed. Our survey methodology will include the following approach based on ASTM D6433-16, OCTA reporting guidelines and the City's cost/benefit analysis: 1-4 EXHIBIT A. 1 Project Understanding / Scope of Work 1. Wa king All sections are surveyed through walking methodologies. Distress types,within the samples,will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with ASTM D6433-16 & the Army Corp of Engineers sampling guidelines while being flexible to current City requirements. Additional street factors such as unique distress areas found outside our sample areas will be recorded. According to the OCTA guidelines the following Huntington Beach MPAH and Local pavement sections are to be surveyed for the upcoming 2019 PMP update: • The inspection of approximately 168 miles of MPAH segments will be performed; • The inspection of approximately 27.3 miles of residential Zone 3; • The inspection of approximately 66.9 miles of residential sections that have 6+year old inspection dates (OCTA requires section with 6+ year old inspections to be surveyed; • Recent slurry seal maintenance/ overlay rehabilitation / reconstruction will reduce total mileage of survey-TBD For all surveys,the use of our PMP-Tablet units allows our staff to collect pavement data with the City of Huntington Beach's PMP 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 MicroPAVER-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, GIS services 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: 1. Field Attribute Data(updated and/or verified) From/to, indicating the assigned limits of the section,sample test areas, street name; ee Street ranking indicating local,alley,arterial,collector,#of lanes,surface type; ❖ Historical PCI tracking from previous inspections and 2019 PCI inspections; Segment quantities, indicating the length,width, and total true area of the section; % ADT volumes(if available from previous reports or current City documents) 2. Conditional data will be evaluated for all street segments and will include: ❖ ASTM 20 AC&19 PCC distresses by type,severity and sample area; PCI ratings(0-100),taking into account the surface condition, level of distress; ❖ Other known or found environmental issues(standing water,site condition,etc.) 1-5 EXHIBITA. 1 Project Understanding / Scope of Worlc ". We welcome staff from the City to join our surveys. All pavement data will be entered into the City's most current MicroPAVER PMP database; Bucknam utilizes their own license to maintain the HB MicroPAVER database. If the City wishes to obtain the most recent version of the PMP software we will assist the City in purchasing MicroPAVER. 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 Oceanside office.At the completion of the project, an exported version of the PMP database will be delivered to the City. 3. Section Distress and PCI Reporting Upon 60% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. Bucknam will produce a "PCI Variance Report"that will demonstrate PCI variances comparing 2017 PCI's vs. 2019 walking PCI's. This report will allow staff to identify large variances caused by inspection issues, work history impacts and other field survey factors. Additionally,this report will provide the necessary information within MicroPAVER for the City to use and manipulate projected street rehabilitation and maintenance projects. Included in the report will be updated pavement performance curves and maintenance decision models. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly. Our PCI reporting will include: • PCI report-Sorted by Name(A to Z), PCI Order(0-100),Zone(1,2,3, etc.) • Pavement segment and PCI "Variance Report"; • Condition Report Analysis for each segment; • Work history report; • GIS Maps presenting PCI finding by zone and by section Once the City has reviewed, assessed and commented on the draft report, we will address all comments made and deliver the final reports. Deliverable:Citywide PCI reports,compliant OCTA PCI reports,updated PMP database 1-6 EXHIBIT A.1 Project Understanding / Scope of Work *' DEVELOP RECOMMENDED IMPROVEMENT PROGRAM --- TASK 4.3: Maintenance& C!P/Budgetary Analysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation (M & R) strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently being used by the City. We will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our fiscal and deterioration analysis, we will present our results and recommendations to City staff. This analysis will become an essential building block for the biennial (even-year)OCTA submittals and Public Works CIP programs. Our staff will review the Huntington Beach database deterioration curves that have been developed based on historical pavement condition inspections, surface type, work histories and road classification. The curves will be updated based on 2019 pavement conditions. Maintenance strategies that are typically reviewed are rehabilitation and reconstruction (R&R), localized maintenance, grinding, slurry seals,AC on PCC patching and overlays, the expected improvement in pavement condition, the life-cycle extension that would result and the unit costs for maintenance. All maintenance practices/unit costs will be integrated into software and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made. Our staff will also review and recommend an update to the existing Area/Zone residential cycle; this will allow us to proactively schedule localized maintenance efforts throughout the CIP. Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies during each fiscal year(i.e.2019-2026). Once the repair/rehabilitation strategies have been defined, the identification of a seven year Forecasted Maintenance schedule will be generated, The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review of the City's Pavement CIP; • Present pavement conditions; Desired levels of service and available resources; • Cost benefit of individual strategies(e.g. reach a PCI of 80 in 7-years,etc.); • Recommendations budget strategies and unit costs • Demonstration of effectiveness of several M&R strategies including preventive, recycling alternatives, high-density mineral bonds and surface/base reconstruction • Scheduling with the City's major CIP projects(water,sewer, etc.); • Budgetary recommendations that satisfy OCTA Local Match Reduction guidelines; • Future routine maintenance needs based on projected deterioration rates; • Renewed Measure M and AHRP objectives and improving citywide weighted PCI The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis. 1-7 EXHIBIT A. 1 Project Understanding / Scope of Work . 5 A working "draft" Final Report will be generated for City staff to review. The report will include an executive summary,the PCI Report as well as draft budgetary findings and recommendations. TASK 4.4: Final C/P Report/OCTA Measure M Compliance Reports We will deliver the Executive Summary/ Final Report to the City which will be essential for staff use/reference and beneficial for elected officials/upper management. The report will be prepared in a format that uses the information delivered by the PMP in conjunction with the information and analysis performed by our team. 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 seven-year period (ARTERIAL and RESIDENTIAL Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service; Modeling and comparison of budget scenarios typically include: ■ Maintenance required to complete all streets within 7-years; ■ Current/Actual budget projection(citywide approach); Strategies and recommendations for the City's AHRP, Measure M and maintenance programs and procedures,including a preventative maintenance schedule; Supporting documentation required by OCTA Renewed Measure M (January, 2016, or latest version);Chapter 3 items from Countywide PMP Guidelines Manual (OCTA); Pavement Management Plan Certification; A detailed breakdown of deferred maintenance (backlog); The PMP will be presented to the Huntington Beach City Council and/or upper management,and we will support Huntington Beach staff in the development of the PMP presentation Deliverable: Three(3) hard copies of the Final Pavement PMP Report, in binder and digital/ electronic form(.pdf),will be sent to the City. Final PMP database will be installed at City. 1-8 EXHIBIT A.1 Project Understanding / Scope of Work TASK 4,5: Mapping and GIS Update -As an enhancement and proactive approach to this project,our staff will work with City IT staff to ensure that all final PMP-GIS layers and map packages are published within the City's established GIS Enterprise network. The maps described below will be incorporated into the City's GIS Enterprise: PCI values for every section; Work History identifications; 7-yr CIP Arterial/Local Rehabilitation and Slurry Seal Programs; Local Maintenance Zone PCI maps; Functional classification maps 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 established unique ID's within Micro PAVER and the City's ESRI street shapefile ID's, we will update the 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. We can also provide this data to the City's ESRI ArcGIS Online software (if owned)or can provide these mapping services through ArcGIS Online. Deliverable: Complete GIS files/themes based on list above(shapefiles). 1-9 EXHIBIT A. 1 Project Understanding / Scope of Work TASK 4.6: Huntington Beach My Roads PMP Web-Portal -- --- Huntington Beach My Roads Web-Portal Bucknam now provides all our MicroPAVER clients with a unique and agency driven "My Roads" web-portal that provides instantaneous access to your MicroPAVER database. This "dashboard" allows users to toggle through individual sections, zones, ranks,etc.to review all section metrics, latest/previous inspections, generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. My Roads Il.lr ml.. r..n I.w•F. ,Llgdn.:. .II ?tl .111 a + VAMI 11j11(_ 1 .1 Illr'�+ E.nll.nM.en IWd �) x I �( Y Cwrorq PCI 84 Bucknam has shown above the sample City of La Habra "My Roads" actively working! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the Huntington Beach MicroPAVER database the My Roads dataset is immediately changed to reflect work history edits, PCI inspections and section changes. 1-10 EXHIBIT A.1 Project Understanding / Scope of Work Optional Tasks ----�- TASK 5.1: Pavement Field& Software Training We will provide City staff with the quality, certified training and necessary skills needed to steward and maintain the PMP. This will include operation manuals for both field data collection and software use. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi-day training sessions covering segmentation management, reporting, and editing/updating the database. This is estimated to consist of a minimum of 10 hours of training. There is no minimum or maximum amount of people that can be trained under this methodology. Bucknam will provide training in the AC and PCC pavement field survey techniques. Engineering, Street Maintenance and GIS staff will have a clear understanding of how the system is developed and data recorded. City staff will be versed in the proper procedures for field data collection, thereby ensuring the ability of the City to repeat the pavement survey on its own when the need arises. At the completion of the training, the City will be able to update each individual portions of the dataset as maintenance and future inspection are completed.The training will include: General MicroPAVER use; Annual data entry needs,reporting requests and deterioration modeling; Annual budget projection reports—PCI report generation; Update of maintenance costs, strategy assignments, engineering data, and deterioration curves; interpretation and utilization of management reports); Querying, managing and plotting from PMP—GIS mapping; Deliverable: Training materials used in workshops,field survey forms TASK 5.2. On-Call Services Pavement Management Program Support Annual update support will include the provision of 24 months of PMP support upon completion of the project. Once the City has approved the Final PMP Report under this year's work effort (estimated early 2020), this service will become active. Our typical Annual Update services include: • assessment of existing PMP,work history data entry; • random pavement condition surveys; budget scenarios,general reporting, deterioration studies; • pavement management—GIS mapping; • MicroPAVER training,operational use; 1-11 EXHIBIT A. 1 Project Understanding / Scope of Work n• p GIS Enterprise assessment, management, implementation, support _._.. The agreement will include the provision of onsite and telephone support for the City staff, Annual Update services will begin in early 2020 and will be completed in June 2022. Deliverable:PMP software training,field and internal technical support Proposed Fee Task Items 1 through 4 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be$74,966 for a six-month period. Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties. We have included our fee schedule below for the City consideration. II Project i GAS J F•eid Tate.by Desv:pt;on Pnncipa i ; : Admin Manager ; Ana yst !Techn cianlsl': I -ask 2019(20 ease Foe 5295/11 5180/hr 51 01hr, S88/hr' 575/hrl Task i Project lmpkmentation Task 1 2 :Prolttt_KrckoH I 2 1 tt t Task 1.2 IProlect Status MettmEs O:ualie�Conant--•__.__. 1� 4' 41 40 SS 095_ — Task 2 1Clknt Satklactkut Task 3 Pro ed schedule i _,_._.. i__J__.... ask3.i.„ Work Flow/Pro cSchedu le r ht_ 2J _askl_� .......... ask 4.1 update Maintenance and Rehabilitation Act+vita 2 2161 $2,041 sk 4.2 ,Pavement Conddion survey 1262 2 metes-Wmdsh etdi _ _J 16� _ 24� _µ 440� -� S44, local Survei,-Zone 3(27 3 __ iota I sections wrth 6r year inspection dates lee 9 mites),-— — y Task 4 3 Maintenacne&UP/6ud6etary Analysis 10s Task 4 4JCompl:ance Reports/Citywide CIP Report iM_ ui 64 �—�� 21 $6,765 Task 4 5 �Mapp ng and GiS update s ! l 941_ _ 30: 56.180 Task 4;6I"e hay Roads Web Portal Ipro bond) i J I J I I So i........._. a __ __ .—,YJReimbursablK(mila�sPetpnMtn�pro(ect•mattrcalsi. IT ,_,� l J $4530 tAti deliverables will becomt roperry of the Cr of tprM1 BeKh I i' "—""` _ ;Total"ours per stall 2 77; 77 512t- 21 .. __-.—.._._.___..._ _.._.___ i2019 20 Total ease Fee S 59D S 13,t 0 i S tasao S ISA96 i$ ISO i$74 966 I I !Optional Tasks ___._..._._._..._..............._..__.....,......... ._.... Lark 41 Pave antField&Software Trairtin� 10, ask 6.2 �Om[a1a Servites(Annual) J J_ T&M .......... Additiona i services outside oath is contract wi 11 be negotiated with the City where we will use the Standard Hourly Rate Schedule shovin here. 1-12 EXHIBIT"B" Payment Schedule(Hourly Payment) A. Hourly Rate CONSULTANT'S fees for such services shall be based upon a time and materials not to exceed basis according to the"Proposed Fee Section"on page 1-12 which is included in the Project Understanding/Scope of Work and attached as Exhibit"B". B. Travel. Charges for time during travel are not reimbursable C. Billing 1. All billing shall be done monthl in fifteen (15) minute increments and matched to an appropriate breakdown of the time that was taken to perform that work and who performed it. 2. Each month's bill should include a total to date. That total should provide, at a glance, the total fees and costs incurred to date for the project. 3. A copy of memoranda, letters, reports, calculations and other documentation prepared by CONSULTANT may be required to be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product,CITY shall identify specific requirements for satisfactory completion. 4. CONSULTANT shall submit to CITY an invoice for each monthly payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the invoice by CITY, Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought 1 Exhibit B into compliance, or until this Agreement has bxpired or is terminated as provided herein. 5. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerning payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. 2 Exhibit B EXHIBIT B Project Understanding / Scope of Work IV, e► GIS Enterprise assessment, management, implementation, support The agreement will include the provision of onsite and telephone support for the City staff. Annual Update services will begin in early 2020 and will be completed in June 2022. Deliverable: PMP software training,field and internal technical support Proposed Fee Task Items 1 through 4 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be$74,966 for a six-month period. Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties. We have included our fee schedule below for the City consideration. Pro,ect i G-S Fad Tota by Descr+ptron I!'Prmcipa ' Manager Ana ist ;Techn c.sn(sl. adorn Task 2019 as/20lefee 5295/hrj S1e0lnrl_Sla./nr __.. 5881n'c . .... Task 1 - IP►oleo Irnpktmenlalion - .......... askl_i_ iWo�ectNrckoM ! — 1 _ 5507 askl._2 �ProtatStabtsMeetmjs QuaI1tvControl 1 4 v- 4 - 40 �- $5095 Task 2 Client Satkfattlan ask 2 1 IProyect 0lliverabtes Task 3 (Project Schedule i ask!l V. ork Flog//Pro/ectSthedult I -_ 2 2T 6 $1,16 Task Scope of Work - -- - __. r ask 4 1 Update Ma mt"75o and RehibiliObon Act, it - 2 2 161 S2 04 _._.._. I __. von Survey,(262 2 mdel IM 440 mdsthaldl 16 24 544 sk 4 2 Pavement Contl�, MPAM Surve (166 mile! 1-- __...-__-- local Survey_tone 3(27.3 mdesl. a —�� - � Local sections with 6 r Inspeetran eater ask 4.! f U-ntenacne&CIP/Budgetary"I.Ipis_ S3— ask 4.4 jCOmpLance Reports Cltywida Cl/11epOrt ___.._._____!-_.. ...1 ..___.-u�_._._.._.4 _ _-}_ ._�?I 156•765 ask I S �Mepp ne and GIS Update _31 - S4� 10' $6.180 esk16 (H6My Roads Web-Portal 4Prohorw) (Reimbursable (milea1e,prfntm1vPL01ectmaterlo!L --_ ( _; __.•�__-_j�^_� - f 5�.530 All d-eiverebfes w,ll become ro,r of tht Cr of Hunti Beach ' (ANla+kcarenepotisble r --C--•---__._ . .,Total lfours per Staff 12019 20 Total Base Fee 4 S Soo S 14M I S 14760 1$ 43,0S6 S^1so:$74 966 'Optional Tasks esk 5.1 IPavemeM Field A Software Tram al; _ �� 10�—_ � 51,800 ack 5.2 On•Call SNYrClS(Annuill.--._•-__- I'--- � �_-.._.._ __W _..__�,-TAM Additions,services outside of this contract will be negotiated with the City where we will use the Standard Hourly Rite Schedule shown here. 1-12 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM INFRASTRUCTURE GROUP FOR 2019-2020 PAVEMENT MANAGEMENT PROGRAM UPDATE Table of Contents 1 Scope of Services.....................................................................................................1 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 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................11 CITY OF HUNTINGTON BEACH =CEIwED Professional Service Approval Form JUL 26 2019 PART I ,epartment Date: 7/18/2019 Project Manager Name: James Wagner, PE Requested by Name if different from Project Manager: Department: Public Works PARTS I OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED BY THE CITY MANAGER, FOR APPROVAL, BEFORE PROCEEDING WITH THE SOLICITATION OR CONTRACT PROCESS. PART I MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Briefly provide the purpose for the agreement: To provide field investigation services for city-wide pavement condition index, software appliciaton services and update to the existing City Pavement Management Plan. Regular updates are required in order to continue receiving Measure M2 funds. 2) Estimated cost of the services being sought: $74,966 3) Are sufficient funds available to fund this contract? ® Yes ❑ No If no, please explain: 4) Check below how the services will be obtained: ❑ A Bid solicitation process in accordance to the MC 3.03.060 procedures will be conducted. ® MC 3.03.08(b)—Other Interagency Agreement procedure will be utilized. ❑ MC 3.03.08—Contract Limits of$30,000 or less exempt procedure will be utilized. 5) Is this contract generally described on the list of professional service contracts approved by the City Council? If the answer to this question is "No," the contract will require approval from the City Council.) ® Yes ❑ No Cy Fiscal Services Manager Signature(Purchasing Approval) Date 6) Amount, Business Unit(8 digits) and Object Code (5 digits)where funds are budgeted (Please note that a budget check will occur at the object code level): Account number Contractual Dollar Amount Business unit.object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 l 21385201.69365 $74966 $ $ $ —_....._ $ $ $ $ $ $ $ $ k/15-/661 Budget Approval bate al- De p ent ead Signature(s) Da e Chief Financia icer Signature Date/— -Ars-isTaint City Manager's Signature bat6 APPROVED DENIED❑ _ c e:_LC� g1 l _ City Manager's Signature Date professional service approval form-part i bucknam 2019.doc REV: February 2015 CITY OF HUNTINGTON BEACH ' Professional Service Approval Form p� r i`,G'FIVFVI ,rtf y� `-�-- PART I AUG .19 2Oi9 Date: 8/13/2019 Project Manager: James Wagner, PE Financo Department Requested by Name if different from Project Manager: Department: Public Works PARTS I & II OF THE PROFESSIONAL SERVICES CONTRACTS APPROVAL FORM MUST BE COMPLETED BY THE REQUESTING DEPARTMENT AND SIGNED FOR APPROVAL. PART I & 11 MUST BE FILED WITH ALL APPROVED CONTRACTS. 1) Name of consultant: Bucknam Infrastructure Group, Inc. 2) Contract Number: PWK 3) Amount of this contract: $74,966 Account number Contractual Dollar Amount Business unit. object# Fiscal Year Fiscal Year Fiscal Year Fiscal Year 19/20 21385201.69365 $74,966 $ $ $ 4) Is this contract less than $50,000? ❑ Yes ® No 5) Does this contract fall within $50,000 and $100,000? ® Yes ❑ No 6) Is this contract over$100,000? ❑ Yes ® No (Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make sure the appropriate signature page is attached to the contract.) 7) Were formal written proposals requested from at least three available qualified consultants? ® Yes ❑ No 8) Attach a list of consultants from whom proposals were requested (including a contact telephone number.) 9). Attach Exhibit A, which describes the proposed scope of work. 10) Attach E ibit B, which describes the payment terms of the contract. r Depa m'ent Head Dat Fiscal Services Manager(Purchasing) 'Date CA#Budget Manager A royal Signature ate 1 6 C ief Financial O icer(or designee) Signature I D46 professional service approval form- part ii (pmp 2020) A AGREEMENT FOR SERVICES This Agreement is made and entered into this fifth day of November, 2018, by and between THE CITY OF LA HABRA,(hereinafter referred to as the"cow"), and BUCKNAM INFRASTRUCTURE GROUP, INC. , (hereinafter referred to as the "CONSULTANT"). RECITALS WHEREAS, CITY requires professional services for the 2019 Update of the Pavement Management Program; and, WHEREAS, the CONSULTANT represents that it is qualified and experienced to provide such services; and NOW, THEREFORE, for and in consideration of the mutual promises, covenants and conditions herein contained, CITY and CONSULTANT hereby agree as follows: ARTICLE I SCOPE OF SERVICES; TERM 1.1 'General Scope of Services. A. CITY hereby engages CONSULTANT, and CONSULTANT hereby accepts such engagement, to perform the various services set forth in Exhibit "A" (the documents contained in Attachment"A"shall be hereinafter referred to as the "Scope of Work"). B. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence, and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices. C. Warranty: CONSULTANT warrants that it shall perform the professional services required by this Agreement in compliance with the federal and California laws related to minimum hours and wages, including but not limited to, 40 U.S.C.A. §§ 3141, et seq., California Labor Code, §§ 1171, et seq. and Califomia Labor Code, §§ 6300, et seq.; fair employment practices, including but not limited to, 29 U.S.C. 651, et seq.; and fair employment, including but not limited to, 29 U.S.C. 201, et seq., The California Fair Employment and Housing Act California Government Code, §§ 12900, et seq., Title VI of the Civil Rights Act of 1964, as amended, 49 CFR 21 through appendix H and 23 CFR 710.405 (b); and V.March2007 all other federal, state and local laws and ordinances applicable to the work required under this Agreement. D. Non-exclusive Agreement. CONSULTANT acknowledges that CITY may enter into agreements similar to this Agreement with other consultants. 1.2 Term. The term of this Agreement shall begin on November 5, 2018 and continue until completion of the work and its final acceptance by the CITY; or, until such time as it is terminated pursuant to the provisions in Article V of this Agreement. ARTICLE II RESPONSIBILITIES OF CONSULTANT 2.1 Control and Payment of Subordinates. CITY retains CONSULTANT as an independent contractor and not an employee of CITY. All personnel to be utilized by CONSULTANT in the performance of this Agreement shall at all times be under CONSULTANT'S exclusive direction and control. CONSULTANT shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of services under this Agreement and as required by law. CONSULTANT shall be responsible for all reports and obligations with respect to such personnel, including, but not limited to social security taxes, income tax withholding, unemployment insurance, and workers' compensation insurance. 2.2 Conformance to Applicable Requirements. All services provided by CONSULTANT shall be subject to the approval of the CITY. 2.3 Standard of Care; Licenses. All professional services to be provided by CONSULTANT pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar circumstances in accordance with sound professional practices. CONSULTANT represents and warrants to CITY that it has all licenses, permits, qualifications and approvals that are legally required to practice its profession and to provide the services hereunder. CONSULTANT further represents and warrants that it shall keep in effect all such licenses, permit, and other approvals during the term of this Agreement. V.March2007 2 2.4 Project Representafives, The City Manager or his designee shall be the Project Representative of CITY for purposes of this Agreement and may issue all consents, approvals, directives and agreement on behalf of CITY, called for by this Agreement except as otherwise expressly provided in this Agreement. Project representative shall coordinate all phases of this project and shall be available to CITY at all reasonable times. 2.5 Accountinq Records. CONSULTANT shall maintain complete and accurate records with respect to costs and expenses incurred in the performance of this Agreement. All such records shall be clearly identifiable as being associated with this Agreement. CONSULTANT shall allow an authorized representative of CITY, during normal business hours, to examine, audit, and make transcripts of copies of such records. CONSULTANT shall allow CITY to inspect all work, data, documents, proceedings, and activities related to this Agreement for a period of three(3)years from the date of final payment(or completion of work) under this Agreement. ARTICLE III COMPENSATION 3.1 compensation, Except as provided in this section, CONSULTANT shall receive compensation for all Services rendered under this Agreement at the rates set forth in the Schedule of Hourly Billing Rates attached hereto as Exhibit "B", and incorporated herein by reference. Total compensation shall not exceed $29,996.00, without written approval of CITY'S Project Representative. CONSULTANT shall not receive compensation for any services provided outside the Scope of Work unless such additional services (hereinafter"Extra Work") are approved in writing by CITY or its appointed representative prior to CONSULTANT performing the "Extra Work". 3.2 Payment Of Compensation. CONSULTANT shall provide CITY an itemized monthly statement which indicates work completed, hours of service rendered and units of supplies provided to the Project by CONSULTANT, from November 5, 2018, or the start of the subsequent billing periods, as appropriate, through the date of the statement. CITY shall make any payment due within forty-five (45) days after approval of the invoice by CITY, 3.3 Extra Work. At any time during the to of this Agreement, CITY may request that CONSULTANT perform Extra Work. As used herein, "Extra Work" means any V.March2007 3 work which is determined by CITY to be necessary for the proper completion of the Project, but which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. CONSULTANT shall not perform Extra Work until receiving prior written authorization from CITY'S Project Representative. It is specifically understood and agreed that oral requests and/or approvals of "Extra Work" shall be barred and are unenforceable. 3.4 Amendment of Scope of Work. CITY shall have the right to amend the Scope of Work within the Agreement by written notification to the CONSULTANT. In such event, the compensation and time of performance shall be subject to renegotiation upon written demand of either party to the Agreement. Failure of CONSULTANT to secure CITY'S written authorization for"Extra Work"or changed work shall constitute a waiver of any and all right to adjustment in the contract price or time due, whether by way of compensation, restitution, quantum merit, etc. for work done without the appropriate CITY authorization. 3.5 Reimbursement for Expenses CONSULTANT shall not be reimbursed for any expenses unless prior written authorization is obtained from CITY. ARTICLE IV INDEMNIFICATION AND INSURANCE 4.1 Insurance Requirements. The CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. If the existing policies do not meet the Insurance Requirements set forth herein, CONSULTANT agrees to amend, supplement or endorse the policies to do so. Without limiting the indemnity provisions of the Contract, the CONSULTANT shall procure and maintain in full force and effect during the term of the Contract, the following policies of insurance. 4.2 Minimum Scope of Insurance. (a) Commercial General Liability(CGL) which affords coverage at least as broad as Insurance Services Office "occurrence"form CG 00 01, including products and completed operations, property damage, bodily injury, and personal & advertising injury with limits no less than V.March2007 4 $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 0001 covering "Any Auto" (Symbol 1)with limit no less than $1,000,000 each accident for bodily injury and property damage. (c) Workers' Compensation as required by the State of California with statutory limits, and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury or disease. (d) Professional Liability with limit of not less than $1,000,000 each claim and $2,000,000 aggregate. Covered Professional Services shall specifically include all work to be performed under the contract and delete any exclusion that may potentially affect the work to be performed. If the CONSULTANT maintains broader coverage and/or higher limits than the minimums shown above,the CITY requires and shall be entitled to the broader coverage and/or higher limits maintained by the CONSULTANT. 4.3 Endorsements. Insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the CITY for approval. The insurance policies shall contain or be endorsed to contain, the following provisions: (a) Commercial General Liability (1)Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant including materials, parts or equipment fumished in connection with such work or operations. Additional Insured Endorsements shall not: 1. Be limited to "Ongoing Operations" 2. Exclude "Contractual Liability" 3. Restrict coverage to the "Sole" liability of contractor V.March2007 5 4. Exclude "Third-Party-Over Actions" 5. Contain any other exclusion contrary to the Contract Additional Insured Endorsements shall be at least as broad as ISO Form(s) CG 20 10 11 85; or CG 2010 and CG 20 37. (2) Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. Coverage shall be at least as broad as ISO CG 20 01 0413. (b) Auto Liability (1) Additional Insured: The City, its elected officials, officers, employees, volunteers, boards, agents and representatives shall be additional insureds with regard to liability and defense of suits or claims arising out of the work or operations performed by or on behalf of the Consultant (2) Primary Insurance: This insurance shall be primary and any other insurance whether primary, excess, umbrella or contingent insurance, including deductible, or self-insurance available to the insureds added by endorsement shall be in excess of and shall not contribute with this insurance. (c) Workers' Compensation (1) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the indemnified parties. 4.4 Insurance Obligations of Consultant. The Insurance obligations under this agreement shall be: (1) all the Insurance coverage and/or limits carried by or available to the CONSULTANT; or (2) the minimum Insurance coverage requirements and/or limits shown in this agreement;whichever is greater.Any insurance proceeds in excess of or broader than the minimum required coverage and/or minimum required limits, which are applicable to a given loss, shall be available to the CITY. No representation is V.March2007 6 made that the minimum Insurance requirements of this agreement are sufficient to cover the obligations of the CONSULTANT under this agreement. 4.5 Notice of Cancellation. Required insurance policies shall not be cancelled or the coverage reduced until a thirty(30)day written notice of cancellation has been served upon the CITY except ten (10)days shall be allowed for non-payment of premium. 4.6 Waiver of Subrogation. Required insurance coverages shall not prohibit CONSULTANT from waiving the right of subrogation prior to a loss. CONSULTANT shall waive all rights of subrogation against the indemnified parties and Policies shall contain or be endorsed to contain such a provision. This provision applies regardless of whether the CITY has received a waiver of subrogation endorsement from the insurer. 4.7 Evidence of Insurance. All policies, endorsements, certificates, and/or binders shall be subject to approval by the CITY as to form and content. These requirements are subject to amendment or waiver only if so approved in writing by the CITY. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the CITY. If such coverage is cancelled or reduced, CONSULTANT shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the CITY evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 4.8 Deductible or Self-insured Retention. Any deductible or self-insured retention must be approved in writing by the CITY and shall protect the indemnified parties in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention. The CITY may require the CONSULTANT to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration and defense expenses within the retention. V.March2007 7 4.9 Contractual Liability. The coverage provided shall apply to the obligations assumed by the CONSULTANT under the indemnity provisions of this contract. 4.10 Failure to Maintain Coverage. CONSULTANT agrees to suspend and cease all operations hereunder during such period of time as the required insurance coverage is not in effect and evidence of insurance has not been famished to the CITY. The CITY shall have the right to withhold any payment due until CONSULTANT has fully complied with the insurance provisions of this Contract. In the event that the CONSULTANT'S operations are suspended for failure to maintain required insurance coverage, the CONSULTANT shall not be entitled to an extension of time for completion of the Work because of production lost during suspension. 4.11 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to do business in the State of California, or otherwise allowed to place insurance through surplus line brokers .under applicable provisions of the California Insurance Code or any federal law. Any other rating must be approved in writing by the CITY. 4.12 Claims Made Policies. If coverage is written on a claims-made basis, the retroactive date on such insurance and all subsequent insurance shall coincide or precede the effective date of the initial CONSULTANT'S Contract with the CITY and continuous coverage shall be maintained or an extended reporting period shall be exercised for a period of at least five (5)years from termination or expiration of this Contract. 4.13 Insurance for Subcontractors. CONSULTANT shall be responsible for causing Subcontractors to purchase the same types and limits of insurance in compliance with the terms of this Contract/Agreement, including adding the CITY as an Additional Insured, providing Primary and Non-Contributory coverage and Waiver of Subrogation to the Subcontractor's policies. The Commercial General Liability Additional Insured Endorsement shall be on a form at least as broad as CG 20 38 0413. V.March2007 8 4.14. Indemnification and Hold Harmless. These Indemnification provisions are independent of and shall not in any way be limited by the Insurance Requirements of this Agreement. CITY approval of the Insurance contracts required by this Agreement does not in any way relieve the CONSULTANT from liability under this section. Notwithstanding the existence of insurance coverage required of CONSULTANT pursuant to this contract, CONSULTANT shall save, keep defend, indemnify, hold free and harmless CITY, its officers, officials, employees, agents and volunteers from and against any and all damages to property or injuries to or death of any person or persons, and shall defend, indemnify, save and hold harmless CITY, its officers, officials, employees, agents and volunteers from any and all claims, demands; suits, actions or proceedings of any kind or nature, including, but not by way of limitation, all civil claims, workers' compensation claims, and all other claims resulting from or arising out of the acts, errors or omissions of CONSULTANT,its employees and/or authorized sub-consultants, whether intentional or negligent, in the performance of this Agreement. 4.15 Additional Insurance. Further, CONSULTANT shall obtain any additional kinds and amounts of insurance which, in its own judgment, may be necessary for the proper protection of any of its officers', employees', or authorized sub-consultants' own actions during the performance of this Agreement. 4.16 Notice of Policy Changes. A. All Coverages (exclusive of Professional Liability). Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to CITY. Unless CONSULTANT's insurer agrees to provide (30) days written notice of any changes or modifications to any policies as required by this clause, CONSULTANT shall provide copies of all required policies or certificates of insurance as may be requested by CITY to establish that such policies have not been modified or reduced in coverage or in limits. B. Professional Liability. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled unless thirty(30)days prior written notice by certified mail, return receipt requested, has been given to the CITY. V.March2007 9 ARTICLE V TERMINATION 5.1 Notice of Termination. CITY may terminate the whole or any part of this Agreement at any time and without cause by giving seven (7) days written notice to CONSULTANT of such termination, and specifying the effective date thereof. CONSULTANT shall discontinue all services affected by such termination within seven (7) days of receipt of such notice, unless otherwise instructed by CITY in writing. CONSULTANT shall not terminate this Agreement except for cause. 5.2 Termination Without Cause. If CITY terminates this Agreement without cause, CONSULTANT shall be paid for services performed through the date of termination, upon receipt of written documentation of said services by CITY. Such payment shall include a pro-rated amount of profit, if applicable, but no amount shall be paid for anticipated profit on unperformed services. 5.3 Termination for Cause. Should CONSULTANT default in the performance of any covenance, condition, or agreement contained in this Agreement and the default is not cured within thirty(30)days after written notice of the default is served on CONSULTANT by CITY then CITY, in addition to any other remedies at law or equity, may terminate this Agreement. CONSULTANT shall be compensated for services which have been completed and accepted by CITY. CONSULTANT shall be liable to CITY for any reasonable additional costs incurred to correct or cure unsatisfactory work performed by CONSULTANT which, at CITY'S discretion, must be revised, in part or in whole, to complete the Project. 5.4 Procurement of Similar Services. In the event this Agreement is terminated as provided by this Article,with or without cause, in whole or in part, CITY may procure, any and all services as may be necessary to complete the Project. 5.5 Work Product. In the event of termination of this Agreement, all finished or unfinished design, development and construction documents, data studies, drawings, maps and reports prepared by CONSULTANT shall be delivered to the CITY within seven (7) days of CONSULTANT's receipt of termination notice, and at no additional cost to CITY. Any use of uncompleted documents without specific V.March2007 10 written authorization from CONSULTANT shall be at CITY's sole risk and without liability or legal expense to CONSULTANT. ARTICLE VI GENERAL PROVISIONS 6.1 Notices. All notices and written communications sent by one party to the other shall be personally delivered or sent by registered or certified U.S. Mail postage prepaid, return receipt requested to the following addresses indicated below: IF TO CITY: CITY MANAGER CITY OF LA HABRA P.O. Box 337 La Habra, Ca. 90633 TO CONSULTANT: BUCKNAM INFRASTRUCTURE GROUP, INC Attn: PETER J. BUCKNAM PRESIDENT/ PROJECT MANAGER 3548 SEAGATE WAY, SUITE 200 OCEANSIDE, CA 92056 The effective date of any notice or written communications sent by one party to the other shall be the date received if by personal service, or 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark. 6.2 Entire Agreement. This Agreement contains the entire Agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreement whether verbal or written, concerning the same subject matter. This Agreement may be modified only by a writing signed by both parties. 6.3 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. This Agreement may not be sold, transferred or assigned by either party, or by operation of law, to any other person or persons or business entity, without the other parry's written permission. Any such sale, transfer or assignment, or attempted sale,transfer or assignment without written permission, may be deemed by the other party to constitute a voluntary termination of this Agreement and this Agreement shall thereafter be deemed terminated and void. V,March2007 11 6.4 Subcontracts. CONSULTANT shall not subcontract any portion of the work required by this Agreement without prior written approval of CITY. All approved subcontracts, if any, shall be accomplished by a written instrument. Such instrument shall contain an expressed assumption by the subcontractor of all conditions and terms and covenants contained in this Agreement. 6.5.Equal Opportunity Employment, CONSULTANT represents that it is an equal opportunity employer and shall not discriminate either directly or indirectly against an employee or applicant for employment with CONSULTANT on the basis of race, color, religion, national origin, ancestry, sexual preference, sex or age. CONSULTANT shall also take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, national origin, ancestry, sexual preference, sex, age, or other prohibited grounds. 6.6 Attorney's Fees. If either party commences a legal action against the other party arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover reasonable attorney's fees and costs of suits. 6.7 Governing Law. This Agreement shall be governed by and construed with the laws of the State of California. Any Action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Orange. 6.8 Time of Essence. Time is of the essence for each and every provision of this Agreement. 6.9'Right to Employ Other Consultants. CITY reserves the right to employ other consultants in connection with this Project. 6.10 Covenant Against Contingent Fees. CONSULTANT warrants that he/she/it has not employed or retained any company or person, other than a bona fide employee working with CONSULTANT, to solicit or secure this Agreement, and that he/she/it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, V.March2007 12 percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability or, in its discretion to deduct from CONSULTANT'S compensation provided under this Agreement, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 6.11 Conflict of Interest. CONSULTANT covenants that he/she/it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its Services hereunder. CONSULTANT further covenants that in the performance of this Agreement, no person having any such conflict of interest shall be employed by CONSULTANT. 6.12 Statement of Economic Interest. If CITY determines CONSULTANT comes within the definition of CONSULTANT under the Political Reform Act (Government Code §87100 et. seq.), CONSULTANT shall complete and file and shall require any other person doing work under this Agreement, to complete and file a "Statement of Economic Interest" with the City Cleric of the CITY disclosing CONSULTANT and/or such other person's financial interests. 6.13 No Waiver of Breach: Time. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought referring expressly to this Paragraph. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.14 Third Party Beneficiaries. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 6.15 Taxes. CONSULTANT agrees to file tax returns and pay all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. CONSULTANT agrees to indemnify and hold CITY harmless from any liability which it may incur to the United States or to the V.March2007 13 State of California as a consequence of CONSULTANT'S failure to pay,when due, all such taxes and obligations. 6.16 Compliance With Law. CONSULTANT shall comply with applicable federal, state and local laws, rules and regulations affecting the CONSULTANT and his/her/its work hereunder. 6.17 Title to Documents. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products compiled by CONSULTANT under the Agreement shall be vested in CITY, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of CITY. Basic survey notes and sketches, charts, computations, and other data prepared or obtained under the Agreement shall be made available, upon request, to CITY without restriction or limitations on their use. CONSULTANT may retain copies of the above described information but agrees not to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of CITY during the term of this Agreement or until ninety (90) days after receipt of final payment from CITY. 6.18 Validity. The validity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provisions of this Agreement. 6.19 Headings. Section and subsection headings are not to be considered part of this Agreement, are included solely for convenience, and are not intended to modify or explain or to be a full or accurate description of the content thereof. 6.20 Counterparts. This Agreement may be executed in one or more counterparts by the parties hereto. All counterparts shall be construed together and shall constitute one agreement. 6.21 Co orate Authority The persons executing this Agreement on behalf of the Parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said Parties and that by doing so,the Parties hereto are formally bound to the provision of this Agreement. V.March2007 14 6.22 Confidentiality. All findings, reports, information and exhibits prepared or assembled by CONSULTANT in connection with the performance of its professional services pursuant to this Agreement are confidential and CONSULTANT agrees that they shall not be made available to any individual or organization without the prior consent of CITY. All findings, reports, information and exhibits shall become the property of CITY. 6.23 Responsibility for Errors. CONSULTANT shall be responsible for its own work and results under this Agreement, and shall not be responsible for any work by CITY performed prior to the date of this Agreement or for any other acts or omissions directly attributable to CITY. CONSULTANT, when requested, shall furnish clarification and/or explanation as may be required by CITY regarding any services rendered under this Agreement at no additional cost to CITY. In the event that an error or omission attributable to CONSULTANT occurs, then CONSULTANT shall, at no cost to CITY, provide all necessary design drawings, estimates and other CONSULTANT professional services, as authorized by this Agreement necessary to rectify and correct the matterto the sole satisfaction of CITY and to participate in any meeting required with regard to the correction. 6.24 Independent Contractor. The parties hereto acknowledge and agree that the relationship between CITY and CONSULTANT is one of principal and independent contractor and no other. Nothing contained in this Agreement shall create or be construed as creating a partnership, a joint venture, employment relations, or any other relationship except as set forth between the parties. The parties specifically acknowledge and agree that CONSULTANT is not a partner with CITY, whether general or limited,and no activities of CITY or CONSULTANT or statements made by CITY or CONSULTANT shall be interpreted by any of the parties hereto as establishing any type of business relationship other than an independent contractor relationship. NOTE: In the event the CONSULTANT'S personal services are required, the following shall apply: This Agreement is made on the express condition and understanding that Peter J. Bucknam 's personal services are a substantial inducement to CITY for entering into this Agreement. If for any reason Peter J. Bucknam should no longer be the responsible manager for CONSULTANT, this Agreement shall be subject to immediate termination on written notice from CITY. V.March2007 15 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date and year first above written. CITY OF LA HABRA: APPRO ED AS TO FORM: JIM S DRO RICHARD JONES CITY N,IANAGER CITY ATTORNEY ATTEST. CONSULTANT TAMARA D. MASON, MMC PET R J. BUCKNAM CITY CLERK \wevl$ PRESIDENT COUNTER SIGNED: V.March2007 16 EXHIBIT "All SCOPE OF WORK AND SCHEDULE OF PERFORMANCE V.March2007 17 11 Q' 1f Scope of Work Proiect Understanding/Approach We have defined detailed phases to the scope of work; 1. Project Implementation 2. Client Satisfaction 3. Project Schedule 4. Scope of Work(Major Tasks) 5. Optional Services(i.e. Digital Roadway Imaging—Infrastructure) 1) Project Implementation Task 1.1: Managennent-&-AdmWstration--Pmjoct Kickoff The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of La Habra it will be essential to establish, up front, the Public Works and Street Maintenance/CIP 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 will be scheduled immediately after the purchase order is issued. This effort will build consensus between the Street Maintenance and Public Works departments as well as build stronger ARTERIAL and LOCAL long-term maintenance programs. The first key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, new county island annexations, Measure M2 compliance,annual survey areas,new construction,PCI range/maintenance triggers,data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. During the project several project assessment meetings and project status meetings will be held to ensure that the major scope tasks and project schedule are being adhered too. Task 1.2. Project Status Meetings—Quality Control Program Status Meetings and Progress Reports • Minimum of three meetings during the project (kickoff, field, and status meetings)-minimum of eight(8)hours; • Field review meetings; • Monthly progress status reports will be delivered to City project manager. City of fa Habra. 4-1 20199 PaveFt,c ni 6Vianagernara €!'p6attE <• u Scope of Work a` Quality Control(QC) We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent of the original 126 miles of 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(this will include 12.6 arterial/local/alley QC). 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. PCI variance reporting will be performed where previous PCI 2017 data will be compared to newly inspected 2019 PCI data; if PCI's vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc. Bucknam will record/log any discrepancies between the previous and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval). Since we are collecting distress information on our field Tablets with the La Habra MicroPAVER database live,our staff will perform several quality control tests within the pavement management software using a sample set of the City of La Habra's street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. All general draft and final reporting will follow the OCTA "Countywide Pavement Management Program,Guidelines Manual. Over the past year,Bucknam has submitted seventeen (17) OCTA Measure M2 compliant reports for OC municipalities, they Include: _ MAN Brea .__.__ Irvine ._ �. . i RSM ...__ Costa Mesa J A 'sc Viejo Tustin n Beach Y�Sffiia Hills _Fc;jntain V&Uey ; sen Juan Capistrano + La Habra _,..._4untlngton 8escfi ,Vevmart Beach .^ � �� ��u ertaz .�W La?a'mz i Sari C"emente I Our surveys follow the accepted OCTA procedure 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 PMP Distress Training Classes held in November,2011,2012,2013,2014,2015,2016 and 2017. In January 2018 our staff was acknowledged as "qualified inspectors and firm" to prepare Pavement Management Plans compliant with the OCTA Countywide Pavement Management Guidelines(this compliance runs through June 2020;see documentation at the end of our scope of work). VZVaf La Habra 4-2 — - Z9,19 Pavel,ieni I�ca� afe m�erct Yliaeia2 dr s Scope of Work Registered Engineer/Lead Engineer Mr. Steve Bucknam, P.E. will review all completed data and sign the final PMP report incorporating the results of our pavement evaluation and conditions. We will provide engineered recommendations for pavement rehabilitation and replacement based upon field data and analysis. 2) Client Satisfaction Task 2.1: Project Deliverables Shown throughout our Scope of Work,each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Public Works and Street Maintenance departments. Project success is created by delivering on three main factors; 1. Adherence to scope tasks and deliverables 2. Performing to the standard set by the Project Schedule;and 3. Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project Deliverable:Project Status Updates,as stated in Task 1.2 3) Project Schedue Task 3.1: Work Flow/Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample,certified staff to apply to this project in order to meet an aggressive schedule (three field technicians will drive the proactive schedule). i.ae+4orxarwaK ��'� _. urrs•rwrsnree ���-- °��-wdAetsAtlArM+el�rw•o.xnu.u.) tseAww.ura x ge1c LA-Pretret O+IFru+yn " a)rralAre;A. _ i � :+)sn.ne aiwed T+O u•AOAAIMNY!! ;;47 krk Imwt__— _'"PO Reputft !r _w _.T+d4f MY+°+M�e _ltlYefts"lAadDrMtr _.. Oelhervdrgw!CIP RerArt TasM�5•A4AAlAAAId AK — 44 TuYefi•ILIYln MI AerOr PAIr1eleb Poretl .—.-.... .a . 14R44•AgeAPAVOI irN.+rv) rNy of la 02bra 4-3 ICIR Pavement YAL'rL-agen-refil Update Scope of Work II We anticipate the annual PMP services to start in September of each year and will be completed by March of the following year. See key milestone dates from the project schedule below(fiscal year will change accordingly): • Project Kickoff—October 22, 2018 • Survey Completion—February 2,2019 • Delivery of draft PMP—March 2, 2019 • City comments returned to Consultant—March 16, 2019 • Delivery of City CIP Final Report—March 30,2019 o All necessary OCTA data, reporting and revenue projections will be submitted ro for to June 30,2019(no later than March,2019) • Submittal to OCTA of MicroPAVER Certification conforming to Renewed Measure M2 Eligibility Guidelines—March, 2019 • Implementation of MicroPAVER version 7.0—Any time after acceptance of Final PMP o One copy of the MicroPAVER database will be delivered o All pavement and GIS data pertinent to the project deliverables will be submitted with the Final PMP report 4)Scope of Work(Major Tasks) TASK 4.1: MicroPAVER Management— Work History On an annual basis the City's Public Works staff has provided relevant work history data in the form of completed slurry seal,overlay and reconstruction plan sets,Excel spreadsheet listings and site location maps. Our project manager will continue to work with Mr.Chafik Mouradi and Mr. Chris Johansen on acquiring these types of data sources. In regard to adding the newly accepted Orange County unincorporated streets to MicroPAVER, Bucknam has already worked with La Habra 1T staff in identifying the"accepted"streets as of July, 2018. This is due to the fact that our staff is currently assisting the City in building its citywide GIS Enterprise. Bucknam will again assess available La Habra resources to verify all necessary newly construtted/added Streets and enter them into the La Habra MicroPAVER database. Based on the pavement maintenance that has been performed by in-house staff as well as contractual rehabilitation/maintenance, our staff will review all street activities that have been performed since the 2017 PMP update. This data will be entered into MicroPAVER v7 to enhance pavement deterioration analysis, PCI's and the recommendations for the upcoming budgetary analysis and CIP reporting. fits,cf to Nabra 4-4 2.01 P;jvemL,.Wi Uridiate Scope of Work TASK 4.2 Povement Condition Surveys MPAH, Local and Alley Street Survey First and foremost, the assessment of the City's pavement segmentation is the one of the key priorities for this project. With two years since the City performed inspections it will be essential to verify that all Local / MPAH segmentation is up-to-date and that section SF quantities are accurate and reliable. Once the pavement segmentation has been assessed and verified,the necessary inspections will be performed. Our survey methodology will include one or a combination of the following approaches based on ASTM D6433-16, OCTA reporting guidelines and the City's cost / benefit analysis: 1. Walkir - All sections are surveyed through walking methodologies. Distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with ASTM D6433-16 & the Army Corp of Engineers sampling guidelines while being flexible to current City requirements. All sample locations are observed through walking surveys;additional street factors such as unique distress areas found outside our sample areas will be recorded. According to the OCTA guidelines the following La Habra Local and MPAH pavement sections are to be surveyed for the upcoming 2019 PM update: • The inspection of approximately 17 miles of Arterial segments will be performed; • The inspection of approximately 96 miles of Local segments will be performed; • The inspection of approximately 7 miles of Alleys will be inspected under this project; • Recent slurry seal and overlay maintenance will reduce total mileage of survey—TBD; and • 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 La -�- Habra's MicroPAVER database live in the field. At the end of the day all electronic data is t. "' _ transferred to our office forquality l - d management. ,,, - control an ,,. � i I ' Our Tablet methodologysets us "' � •" apart from the competition n 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 I a Iiabra, 4-5 201.9 ravenlar-9 Wi;tinge Me tit U plate as .F Scope of Work Roadway Verf ication 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): 2. Field Attribute Data(updated and/or verified) • From/to, indicating the assigned limits of the section, sample test areas,street name, street codification • Street ranking indicating local, alley,arterial,collector,#of lanes, surface type • Historical PCI tracking from previous 2017 inspections and 2019 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) 3. Conditional data will be evaluated for all street seements and will Include: • MicroPAVER 20 AC& 19 PCC distresses by type,severity and sample area • PCI ratings(0-100),taking into account the surface condition, level of distress • Other known or found environmental issues(standing.water,site condition,etc.) We welcome staff members from the City of La Habra to join our surveys. All pavement data will be entered into the City's most current licensed software(version 7,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 Oceanside office. At the completion of the project, the MicroPAVER database will be placed within your information services/communication network. 4. Section Distress and PCI Reporting Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. This report will provide the necessary information within MicroPAVER for the City to use and manipulate projected street rehabilitation and maintenance projects. Included in the report will be updated pavement performance curves and maintenance decision models. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly. Our PCI Reporting will include: • PCI Report—Sorted by Name(A to Z), PCI Order(0-100),Zone (1, 2,3,etc.); • Pavement segment and PCI"Variance Report" (sections showing+/-10 PCI variance); • Graphical representation of conditions; • Condition Report Analysis for each segment; • Work history report;and GIS Maps presenting PCI presenting PCI findings by Zone and by section. Once the City has reviewed, assessed and commented on the draft report, we will address all comments made and deliver the final reports. City of La Nahra 4-6 _ w ;W-19 ftavevnc.t-0 Its;arcpgemcn,, urjda e Scope of Work Deliverable:Citywide PCI reports,compliant OCTA PCI reports, PCI Variance report DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK4.3: Maintenance & CIP/8udgetaryAnalysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently being used by the City. Based on the City's current AC & PCC applications, Geotech reports and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our fiscal and deterioration analysis, we will present our results and recommendations to City staff. This analysis will become an essential building block for the projected seven-year CIP/maintenance programs. The City is required to submit OCTA compliant,seven-year projections by June 30,2019; Bucknam will deliver all necessary reporting by March,2019. We will establish/update a maintenance "decision tree" that will be used to generate pavement recommendations that match current fiscal year maintenance approaches/City practices. This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within Micro PAVER based on functional class(i.e.arterial,collector, local)and age. Our staff will review the La Habra's deterioration curves that have been developed based on historical pavement condition,inspection,surface type,and road class. The curves will be modified based on current pavement conditions.The strategies that are typically reviewed are rehabilitation and reconstruction (R&R), localized maintenance, slurry seals, and various overlay types, the expected improvement in pavement condition, the life-cycle extension that would result and the unit costs for maintenance. All maintenance practices/unit costs will be integrated into MicroPAVER and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made. Our staff will also review and recommend an update to the existing Area/Zone residential cycle; this will allow us to proactively schedule localized maintenance efforts throughout the CIP. Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies during each fiscal year and within each Zone defined by the City. Once the repair/rehabilitation strategies have been defined, the identification of a seven year Forecasted Maintenance schedule will be generated. The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review of the City's Pavement CIP • Present pavement conditions; Desired levels of service and available resources • Projected/Forecasted PCI's per section • Cost benefit of individual strategies(e.g. maintain PCI in 7-years,etc.) City of La Habra 4-7 2019 !>avnnczre.rii. update pit Iw Scope of Work • Scheduling with the City's major CIP projects(water,sewer, etc.) • Budgetary recommendations that satisfy OCTA Local Match Reduction guidelines • Future routine maintenance needs based on projected deterioration rates • Renewed Measure M and AHRP objectives and improving citywide weighted PCI The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis.Aworking "draft" Final Report will be generated for City staff to review. The report will include an executive summary,the PCI Report as well as draft budgetary findings and recommendations. Deliverable: Two copies of the Draft Pavement Management Program Report TASK 4.4: 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(April 2018). 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 FY 2019-2026) that show the largest return on investment and acceptable levels of service; ■ Modeling and comparison of budget scenarios typically include: ■ Current/Actual budget 7-year projection(citywide approach) ■ Identification of annual funding to maintain current PCI after 7-years ■ Increase current PCI within 7-years ■ Gradual, Frontloaded,Constrained and Unlimited funding analysis ■ Strategies and recommendations for the City's maintenance programs and procedures, including a preventative maintenance schedule; • Supporting documentation required by OCTA;and ■ A detailed breakdown of deferred maintenance(backlog). We will make a presentation of the results from the 2019 PMP update to City personal and/or City Council if necessary-pro bono. CMf of La Habra 4-8 2019 Pavemi:nE YAP nagemer•F Updaie S� N Scope of Work 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: Two (2) bound copies of the Final Pavement PMP Report (plus one original signed by our Registered Engineer, CA No. 20903), in binder and electronic form (.pdf),will be sent to the City. Bucknam will provide one (1) DVD copy that includes all final reporting documents,MicroPAVER.e65 PMP database and GIS files. TASK-41.�: Mapping and GfS As an enhancement and proactive CRY of.La Habm,CA -- approach to this project, our staff will update the existing Pavement- . GIS link between Micro PAVER and the City's GIS system. Our staff established this link in 2016 and has updated the unique PMP-GIS layer every year. Our staff will review, VJ! I with City staff, all ongoing upcoming capital projects that may impact the - � GIS mapping delivered for this RE -'— 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(see 2017 La Habra PMP map above). Deliverable: Complete GIS files/themes based on list above(shapefiles). Vf-y of is Habra 4-9 2.019 Pavement[N,.Iaraager iem Update. 6 + Scope of Work TASK4 6- La Habra My Roads PMP Web-Portal La Habra My Roads Web-Portal Bucknam now provides all our MicroPAVER clients with a unique and agency driven "My Roads" web-portal that provides instantaneous access to your MicroPAVER database. This "dashboard" allows users to toggle through individual sections,zones, ranks,etc.to review all section metrics, latest/previous inspections, generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. MyRoads � � a=on�n: kn m inccom Z toMM Ai rut i ROM sedimu curtcnt PG Alt All LA HABRA Klb\yYedr + i ff; C s 1t PCI by P&nk T;• _tw twntnnu f ^84 v. Bucknam has shown above the current La Habra "My Roads" actively working! This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the La Habra MicroPAVER database the My Roads dataset is immediately changed to reflect work history edits, PCI inspections and section changes. CKI,of Ea Habra 4-10 2019 Paverlre.FA Managerntent Update a� Scope of Work Additional Services(Optional) TASK 4.7: As-Needed PMP Services Pavement Management Program Support With the City implementing a biennial PMP management schedule Bucknam will provide annual PMP support that will cover data previously submitted by our staff. If additional services outside the identified scope of work above are requested Bucknam will provide timely and proactive services to the City. Additional As-Needed services typically include: • Review of geotechnical, PS&E plan sets or other PMP related studies from outside agencies(i.e.OCTA,etc.); • Additional budget scenarios,general reporting,deterioration studies • Additional visual inspections above the mileage amount indicated in Task 4.2 • Additional pavement management—GIS mapping • Additional MicroPAVER training, operation use Also, if requested, Bucknam will assess and review the City's upcoming maintenance schedule for that fiscal year. The agreement will continue to include the provision of onsite and telephone support for the City staff. TASK 4,8, MicroPAVER Training MicroPAVER Training With PMP software use being one of the key components to a successful PMP implementation, we will provide City staff with quality, certified training and the necessary skills needed to maintain the PMP. Bucknam will provide City staff with all collected pavement/GIS data,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 by City staff to facilitate the program. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi-day training sessions covering implementation,interfacing with the system, PMP methodologies, field survey practices, PCI calculations, budget needs analysis and editing/updating the database. This is estimated to consist of a minimum of 8 hours of training. Training typically involves one (1)day of training on the PMP software and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology. We can train one key individual or an entire classroom using a City training facility pending on your needs; the intent of this training is to empower and allow City staff to continue updating the PMS database on their own after this project is completed. City of Eo Habra 4-11 2eT-Ir} Pavement Mariaeemertt Upda:t atY , Scope of Work OV-TA PMP QUAUWATIONS/CERTIFICATION!-, Shown below is OCTA's verification that Bucknam Infrastructure Group, Inc.is prequalified to prepare Pavement Management Plans. Bucknam is"qualified" until June, 2020. ' From:Brianna Martinez malftp ` �cta,net)k Sent:Tuesday,February 27,2018 9:25 AM To:Peter Bucknam< Abu,;., �arr1-inc.00m 'Sent on oehatf of Barry Thonxrs,OCTA Planning � i r Good morning, Here are the currently prequalified pavement inspection consultants and agencies: • March 23,2016—Expires June 30,2018 o Bucknam Infrastructure Group o City of Cypress o Civil Source,Inc. 1 o Dynatest o Fugro o GIE o NCE o Onward Engineering o City of Orange April 21,2017—Expires June 30,2019 o Adhara Systems, Inc. o Fugro Roadware, Inc. o GMU o Harries&Associates o IMS f o Marker Geospatial o NCE o Twining o Vanderhawk • February 15 2Q1g-EYpiresJUMN,2020 j Bucknam Infrastructure Group o Best, s Brianna Martinez a V'w of Ea Habra 4-12 1G19 Pavement lViarbagement Update EXHIBIT "B" COMPENSATION RATES AND CHARGES V.MarCh2007 18 Fee Proposal Fee Proposal Bucknam Infrastructure Group, Inc. has included a time&materials, not-to-exceed proposed fee for the City's consideration (separate envelope). Our fee follows the described tasks shown within the Scope of Work; Hourly Rate Schedule enclosed as well. Bucknam is willing to "lock-In" our current hourly rate schedule for the Clty's new biennlal� contract term. These hourly rates have been utilized since 2026. As indicated within our fee, all tasks are negotiable. 5-1 --- ClrY OF da KABRA,C4 Citywide Pavement dNanagement'Progrom 2019 Update Proposed Fee-September 18,2018 0escr4ptlan T P19eeipal folect IS Planner LZ_ni id I I Admfn 6Y�tk Bose Pet $250/hr $IBQ/hr $240/hr! $WJhr M/hr Tick I Kick-off Meaft PMP SerWaes Task 1.1 Project Kick-off 1 1 4 Task 1.2 Project Status Meetings-quality Control Program 3 3 10 Tkik 2 CaNd Sadsftoll¢n Task 2.1 Project DeliveraMes 1 2. 2 2 2 Si.27 Task t-. + - Task 3.1 Work Flow/Project sdiedwe i 4. 2. Tusk 4 a�IRlorlt Task 4.1 IIIAIWOAVEit Mitptsnt M-Work FEiatory _ Pavement Work History Date Entry 1 g $884 Incorporation of unincorporated OC streets 1 _._ 2 8 _ Task 4.2 Paya neW Ca mOWn Survey i i FAPAK Lead old Afty$MW Survey ---- 2018-19Surve (120miles-Walkin siiieid 8 4 - t -hidudes newts Incorporated OC island streets $13 C ck 4.3 MahOwM e&C� - Anaty�ls _ _� 6 - 51,256 A 4.4 �j CCTA Owolianaa Mporta 22 3 2. $4.556 Task 4.5 MaOpft&WQM - - ,-. --- PMP-GLS Layer Update Cost 2 3 —S1.e36 Tuk 4.6 Is 80 a My f eds PIAF Web~41 — $ Reimbursabies(mileage, materials _ )__- 10 All d llverables will become property of the of Le Mabre _ Afi Tasks a►t:negotiable TAW 1101rs per Ralf ----_ 2 48T 3B 37B 2 -- Ttilto ft FM S AV $ up $ VIN f s lfQnun Sb ses ask4A As-Needed PMP Services(Annual) -- ' Task 4.7 M_oaMVEftTraining Additional services outskte of this contract win be negotlated with the City where we will use the Standard Hourly Rate Schedule *Notes/Assumptions Task 4.2-City's recent slurry seal and overlay maintenance will reduce total mileage to survey-TSD Task 4.4-Draft reporting will be submitted in February and Final reporting will be submitted by March 30 Task 4.5-8ucknam assumes City has a current ArcMap 10license Task 4.5-8ucknam produced and delivered a 2016 Citywide PMP-GIS layer that linked to PMP(a simple GIS Update is recommended) 5-2 Standard Hourly Rate Schedule Category/ Rate Principal $250 Senior Project Manager 215 Senior Engineer/Planner 195 Construction Manager 185 Pavement Management Project Manager 180 Management Analyst 165 Project Engineer/Planner 155 Sr.Engineer/Sr.Technician/GIS Planner/Sr.Inspector 140 Assistant Engineer/Technician/GIS Analyst/Inspector 125 CADD Operator 110 Administrative Assistant 105 Field Technician as Clerical/Word Processing 75 Forensic Services Quote Reimbursables Mileage $0.65/mile Subconsultant Services Cost+15% Reproduction Cost+15% Travel&Subsistence Cost+15% Fees&Permits Cost+15% Computer Services(External) Cost+0% Rates Effective 9/1/17 BUCKRAM INFRASTRUCTURE GROUP,INC. 359t5MWWWey,Sum 2900cowKWr.lA%M% T.7rp.2t(.0291.760.MAM9 vaiywbucknam-inC�am 5-3 DATE(MMIDD/YYYY) ACORV CERTIFICATE OF LIABILITY INSURANCE `./ — 11/15/2018 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 pollcy(ies)must have ADDITIONAL INSURED provisions or 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 ._.,_ CONTACT _. NAME: CIN A! ,Bella 780-5381 Nol; (866)828-2424 WILLIS OF ILLINOIS,INC. ADDRESS: Cerdficote@Hanover.Com 233 S WACKER DR,SUITE 2000 _-_ INSURER(a)AFFORDING COVEBAGE NAICs CHICAGO IL 60606 INSURER A: Citizens Ins Co of America 31534 INSURED INSURERS: HanoverAmedcan Ins Co 36064 BUCKNAM INFRASTRUCTURE GROUP INSURERC: — INC INSURER D: — 3548 SEAGATE WAY STE 230 INSURER E: OCEANSIDE CA 92056 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR — TYPE OF INSURANCE INso'.wvD POLICY NUMBER tMM;frpY EPF POLICY EXP --- _- INSR ADDLSUBR POLIC �rvYY1 [MMIDD/YYYY� _LIMITS _ ✓ COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED CWMS-MADE OCCUR PREMISES:Es occurrence; $ 1,000,000 MED EXP(Any one person)._ .$ 10,000 A _ Y Y OBC A399956 04 09/16/2018 09/16/2019 PERSONAL 8 ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2.000,000 POLICY a PRO- JECT LOC PRODUCTS-COMP/Op AGO $ 2,000,000 OTHER _ $ I AUTOMOBILE LIABILITY EOa accidentEDSINGLELI $ 1,000,000 ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED Y Y OBC A399956 04 09/16/2018 09/16/2019 BODILY INJURY Per accident $ AUTOS ONLY AUTOS ( ) ✓ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY :Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 9,OOQ000 A EXCESS LIAB CLAIMS-MADE Y Y i OBC A399956 04 09116/2018 09/16/2019 AGGREGATE ,$ 9.0 00.000 DED RETENTION$ __ _ WORKERS COMPENSATION ____ PER 1 1 0TH;- AND EMPLOYERS'LIABILITY YIN STATLRE _ ,lR_ ANYPROPRIETORIPARTNERIEXECUTIVE E.L.EACH ACCIDENT $ 1, O,000 B OFFICER/MEMBEREXCLUDED? ❑N MIA Y WZC A399946 04 09/16/2018 09/16/2019 - DO - (MandatorylnNH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yyeess,descnbe under ------ DESCRIPTIONOFOPERATIONSbelow E.LDISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The City,its elected officials,officers,employees,volunteers,boards,agents and representatives are Additional Insured on the General Liability and Auto Liability pursuant to the terms and conditions by form 391-1686.Additional Insured is Primary and Noncontributory to the extent provided by form 391-1003(pg 79 of 81).Waiver of Subrogation as provided by form 391-1003(pg 80 of 81).Cancellation Notice will be provided to the Certificate Holder pursuant to endorsement:401-1235.Such notice is solely for the purpose of informing the Certificate Holder of the effective date of cancellation and does not grant,alter,or extend any rights or obligations under this policy. Waiver of Subrogation as provided by form WC040306- CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. CITY OF LA HABRA AUTHORRED REPRESENTATIVE - r ..�. P O BOX 337 LA HABRA CA 90633 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY.PLEASE READ IT CAREFULLY, GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM A. Additional Insured by Contract,Agreement or injury and advertising injury". Permit (2) To any person or organization included as an insured by another endorsement The following is added to SECTION 11 - issued by us and made part of this LIABILITY,.C.Who Is An Insured: Coverage Part. Additional Insured by Contract,Agreement or (3) To any lessor of equipment: Permit (a) After the equipment lease expires; a. Any person or organization with whom you or agreed in a written contract, written agreement or permit that such person, or (b) If the "bodily injury", "property organization to add as an additional insured damage", or personal and on your policy is an additional insured only advertising injury" arises out of sole with respect to liability for "bodily injury", negligence of the lessor "property damage", or "personal and (4) To any: advertising injury" caused, in whole or in part, by your acts or omissions, or the acts (a) Owners or other interests from or omissions of those acting on your behalf, whom land has been leased if the but only with respect to: occurrence" or offense takes place or the offense is committed after (1) "Your work"for the additional insured(s) the lease for the land expires; or designated in the contract, agreement anagers or lessors of premises if:(b) M or permit including "bodily injury" or "property damage" included in the (1) The"occurrence"takes place or "products-compFeted operations hazard" the offense is committed after only if this Coverage Part provides such you cease to be a tenant in that coverage. premises; or (2) Premises you own,rent, lease or occupy; (11) The "bodily injury property or damage", 'Personal injury" or (3) Your maintenance, operation or use of "advertising injury" arises out of equipment leased to you. structural alterations, new construction or demolition b. The insurance afforded to such additional operations performed by or on insured described above: behalf of the manager or lessor. (1) Only applies to the extent permitted by (5) To "bodily injury","property damage"or law; and - "personal and advertising injury"arising (2) Will not be broader than the insurance out of the rendering of or the failure to which you are required by thecontract, render any professional services, agreement or permit to provide for such This exclusion applies even if the claims additional insured. against any insured allege negligence (3) Applies on a primary basis if that is or other wrongdoing in the supervision, required by the written contract, written hiring, employment, training or agreement or permit. monitoring of others by that insured, if the "Occurrence" which caused the (4) Will not be broader than coverage "bodily injury" or "property damage" or provided to any other insured. the offense which caused the "personal (5) Does not apply if the "bodily injury", 'and advertising injury" involved the "property damage" or 'personal and rendering of or failure to render any advertising injury" is otherwise professional services by or for you. excluded from coverage under this d. With respect to the insurance afforded to Coverage Part, including any these additional insureds, the following is endorsements thereto. added to SECTION 11 -LIABILITY, D. Liability c. This provision does not apply: and Medical Expense Limits of Insurance: (1) Unless the written contract or written The most we will pay on behalf of the agreement was executed or permit was additional insured for a covered claim is the issued prior to the "bodily injury", lesser of the amount of insurance: "property damage", or 11personal 391-1586 08 18 Includes copyrighted material of Insurance Services Offices,Inc.,with its permission. Page 1 of 2 Insurance Group- OBCA399956 1309570 1. Required by the contract, agreement or added to SECTION II-LIABILITY, F. Liability permit described in Paragraph a.; or And Medical Expenses Definitions: 2. Available under the applicable Limits of 1. "Your project" means: Insurance shown in the Declarations. a. Any premises, site or 'location" at, This endorsement shall not increase the on, or in which "your work" is applicable Limits of Insurance shown in the not yet completed; and Declarations b. Does not include any"location" listed B. Aggregate Limits of Insurance per Project or per in the Declarations. Location 2. "Location"means premises Involving the The following changes are made to SECTION II - same or connecting lots, or premises LIABILITY: whose connection is interrupted only by a street, roadway, waterway or 1. The following is added to SECTION II - right-of-way of a railroad. LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4: The Aggregate Limits of Insurance apply separately to each of"your projects"or each "location"listed in the Declarations. 2. For the purpose of coverage Provided by this endorsement only, the following is ALL OTHER TERMS, CONDITIONS,AND EXCLUSIONS REMAIN UNCHANGED. 391.1586 0816 Includes copyrighted material of Insurance Services Offices, Inc.,with its permission. Page 2 of 2 nd anover Insurance Group. OBCA399956 1309570 1. SECTION I - PROPERTY, if two or more of However, if you agree in a written this coverage part's coverages apply to contract, written agreement, or the same loss or damage, we will not pay written permit that the insurance more than the actual amount of the loss or provided to any person or damage. organization included as an 2. SECTION 11 - LIABILITY, it is our stated Additional Insured under this intent that the various Coverage Parts, Coverage Part is primary and forms, endorsements or policies issued to non-contributory, we will not seek the named insured by us, or any company contribution from any other affiliated with us, do not provide any insurance available to that Additional duplication or overlap of coverage for the Insured which covers the Additional same claim, "suit", "occurrence", offense, Insured as a Named Insured except: accident, "wrongful act" or loss. We will (1) For the sole negligence of the not pay more than the actual amount of Additional Insured; or the loss or damage. (2) When the Additional Insured is If this Coverage Part and any other an Additional Insured under Coverage Part, form, endorsement or another liability policy. policy issued to the named insured by us, b. Excess Insurance or any company affiliated with us, apply to This insurance is excess over: the same claim, "suit", occurrence, offense, accident, "wrongful act" or loss, (1) Any of the other insurance, the maximum Limit of Insurance under all whether primary, excess, such Coverage Parts, forms, contingent or on any other basis: endorsements or policies-combined shall ,, (a) not exceed the highest applicable Limit of That That is Fire, Extended s Risk, e, Builder' Insurance under any one Coverage Part, Coverage, Risk o similar form, endorsement or policy. Instalcoverage for"your work'; This condition does not apply to any (b) That is Property Insurance for Excess or Umbrella Policy issued by us specifically to apply as excess insurance premises rented to you or over this policy. temporarily occupied by you G. Liberalization with permission of the owner; (c) That is insurance purchased If we adopt any revision that would broaden by you to cover your liability the coverage under this policy without as a tenant for "property additional premium within 45 days prior to or damage" to premises rented during the policy period, the broadened to you or temporarily coverage will immediately apply to this policy. occupied by you with H. Other Insurance permission of the owner; or 1. SECTION I -PROPERTY (d) If the loss arises out of the If there is other insurance covering the maintenance or use of raft erc aircraft, "autos" or watercraft same loss or damage, we will pay only for aircraft, the.extent not walsub*e c to, the amount of covered loss or damage in SECTION - LIABILITY excess of the amount due from that other Exclusion g. Aircraft, Auto or insurance, whether you can collect on it or Watercraft; and not. But, we will not pay more than the applicable Limit of Insurance of SECTION 1 (2) Any other primary insurance -PROPERTY. available to you covering liability 2. SECTION II -LIABILITY for damages arising out of the premises or operations, or the If other valid and collectible insurance is products and completed available to the insured for a loss we operations, for which you have cover under SECTION II - LIABILITY, our been added as an additional obligations are limited as follows: insured by attachment of an a. Primary Insurance endorsement. This insurance is primary except when When this insurance is excess,we paragwill have no duty under SECTION 11 insurance is primary, our obligations - sura b. below applies. If this LIABILITY to defend the insured in against any suit" if any other are not affected unless any of the insurer has a duty to defend the other insurance is also primary. Then, insured against that "suit". If no other we will share with all that other insurer defends, we will undertake to insurance by the method described in paragraph c. below. do so,,but we will be entitled to the 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 79 of 81 inmun»d's rights against all those other premium in accordance with our rates and insurers. rules then ineffect. o: When this insurance is excess over other 3. With our monment, you may continue this innunonum, we will pay only our share of policy in 0nnow by paying m continuation the amount of the k,mm, if any, that premium for each successive one-year exceeds the sum of: period.The premium must be: (f) The total amount that all such other a' Paid to us prior to the anniversary innunynce would pay for the |oom in date; and the absence pf this insurance; and b. Dmhmnninad in accordance with (2) The total of all deductible and paragraph 2'above. self-insured amounts under all that Our forms then in effect will apply. if you other insurance. do not pay the continuation premium, this d. We will ahemn the remaining |000, if any, policy will expire on the first anniversary with any other insurance that is not date that we have not received the described in this provision and was not premium. bought specifically toapply in excess of "� Undeclared m� or change in your the Limits of Insurance shown in the business opw'--~^' acquisition or use of Declarations for this Coverage. locations may occur the policy e. Method of Sharing hod that is not shown in the If all of the other insurance permits Km|orat|onm. If ao, we may require on contribution by equal shares, we will additional premium. That premium wiU be � ''follow this method m|ou U der this determined in accordance with our rates approach each insurer contributes and rules then in �fh�ot but�o equal . amounts until it has paid its applicable J. Premium Audit Limit cf Insurance or none oy the loss i' This policy io subject to audit |fmpremium remains, vvhiuhova,unmeo�rot -` � designated as an advance premium is If any of the other insurance does not shown in the Omo|onohnnw. We will permit contribution by equal ohareo, we compute the final premium due when we will contribute by limits. Under this determine your actual exposures. method, each insurer's share is based on 2' Premium shown in this policy as advance the ratio of its applicable Limit of premium is e deposit premium on|y At the Insurance to the total applicable limits of close of each audit period, 'e willinmumonneofeUinmurom ' � ' compute the earned premium for that f. When this insurance is wzceem, we will h d and send nodomlo the first Named have no duty under Business Liability |nuured. The due date for audit premiums Coverage to defend any claim or "suit" is the date shown as the due date on the that any other insurer has m duty to bill. If the sum of the advance and audit defend. If no other insurer defandu, we premiums paid for the pnUcv period is will undertake to do so; but we will be greater than the earned premium, we will entitled tothe inmurmd'm rights against all return the excess to the first Named those other insurers. Insured. U. Premiums 3. The first Named Insured must keep 1. The first Named Insured shown in the records of the information we need for Oodam$iono Prem|unncomputation and send us copies ' nt such times mowe may request. a' Is responsible for the payment of all premiums;and K. Trmnwfer Rights �'of Recovery to Us - b. Will be the payee for any return premiums we pay. 1' Applicable to SECTION I . PROPERTY ' 2. The premium shown in the Dwu|ermU Coverage: Declarations mma computed based nn rates in effect at the time If any Pmnoon or organization to or for the policy was issued. On each renewal, whom we make payment under this policy continuation or anniversary of the effective has rights to recover damages from date of this po|ioy, we will compute the enotho', those rights are transferred to us to the extent of our payment. That person or organization must go everything necessary to secure our rights and must do nothing after loss to impair them. But you may waive your rights against another party inwriting: 3914*0308 16 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. Page NOw*G1 Hiinaver Insurance Group_ OBCA399956 1309570 a. Prior to a loss to your Covered We waive any right of recovery we may Property. have against any person or b. After a loss to your Covered Property organization with whom you have a only if, at time of loss, that party is written contract, permit or agreement one of the following: to waive any rights of recovery against such person or organization because of (1) Someone insured by this payments we make for injury or insurance; damage arising out of your ongoing (2) A business firm: operations or"your work" done under a (a) Owned or controlled by you; contract with that person or organization and included in the or "products-completed operations (b) That owns or controls you; or hazard". (3) Your tenant. This condition does not apply to You may also accept the usual bills of Medical Expenses Coverage. lading or shipping receipts limiting the L. Transfer of Your Rights and Duties Under liability of carriers. This Policy This will not restrict your insurance. Your rights and duties under this policy 2. Applicable to SECTION II - LIABILITY may not be transferred without our written Coverage: consent except in the case of death of an y If the insured has rights to recover all or individual Named Insured. If ou die, yourrights and duties will be transferred to your part of any payment we have made legal representative but only while that under this Coverage Part, those rights legal representative is acting within the are transferred to us. The insured must scope of their duties as your legal do nothing after loss to impair such representative. Until your legal rights. At our request, the insured will representative is appointed, anyone with bring "suit" or transfer those rights to us proper temporary custody of your property and help us enforce them. will have your rights and duties but only with respect to that property. 391-1003 08 16 Includes copyrighted material of Insurance Services Office, Inc.,with its permission. Page 81 of 81 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) 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 2% %of the California workers'compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description BLANKET AS REQUIRED BY CONTRACT This endorsement changes the policy to which it is attached and is effective on the date Issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. W Z C-A 3 9 9 94 6-04 Endorsement No. Insured Insurance CompanyTHE HANOVER AMERICAN INSURANCE COMPANY Countersigned By WC 04 03 06(Ed 04-84) OBC A399956 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. NOTICE OF CANCELLATION TO DESIGNATED ENTITY(S) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART HANOVER COMMERCIAL FOLLOW FORM EXCESS AND UMBRELLA POLICY COMMERCIAL PROPERTY COVERAGE PART BUSINESS AUTO COVERAGE FORM BUSINESSOWNERS;COVERAGE FORM SCHEDULE Name of..Designated Entity— Melling Address or Email Address Number q#y�NqKice CITY OF LA HABRA P.O.Box 337 30 LA HABRA,CA. 90633 (Information required to complete this Schedule,if not shown above, will be shown in the Declarations.) If we cancel this policy for any reason other than nonpayment of premium, we will give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing.The notice to the Designated Entity(s)will state the effective date of cancellation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance oft effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy, ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. Page I of I 401-1235 12 14 Includes copyrighted material of Insurance Services Office,Inc.,with its permission. List of Consultants that submitted proposals for the City of La Habra 2019 Pavement Management Program Update Bucknam Infrastructure Group, Inc. 760-216-6529 Nichols Consulting Engineers 714-848-8897 Furgo USA Land, Inc. 213-788-3500 Twining Pavement Management 562-426-3355 Dynatest North America, Inc. 805-648-2230 YO0 e + ' ' 518119 Page 1 of 1 H .: Project Understanding / Scope of Work T Project Understanding/Approach We have defined detailed phases to the scope of work; 1. Project Implementation 2. Client Satisfaction 3. Project Schedule 4. Scope of Work(Major Tasks) 1)Project Implementation TASK 1.1: Project Kickoff The first step in implementing a successful pavement management program (PMP)truly resides in frequent communication and timely scheduled data updates. For the City of Huntington Beach it will be essential to establish, up front, the Public Works pavement management priorities for FY 2019-20 and beyond. During May 2019, our firm/Project Manager discussed with Huntington Beach staff the upcoming 2019-20 work efforts and long-term management of the PMP. This allowed for the identification of key project tasks while identifying tasks that could be refined, improved upon and/or removed;thus allowing for cost-savings to the City. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach, zone maintenance, Orange County Transportation Authority(OCTA) compliance, finalization of the scope of work and the review of the budget/schedule. This effort will continue to build upon the consensus between the Public Works and Maintenance departments as well as build stronger ARTERIAL and RESIDENTIAL maintenance programs/schedules. The first key topics to be discussed will include the review and assessment of the existing PMP pavement plan/data, OCTA compliance; survey areas (based on recent maintenance work and schedules), new construction, data quality and condition,current pavement procedures; historical expenditure levels, and desired service levels. After the meeting the City`s official Notice-to-Proceed will be given. Deliverable:Meeting minutes,revised project schedule(if necessary) TASK 1.2: Project Status Meetings- Quality Control Program Status.Meetings and Progress Reports • Minimum of three meetings during the project (kickoff, field, and status meetings) • Field review meetings • Monthly progress status reports will be delivered to City project manager 1-1 ` ` Project Understanding Scope of Work 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 ofthe original surveys (26.2 centerline miles) will be re- surveyed by an independent survey crew,supervised by a field supervisor,and the results will be compared tn 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 segmehts. Since we are collecting distress information on our field Tablets with the Huntington BemmhMi*roPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set oftheCbV wf Huntington 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 O[7A "Countywide Pavement Management Program, Guidelines Manual (January ", our staff will follow and deliver on the requirements stated on Section 2.4, page 8 which require spcdMcO4/QC data. All general draft and final reporting will follow the Chapter 3 guidelines. Our QA/QC plan will be approved bythe City prior to the start of any inspections. Over the past two years,0uuknmmm has already submitted si-xteen(16)OCTA Measure M2 compliant reports for OC municipalities,they include: RSM 77--7T,77" La Habra Huntington Beach San Clemente Fullerton La Palma Our surveys follow the accepted OCTA walking requirements. Acopy of theQA/QC plan utilized bv our staff during the project will be submitted along with the PK8P certification documents. Every year our staff has attended the VCTA K8|mnoPAVER Distress Training Classes held from 2O11thru2Q1g, In March,201B our!staff was'acknowledged ms having"qualified inspectors and firm"tm prepare Pavement Management Plans compliant mdththeQCTA Countywide Pavement Management Guidelines (this compliance runs through June 2021). Registered Engineer/Lead Engineer Mr. Steve Bucknanz P.E. will supervise all operations, review all completed data and prepare and sign afinal report incorporating the results of our pavement evaluation and conditions. We will provide engineered recommendations for pavement rehabilitation and replacement based upon field data and analysis. Project Understanding / Scope of Work 2) Client satisfaction TASK 2.1; Project Deliverables Shown throughout our Scope of Work,each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Public Services/Engineering department. Project success is created by delivering on three main factors; 1)Adherence to scope tasks and deliverables; 2) Performing to the standard set by the Project Schedule;and 3) Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project 3)Project Schedule TASK II: Work flouv/Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (two/three field technicians will drive the proactive schedule). Our Critical Path Method (CPM) project schedule shows each major task identified in our scope of work,as well as quality control milestones and meetings. 9ASE iCdPE OEWOdK _. - i}Pr Seer wtiPfrmer,t> .. i ... } .... 1 T sk 1 t•Ptojees m,m T$12 PlafeQ SUlttsM X Et tiYCa t d v o ccs 3te.us R7eet aes 9 i % X i % � r s 27 ike 13aifztatk ... i ": �_ .. ..� .L.w .... .,, ,...._ _, __.. .. T ke f P ojerY osb+x ables -il _.,__�,k _ .i-__- L -t t % — eV 3 s it R qec$#d'�tr9aiC. :. ff i T_k31-Work iWwJP,o}ect irfied� _._ EI ERos�—A W k T skl 1.7ipdxf Mriateaan[e RAeMb Acflritks �„_ -- 3 T1skR2-Parent at Eead'rt7an Sury Y ......... 3 — QNtIJ-GTain�IcaMMc.SIC peDr tP oetaxq_.. .__ .... fir-- i_ ..- iP(auee t rnwM -- _ — T kA:6 UCTi�Coatplpaec - Ct^Rt rr fD KF_at.Rpiart .. " -.-i -. _ - Oalk ryofPq ICtPR<(AM t - Ta+kas-•raaP,Pt^�rva 6t'T Upaatc OPiT[1NAl SERVICES ! ? T ___. T k51 Pavrmeat Ttekl3ioX earsinFnp i .. --_ T k5"1 Oa{'�gk es 't t 3..__ ... _,.,._.�? __._ .�,.. .., __. _ _ 3 I See key milestone dates from the project schedule below: Project Kickoff T October 7,,2019 1-3 Project Understanding / Scope of Work. ® Survey Completion—January 12,2020 ® Delivery of draft PMP—January 19,2020 o City comments returned to Consultant—January 26,2020 ® Delivery of City CIP Final Report—February 2,2020 o All necessary OCTA data, reporting and revenue projections will be submitted prior to February,2020 o Huntington Beach CIP data/Final Report, reporting and revenue projections will be submitted by February, 2020 ® Implementation of PMP database—Any time after acceptance of Final PMP o. All pavement and GIS data pertinent to.the project deliverables will be submitted with the Final PIVIP report, February,2020 4)Scope of Mork(Major Tasks) TASK4.1: Update Maintenance and Rehabilitation Activities Based on the pavement maintenance that has been performed by in-house staff as well as contractual maintenance, our staff will review all street activities that have been performed during the past two years. This data will be entered into MicroPAVER to enhance the recommendations for the upcoming budgetary analysis and CIP reporting. Deliverable:Citywide Work History Report TASK 4.2: Conduct Pavement Condition Survey Once the pavement segmentation has been assessed and verified, the inspection of approximately 168 centerline miles of MPAH will be performed (100% of MPAH routes). Our survey will ensure that all Master Plan of Arterial Highways(MPAH)routes are surveyed for OCTA compliance. There are 27.3 centerline miles of local streets (Zone 3) that need to be surveyed and 66.9 centerline miles of Locals that need to be surveyed based on OCTA's 6-year inspection requirement. These efforts will assist the City comply with Huntington Beach's necessary June 2020 OCTA submittal and internal reporting needs. A total of 262.2 miles of streets will be surveyed. IVIPAH and Local Street Survey With two plus years since the City performed inspections it will be essential to verify that all MPAH j Local segmentation is up-to-date and that section SF quantities are accurate and reliable. Once the pavement segmentation has been assessed.and verified,the necessary inspections will be performed. Our survey methodology will include the following approach based on ASTM D6433-16,OCTA reporting guidelines and the City's cost j benefit analysis: 1-4 Project Understanding / Scope of Work 1. Walking All sections are surveyed through walking methodologies. Distress types,within the samples,will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining.consistent with ASTM D6433-16 & the Army Corp of Engineers sampling guidelines while being flexible to current City requirements. Additional street factors such as unique distress areas found outside our sample areas will be recorded. According to the OCTA guidelines the following Huntington Beach MPAH and Local pavement sections are to be surveyed for the upcoming 2019 PMP update: • The inspection of approximately 168 miles of MPAH segments will be performed; • The inspection of approximately 27.3 miles of residential Zone 3; • The inspection of approximately 66.9 miles of residential sections that have 6+year old inspection dates (OCTA requires section with 6+ year old inspections to be surveyed; • Recent slurry seal maintenance/overlay rehabilitation / reconstruction will reduce total mileage of survey-TBD For all surveys,the use of our PMP-Tablet units allows our staff to collect pavement data with the City of Huntington Beach's PMP 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 MicroPAVER-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,GIS services 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: 1. Field.Attribute Data(updated and/or verified) ❖ From/to, indicating the assigned:..limits of the section,sample test areas, street name; Street ranking indicating local, alley,arterial,collector,#of lanes,surface type; Historical PCI tracking from previous inspections and 2019 PCI inspections; •:• Segment quantities,indicating the length,width,and total true area of the section; ❖ ADT volumes(if available from previous reports or current City documents) 2. Conditional data will be evaluated for all street segments and will include: ASTM 20AC& 19 PCC distresses by type,severity and sample area; •a• PCI ratings,(0-100),taking into account the surface condition, level of distress; ❖ Other known or found environmental issues (standing water,.site condition,etc.) F 1-5 Project Understanding / Scope of Work x R We welcome staff from the City to join our surveys. All pavement data will be entered into the City's most current MicroPAVER PMP database; Bucknam utilizes their own license to maintain the HB MicroPAVER database. If the City wishes to obtain the most recent version of the PMP software we will assist the City in purchasing MicroPAVER. 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 Oceanside office.At the completion of the project, an exported version of the PMP database will be delivered to the City. 3. Section Distress and PC] Reporting Upon 60% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. Bucknam will produce a "PCI Variance Report"that will demonstrate PCI variances comparing 2017 PCI's vs.2019 walking. PC.I's. This report will allow staff to identify large variances caused by inspection issues, work history impacts and other field survey factors. Additionally,this report will provide the necessary information within MicroPAVER for the City to use and manipulate projected street rehabilitation and maintenance projects. Included in the report will be updated pavement performance curves and maintenance decision models. The City and our staff will review the PCI reports to ensure that all inventory data is correct and the project is running smoothly. Our PCI reporting will include: • PCI report-Sorted by Name(A to Z),PCI Order(0-100),Zone(1,2,3,etc.) • Pavement segment and PCI "Variance.Report"; • Condition Report Analysis for each segment; • Work history report; • GIS Maps presenting PCI finding by zone and by section Once the City has reviewed, assessed and commented. on the draft report, we will address all comments made and deliver the final reports. Deliverable:Citywide PCI reports,compliant OCTA PCI reports,updated PMP database 1-6 Project Understanding / Scope of Work DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 4.3: Maintenance & CIP/Budgetary Analysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation (M & R) strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently.being used by the City. We will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our fiscal and deterioration analysis; we will present our results and recommendations to City staff. This analysis will become an essential building block for the biennial(even-year)OCTA submittals and.Public Works CIP programs. Our staff will review the Huntington Beach database deterioration curves that have been developed based on historical pavement condition inspections, surface type; work histories and road classification. The curves will be updated based on 2019 pavement conditions. Maintenance. strategies that are typically reviewed are rehabilitation and. reconstruction (R&R), localized maintenance, grinding, slurry seals,AC on PCC patching and overlays, the expected improvement in pavement condition, the life-cycle extension that would result and the unit costs for maintenance. Ali maintenance practices/unit costs will be integrated into software and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made. Our staff will,also review end,recommend an update to the existing Area/Zone residential,cycle; this will allow us to proactively schedu a localized maintenance efforts throughout the CIO. Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies during each fiscal year(i.e.2019-2026). Once the repair/rehabilitation strategies have been defined, the identification of a seven year Forecasted Maintenance schedule will be generated. The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review of the City's Pavement CIP; • Present pavement conditions Desired levels of service and available resources; • Cost benefit of individual strategies(e.g. reach a PCI of 80 in 7-years,etc.); • Recommendations budget strategies and unit costs • Demonstration of effectiveness.of several M&R strategies including preventive,recycling alternatives, high-density mineral bonds and surface/base reconstruction • Scheduling with the City's major CIP projects(water,sewer,etc.); • Budgetary recommendations that satisfy OCTA Local Match Reduction guidelines; • Future routine maintenance needs based on projected deterioration rates; • Renewed Measure M and AHRP objectives and improving citywide weighted PCI The primary emphasis of this task is to maximize the scheduling of.street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis. 1-7 Project Understanding / Scope of Work A working"draft" Final Report will be generated for City staff to review. The report will include an executive summary,the PCI Report as well as draft budgetary findings and recommendations. TASK 4A Final C!P ReportlOCTA Measure M Compliance Reports We will deliver the Executive Summary/ Final Report to the City which will be essential for staff use/reference and beneficial for elected officials/upper management. The report will be prepared in a format that uses the information delivered by the PMP in conjunction with the information and analysis performed by our team. 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 seven-year period (ARTERIAL and RESIDENTIAL Forecast Maintenance Reports)that show the largest return on investment and acceptable levels of service; •,� Modeling and comparison of budget scenarios typically include: • Maintenance required to complete all streets within 7-years; • Current/Actual budget projection(citywide approach); Strategies and recommendations for the City's AHRP, Measure M and maintenance programs and procedures, including a preventative maintenance schedule, :• Supporting documentation required by OCTA Renewed Measure M (January, 2016, or latest version); Chapter 3 items from Countywide PMP Guidelines Manual (OCTA); Pavement Management Plan Certification; ** A detailed breakdown of deferred maintenance(backlog); - The PMP will be presented to the Huntington Beach City Council and/or upper management,and we will support Huntington Beach staff in the development of the PMP presentation Deliverable: Three(3) hard copies of the Final Pavement PMP Report,in binder and digital/ electronic form(.pdf),will be sent to the City. Final PMP database will be installed at City. 1-8 ` ` ` Project Understanding Scope of Work TASK 4.5: Mapping and GIS Update AsaU enhancement and proactive approach tuthis project, our staff will work with City IT staff to ensure that all final yMP-GIS layers and map packages are published established GB Enterprise network. The maps described below will be incorporated into the [it/s G|5 Enterprise: � PC|values for every section; � Work History identifications; 7-yrOP Arterial/Local Rehabilitation and Slurry Seal Programs; 4* Local Maintenance Zone P[] maps; 4> Functional classification maps Once the City has approved the Pavement Condition Report, we will update the necessary Mic/0P4VER-G|S linkages (street names will be shown on all maps). By using the established unique |D'svvithio k4icro ERand the City's ESRI stveetshapef|e |D's,we will update the one' to-onernatchforeachpaxemmeutsectionintheG|S. 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[|t/sGVSenterprise. VVe can also `rnv|de1his6atatutheCitys E;R|4rcGG Online software (if owned)nr can provide these mapping services through AoG|S Online. Deliverable: CmnopieteG|S files/themes based`on list above(yhapeOles). 1-9 Project Understanding / Scope of Work TASK 4.6: Huntington Beach My Roads PMP Web-Portal Huntington Beach My Roads Web-Portal Bucknam now provides all our MicroPAVER clients with a unique and agency driven "My Roads" web-portal that provides instantaneous access to your Micro PAVER database. This "dashboard" allows users to toggle through individual sections,zones, ranks,etc.to review all section metrics, latest/previous inspections, generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. My Roads >"w"'tsa Itum;S alt , `.:1E-fls .,•rilans,. (ut:tnllt(t il1.. fill - _.,.. " FO by Y"'v - - lhDa. e Eat lx. Iki;:#.rY 425t11t .:vss�srs .:tab._.-u>a rN Ca ftnt PCI ^84 Bucknam has shown above the sample City of La Habra "My Roads" actively working!_ This tool will be accessed by City staff simply through a Username/Password methodology. As changes are made to the Huntington Beach Micro PAVER database the My Roads dataset is immediately changed to reflect work history edits, PCI inspections and section changes. 1-10 Project Understanding / Scope of Work x. 5) Optional Tasks n TASK 5.1: Pavement Meld& Software Training We will provide City staff with the quality, certified training and necessary skills needed to steward and maintain the PMP. This will include operation manuals for both field data collection and software use. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi-day training sessions covering segmentation management, reporting, and editing/updating the database. This is estimated to consist of a minimum of 10 hours of training. There is no minimum or maximum amount of people that can be trained under this methodology. Bucknam will provide training in the AG and PCC pavement field survey techniques. Engineering, Street Maintenance and GIS staff will have'a clear understanding of how the system is developed and data recorded. City staff will be versed in the proper procedures for field data collection, thereby ensuring the ability.of the City to repeat the pavement survdy on its own when the need arises. At the completion of the training, the City will be able to update each individual portions of the dataset as maintenance.and future inspection are completed.The training will include: o• General Micro PAVER use; ,;. Annual data entry needs, reporting requests and deterioration modeling; Annual budget projection reports—PCI report generation; *.� Update of maintenance costs,. strategy assignments, engineering data, and deterioration curves; interpretation and utilization of management reports); *:• Querying; managing and plotting from PMP.—GIS'mapping; Deliverable: Training materials used in workshops,field survey forms TASK 5.2: On-Call Services Pavement Management Program Support Annual update support will include the provision of24 months of PMP support upon completion of the project. Once the City has approved the Final PMP Report under this year's work effort (estimated early 2020), this service will become active. Our typical Annual Update services include: • assessment of existing PMP,work history data entry; • random pavement condition surveys; budget scenarios,general reporting,deterioration studies; pavement management—GIS mapping; Micro PAVER training,operational use; i� jnpi�lp w Project Understanding / Scope of Work 1% GIS_Enterprise assessment; management, implementation,support The agreement will include the provision of onsite and telephone support for the City staff. Annual Update services will begin in:early 2020 and will be completed in June 2022. Deliverable:PMP software training;field and internal technical support Proposed Fee Task Items 1 through 4 can be accomplished on a time and materials not to exceed basis in accordance with the standard hourly rate schedule attached. Our anticipated fee including labor and reimbursable expenses is projected to be$74,966 for a six-month period. Should the City desire to increase the service level above the hours outlined above for the Task items 1 through 4 or require other services not described herein, a fee adjustment would be negotiated and mutually agreed upon by both parties; We have included our fee schedule below for the City consideration. '-"Proiect Gis- Fieid `' Totai by Description _ Principal - Admm ,- .Manager i--Anaiyst ;±ethniciartls}° Task i2019/20Base Fee I $2951hr 5180/hri $1401hr $B$/h" $751hr Task 1 Pro ect lm ementation �. .. _�. P1.:...._ .. ...._ _. _. .. _ Taski_i !project Kickoff 2' ii _. - -___.._— Task1.2 ;Project Status meetings-{2uatsn,Controi Si 4 'w' 40 Task 2 Glienf Satisfaction __.__. .._........- - .......... _ --- - l Task21 (ProSectOetste;ablesv 6 6 __.__ i $i,92 Task 3 1Project Schedule -- __ ._. .._ ....... .,...... .,-.._..._. .... - Ta k3a Work Flow Project schedule t._- 2 2 _.�.....�r. ._._..... _..$1.16g ',. } . Task 4, i5ropeofwork Task A 4 1 Update Maintenance and Rehabilitation tiestivr _ 27 .2 -i6 I S2,048 Task 4,2 !Pavement Condition Surveydshic 0 f262 2 miles V'hnd i,_ 161 24 440i — $44.96 :MP AH Surey I168 miles). '. ' ....._. Local Survey Zone 3(27.3 mites}, __.. - ,.. Local seasons tinth 6 year mspec ton dates j66 9 mites} I Task 4.3 1Mainteoacne&t.IP J Budgetary Analysis 10 .m i ..., .._S}Ht50 _4_.__... . _._. -_.�_.. Task 4.4 IGomptiance Reports J Uty+,r+de CiP.Report 1� 32 4# 2! $6.765 .—..__._._....._1 _............. ..... ...._ - .. j.. .. .__ .— _....-,. Task d 5 #Mapping and GIS UPdate - ._.. __. _ ._:..._.. .__. .._ .. Task 4 6 �MBMYRoads Web Portal{pro-bono} - 34 i0 S61$80 3 IReimbu( able (mileage,printing project.materiai ) �, _._ $4 530 _ _, _ _ A91 deliverables n11 become property of the Cityof Huntington Beach j_ _m. . _ ._. —.— Wl Tacks are negotiable 7. - _ dTotal Nours per Staft - -- __2 7....i .. ..-. 7-----.532 ._.._... -2 12019/20 Total ease Fee ?$ sso;$ i 3 sso 1$ i0,780 $ 45,056 1$ 150'$74 966' i 1 10ptional Tasks Task5i iPem aveMFietd&.SoftwarrTrainsn , 10 _ 1 51,800 Tasks 2 106 Cail Services{AnnuaQ._. . —. „. __... T&M _ ....— i Addctio icesautsideofthiscontractwtllb nal services a negotiated with the City where we will use Standard Hourly;Rate Schedule shown here, -_.._ „ a E 1-12 EXHIBIT "B" Payment Schedule(Fixed Pee Payment) L CONSULTANT shall be entitled to monthly progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 2. Delivery of work product: A copy of every memorandum, letter, report, calculation and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate progress toward completion of tasks. In the event CITY rejects or has comments on any such product, CITY shall identify specific requirements for satisfactory completion. 3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment due. Such invoice shall: A) Reference this Agreement; B) Describe the services performed; C) Show the total amount of the payment due; D) Include a certification by a principal member of CONSULTANT's firm that the work has been performed in accordance with the provisions of this Agreement; and E) For all payments include an estimate of the percentage of work completed. Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall approve the invoice, in which event payment shall be made within thirty (34) days of receipt of the invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an invoice, CITY shall notify CONSULTANT in writing of the reasons for non-approval and the schedule of performance set forth in Exhibit "A" may at the option of CITY be suspended until the parties agree that past performance by CONSULTANT is in, or has been brought into compliance; or until this Agreement has expired or is terminated as provided herein. 4. Any billings for extra work or additional services authorized in advance and in writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the information required above, and in addition shall list the hours expended and hourly rate charged for such time. Such invoices shall be approved by CITY if the work performed is in accordance with the extra work or additional services requested, and if CITY is satisfied that the statement of hours worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any dispute between the parties concerting payment of such an invoice shall be treated as separate and apart from the ongoing performance of the remainder of this Agreement. Exhibit B PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM INFRASTRUCTURE GROUP, INC. FOR 2019-2020 PAVEMENT MANAGEMENT PROGRAM UPDATE Table of Contents 1 Scope of Services.....................................................................................................1 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......................................................................................... 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 Signatories.................................................................................................................10 28 Entirety......................................................................................................................10 29 Effective Date.................................................................................I I PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND BUCKNAM INFRASTRUCTURE GROUP,INC. FOR 2019-2020 PAVEMENT MANAGEMENT PROGRAM UPDATE THIS AGREEMENT ("Agreement") is made and entered into by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, andBucknam Infrastructure Group,Ine, a California Corporation hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to prepare the 2019-2020 Pavement Management Program Update • 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: 1. 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 Peter Bucknam who shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/surfnet/professional secs 50 to 100 12.07 1 of I 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 on , 20 (the "Commencement Date"). This Agreement shall automatically terminate three (3) years from the Commencement Date, unless extended or sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than from the Commencement Date. 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. In the event the Commencement Date precedes the Effective Date, CONSULTANT shall be bound by all terns and conditions as provided herein. 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," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed seventy-four thousand, nine-hundred sixty-six Dollars($ 74,966 ). 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/surfnei/professional sves 50lo 100 12-07 2 of 11 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." 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. S. 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 (or alleged 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. CONSULTANT will conduct all defense at its sole cost and expense and CITY shall approve selection of CONSULTANT's counsel. This indemnity shall agree/surfiiet/professional sves 50 to 100 12_07 3 of I I 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 without the express written consent of CITY; however an insurance policy "deductible" of Ten Thousand Dollars ($10,000.00) or less is permitted. 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 provision of at least two (2) years to report claims arising from work performed in connection with this Agreement. If CONSULTANT fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the CITY with required proof that agree/surfneUprofessional sves 50 to 100 12-07 4 of 11 insurance has been procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to forthwith terminate this Agreement. Such termination shall not effect Consultant's right to be paid for its time and materials expended prior to notification of tennination. CONSULTANT waives the right to receive compensation and agrees to indemnify the CITY for any work performed prior to approval of insurance by the CITY. 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. 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/surfnet/professional svcs 50 to 100 12-07 5 of I 1 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/surfita/professional secs 50 to 100 12_07 6 of 11 14. COPYRIGHTS/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 I 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: TO CONSULTANT: City of Huntington Beach Peter Buckman ATTN: Todd Broussard,Public Works 3548 Seagate Way 2000 Main Street Suite 230 Huntington Beach, CA 92648 Oceanside, CA 92056 agree/sur£nedpro£essionaf sves 50 to 100 12.07 7 of 11 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. Nothing contained herein shall be construed so as to require the commission of any act agree/surfoetlprofessional Svcs 50 to 100 12-07 8 of l I 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/surfnet/professional svcs 50 to 100 12-07 9 of 11 r S 24. ATTORNEY'S FEES 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 nonprevailing 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. SIGNATORIES Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully for any injuries or damages to CITY in the event that such authority or power is not, in fact,held by the signatory or is withdrawn. CONSULTANT's.Initials 28. 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 agree/surhiet/professional sves 50 to 100 12-07 10 of 1 I 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 supersede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. 29. EFFECTIVE DATE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized officers. This Agreement shall be effective on the date of its approval by the City Attorney. This Agreement shall expire when terminated as provided herein. CONSULTANT, CITY OF HUNTINGTON BEACH, a municipal corporation of the State of Bucknam Infrastructure Group, Inc. California COMPANY NAME By: City Administrator INITIATED AND APPROVED: Peter Bucknam print name ITS: (circle one)Chairman/Preside ice Presider Thomas Herbel,PE Public Works Director/Chief AND By: APPROVED AS TO FORM: print name ITS: (circle one)Secretary/Chief FinancialOfficer/Asst Secretary—Treasurer City Attorney Date agree/surfnet/professionak svcs 50 to 100 12_07 11 of I I i EXHIBIT "A" A. STATEMENT OF WORK: (Nan-ative of work to be performed) B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: I. 2. C. CITY'S DUTIES AND RESPONSIBILITIES: 1. 2. D. WORK PROGRAWPROJECT SCHEDULE: EXHIBIT A