Bucknam Infrastructure Group Inc - FY2019-011 CONTRACT SERVICES AGREEMENT
By and Between
CITY OF RANCHO PALOS VERDES
and
BUCKNAM INFRASTRUCTURE GROUP,INC.
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AGREEMENT FOR CONTRACT SERVICES
BETWEEN THE CITY OF RANCHO PALOS VERDES AND
BUCKNAM INFRASTRUCTURE GROUP,INC.
THIS AGREEMENT FOR CONTRACT SERVICES (herein "Agreement") is made and
entered into this 4th day of September 2018 by and between the City of Rancho Palos Verdes, a
California municipal corporation ("City") and Bucknam Infrastructure Group, Inc.,
("Consultant"). City and Consultant may be referred to, individually or collectively, as"Party"or
"Parties."
RECITALS
A. City has sought, by issuance of a Request for Proposals or Invitation for Bids, the
performance of the services defined and described particularly in Article 1 of this Agreement.
B. Consultant, following submission of a proposal or bid for the performance of the
services defined and described particularly in Article 1 of this Agreement, was selected by the
City to perform those services.
C. Pursuant to the City of Rancho Palos Verdes' Municipal Code, City has authority
to enter into and execute this Agreement.
D. The Parties desire to formalize the selection of Consultant for performance of
those services defined and described particularly in Article 1 of this Agreement and desire that
the terms of that performance be as particularly defined and described herein.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by
the Parties and contained herein and other consideration, the value and adequacy of which are
hereby acknowledged,the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, the Consultant shall
provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and
incorporated herein by this reference, which may be referred to herein as the "services" or
"work"hereunder. As a material inducement to the City entering into this Agreement, Consultant
represents and warrants that it has the qualifications, experience, and facilities necessary to
properly perform the services required under this Agreement in a thorough, competent, and
professional manner, and is experienced in performing the work and services contemplated
herein. Consultant shall at all times faithfully, competently and to the best of its ability,
experience and talent, perform all services described herein. Consultant covenants that it shall
follow the highest professional standards in performing the work and services required hereunder
and that all materials will be both of good quality as well as fit for the purpose intended. For
purposes of this Agreement, the phrase "highest professional standards" shall mean those
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standards of practice recognized by one or more first-class firms performing similar work under
similar circumstances.
1.2 Consultant's Proposal.
The Scope of Service shall include the Consultant's scope of work or bid which shall be
incorporated herein by this reference as though fully set forth herein. In the event of any
inconsistency between the terms of such proposal and this Agreement, the terms of this
Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder
in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any
Federal, State or local governmental entity having jurisdiction in effect at the time service is
rendered.
1.4 California Labor Law.
If the Scope of Services includes any "public work" or "maintenance work," as those
terms are defined in California Labor Code section 1720 et seq. and California Code of
Regulations, Title 8, Section 16000 et seq., and if the total compensation is $1,000 or more,
Consultant shall pay prevailing wages for such work and comply with the requirements in
California Labor Code section 1770 et seq. and 1810 et seq., and all other applicable laws,
including the following requirements:
(a) Public Work. The Parties acknowledge that some or all of the work to be
performed under this Agreement is a "public work" as defined in Labor Code Section 1720 and
that this Agreement is therefore subject to the requirements of Division 2, Part 7, Chapter 1
(commencing with Section 1720)of the California Labor Code relating to public works contracts
and the rules and regulations established by the Department of Industrial Relations ("DIR")
implementing such statutes. The work performed under this Agreement is subject to compliance
monitoring and enforcement by the DIR. Contractor shall post job site notices, as prescribed by
regulation.
(b) Prevailing Wages. Contractor shall pay prevailing wages to the extent
required by Labor Code Section 1771. Pursuant to Labor Code Section 1773.2, copies of the
prevailing rate of per diem wages are on file at City Hall and will be made available to any
interested party on request. By initiating any work under this Agreement, Contractor
acknowledges receipt of a copy of the Department of Industrial Relations (DIR) determination of
the prevailing rate of per diem wages, and Contractor shall post a copy of the same at each job
site where work is performed under this Agreement.
(c) Penalty for Failure to Pay Prevailing Wages. Contractor shall comply with
and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment
of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The
Contractor shall, as a penalty to the City, forfeit two hundred dollars ($200) for each calendar
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day, or portion thereof, for each worker paid less than the prevailing rates as determined by the
DIR for the work or craft in which the worker is employed for any public work done pursuant to
this Agreement by Contractor or by any subcontractor.
(d) Payroll Records. Contractor shall comply with and be bound by the
provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to:
keep accurate payroll records and verify such records in writing under penalty of perjury, as
specified in Section 1776; certify and make such payroll records available for inspection as
provided by Section 1776; and inform the City of the location of the records.
(e) Apprentices. Contractor shall comply with and be bound by the provisions
of Labor Code Sections 1777.5, 1777.6, and 1777.7 and California Code of Regulations Title 8,
Section 200 et seq. concerning the employment of apprentices on public works projects.
Contractor shall be responsible for compliance with these aforementioned Sections for all
apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall
provide City with a copy of the information submitted to any applicable apprenticeship program.
Within sixty(60) days after concluding work pursuant to this Agreement, Contractor and each of
its subcontractors shall submit to the City a verified statement of the journeyman and apprentice
hours performed under this Agreement.
(f) Eight-Hour Work Day. Contractor acknowledges that eight(8) hours labor
constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section
1810.
(g) Penalties for Excess Hours. Contractor shall comply with and be bound by
the provisions of Labor Code Section 1813 concerning penalties for workers who work excess
hours. The Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each
worker employed in the performance of this Agreement by the Contractor or by any
subcontractor for each calendar day during which such worker is required or permitted to work
more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week
in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code.
Pursuant to Labor Code section 1815, work performed by employees of Contractor in excess of
eight (8) hours per day, and forty (40) hours during any one week shall be permitted upon public
work upon compensation for all hours worked in excess of 8 hours per day at not less than one
and one-half(11/2)times the basic rate of pay.
(h) Workers' Compensation. California Labor Code Sections 1860 and 3700
provide that every employer will be required to secure the payment of compensation to its
employees if it has employees. In accordance with the provisions of California Labor Code
Section 1861, Contractor certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code which require
every employer to be insured against liability for workers' compensation or to
undertake self-insurance in accordance with the provisions of that code, and I will
comply with such provisions before commencing the performance of the work of
this contract."
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(22
Contractor's Authorized Initials c.
(i) Contractor's Responsibility for Subcontractors. For every subcontractor
who will perform work under this Agreement, Contractor shall be responsible for such
subcontractor's compliance with Division 2, Part 7, Chapter 1 (commencing with Section 1720)
of the California Labor Code, and shall make such compliance a requirement in any contract with
any subcontractor for work under this Agreement. Contractor shall be required to take all actions
necessary to enforce such contractual provisions and ensure subcontractor's compliance,
including without limitation, conducting a review of the certified payroll records of the
subcontractor on a periodic basis or upon becoming aware of the failure of the subcontractor to
pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take
corrective action to halt or rectify any such failure by any subcontractor.
1.5 Licenses,Permits,Fees and Assessments.
Consultant shall obtain at its sole cost and expense such licenses, permits and approvals
as may be required by law for the performance of the services required by this Agreement.
Consultant shall have the sole obligation to pay for any fees, assessments and taxes, plus
applicable penalties and interest, which may be imposed by law and arise from or are necessary
for the Consultant's performance of the services required by this Agreement, and shall
indemnify, defend and hold harmless City, its officers, employees or agents of City, against any
such fees, assessments, taxes, penalties or interest levied, assessed or imposed against City
hereunder.
1.6 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly
investigated and considered the scope of services to be performed, (ii) has carefully considered
how the services should be performed, and (iii) fully understands the facilities, difficulties and
restrictions attending performance of the services under this Agreement. If the services involve
work upon any site, Consultant warrants that Consultant has or will investigate the site and is or
will be fully acquainted with the conditions there existing, prior to commencement of services
hereunder. Should the Consultant discover any latent or unknown conditions, which will
materially affect the performance of the services hereunder, Consultant shall immediately inform
the City of such fact and shall not proceed except at Consultant's risk until written instructions
are received from the Contract Officer.
1.7 Care of Work.
The Consultant shall adopt reasonable methods during the life of the Agreement to
furnish continuous protection to the work, and the equipment, materials, papers, documents,
plans, studies and/or other components thereof to prevent losses or damages, and shall be
responsible for all such damages, to persons or property, until acceptance of the work by City,
except such losses or damages as may be caused by City's own negligence.
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1.8 Further Responsibilities of Parties.
Both parties agree to use reasonable care and diligence to perform their respective
obligations under this Agreement. Both parties agree to act in good faith to execute all
instruments, prepare all documents and take all actions as may be reasonably necessary to carry
out the purposes of this Agreement. Unless hereafter specified, neither party shall be responsible
for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without
invalidating this Agreement, to order extra work beyond that specified in the Scope of Services
or make changes by altering, adding to or deducting from said work.No such extra work may be
undertaken unless a written order is first given by the Contract Officer to the Consultant,
incorporating therein any adjustment in (i) the Contract Sum for the actual costs of the extra
work, and/or (ii) the time to perform this Agreement, which said adjustments are subject to the
written approval of the Consultant. Any increase in compensation of up to ten percent (10%) of
the Contract Sum or $25,000, whichever is less; or, in the time to perform of up to one hundred
eighty (180) days, may be approved by the Contract Officer. Any greater increases, taken either
separately or cumulatively, must be approved by the City Council. It is expressly understood by
Consultant that the provisions of this Section shall not apply to services specifically set forth in
the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to
be provided pursuant to the Scope of Services may be more costly or time consuming than
Consultant anticipates and that Consultant shall not be entitled to additional compensation
therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claims for an increase in the Contract Sum or time for performance shall be valid unless the
procedures established in this Section are followed.
1.10 Special Requirements.
Additional terms and conditions of this Agreement, if any, which are made a part hereof
are set forth in the "Special Requirements" attached hereto as Exhibit "B" and incorporated
herein by this reference. In the event of a conflict between the provisions of Exhibit "B" and any
other provisions of this Agreement,the provisions of Exhibit"B" shall govern.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT.
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the
amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and
incorporated herein by this reference. The total compensation, including reimbursement for
actual expenses, shall not exceed One Hundred Twenty Thousand Dollars ($120,000) (the
"Contract Sum"), unless additional compensation is approved pursuant to Section 1.9.
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2.2 Method of Compensation.
The method of compensation may include: (i) a lump sum payment upon completion; (ii)
payment in accordance with specified tasks or the percentage of completion of the services, less
contract retention; (iii) payment for time and materials based upon the Consultant's rates as
specified in the Schedule of Compensation, provided that (a) time estimates are provided for the
performance of sub tasks, (b) contract retention is maintained, and (c) the Contract Sum is not
exceeded; or(iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for
reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in
advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5,
and only if specified in the Schedule of Compensation. The Contract Sum shall include the
attendance of Consultant at all project meetings reasonably deemed necessary by the City.
Coordination of the performance of the work with City is a critical component of the services. If
Consultant is required to attend additional meetings to facilitate such coordination, Consultant
shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed
and expenses incurred during the preceding month in a form approved by City's Director of
Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying
compliance with all provisions of the Agreement. The invoice shall detail charges for all
necessary and actual expenses by the following categories: labor (by sub-category), travel,
materials, equipment, supplies, and sub-contractor contracts. Sub-contractor charges shall also be
detailed by such categories. Consultant shall not invoice City for any duplicate services
performed by more than one person.
City shall independently review each invoice submitted by the Consultant to determine
whether the work performed and expenses incurred are in compliance with the provisions of this
Agreement. Except as to any charges for work performed or expenses incurred by Consultant
which are disputed by City, or as provided in Section 7.3, City will use its best efforts to cause
Consultant to be paid within forty-five (45) days of receipt of Consultant's correct and
undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run
procedures, the City cannot guarantee that payment will occur within this time period. In the
event any charges or expenses are disputed by City,the original invoice shall be returned by City
to Consultant for correction and resubmission. Review and payment by City for any invoice
provided by the Consultant shall not constitute a waiver of any rights or remedies provided
herein or any applicable law.
2.5 Waiver.
Payment to Consultant for work performed pursuant to this Agreement shall not be
deemed to waive any defects in work performed by Consultant.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a
written notice to proceed and shall perform all services within the time period(s) established in
the "Schedule of Performance" attached hereto as Exhibit "D" and incorporated herein by this
reference. When requested by the Consultant, extensions to the time period(s) specified in the
Schedule of Performance may be approved in writing by the Contract Officer but not exceeding
one hundred eighty(180)days cumulatively.
3.3 Force Majeure.
The time period(s) specified in the Schedule of Performance for performance of the
services rendered pursuant to this Agreement shall be extended because of any delays due to
unforeseeable causes beyond the control and without the fault or negligence of the Consultant,
including, but not restricted to, acts of God or of the public enemy, unusually severe weather,
fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes,
wars, litigation, and/or acts of any governmental agency, including the City, if the Consultant
shall within ten (10) days of the commencement of such delay notify the Contract Officer in
writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of
delay, and extend the time for performing the services for the period of the enforced delay when
and if in the judgment of the Contract Officer such delay is justified. The Contract Officer's
determination shall be final and conclusive upon the parties to this Agreement. In no event shall
Consultant be entitled to recover damages against the City for any delay in the performance of
this Agreement, however caused, Consultant's sole remedy being extension of the Agreement
pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement
shall continue in full force and effect until completion of the services but not exceeding three
(3) years from the date hereof, except as otherwise provided in the Schedule of Performance
(Exhibit "D"). The City may, in its sole discretion, extend the Term for one additional one-year
term.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant ("Principals") are hereby designated as being the
principals and representatives of Consultant authorized to act in its behalf with respect to the
work specified herein and make all decisions in connection therewith:
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Steve Bucknam Principal-In-Charge
(Name) (Title)
Peter J.Bucknam President
(Name) (Title)
It is expressly understood that the experience, knowledge, capability and reputation of the
foregoing principals were a substantial inducement for City to enter into this Agreement.
Therefore, the foregoing principals shall be responsible during the term of this Agreement for
directing all activities of Consultant and devoting sufficient time to personally supervise the
services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be
under the exclusive direction and control of the Principals. For purposes of this Agreement, the
foregoing Principals may not be replaced nor may their responsibilities be substantially reduced
by Consultant without the express written approval of City. Additionally, Consultant shall utilize
only competent personnel to perform services pursuant to this Agreement. Consultant shall make
every reasonable effort to maintain the stability and continuity of Consultant's staff and
subcontractors, if any, assigned to perform the services required under this Agreement.
Consultant shall notify City of any changes in Consultant's staff and subcontractors, if any,
assigned to perform the services required under this Agreement, prior to and during any such
performance.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation,
debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless
such authority is expressly conferred under this Agreement or is otherwise expressly conferred in
writing by City. Consultant shall not at any time or in any manner represent that Consultant or
any of Consultant's officers, employees, or agents are in any manner officials, officers,
employees or agents of City. Neither Consultant, nor any of Consultant's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to City's employees. Consultant expressly waives any claim Consultant may
have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be such person as may be designated by the City Manager. It
shall be the Consultant's responsibility to assure that the Contract Officer is kept informed of the
progress of the performance of the services and the Consultant shall refer any decisions which
must be made by City to the Contract Officer. Unless otherwise specified herein, any approval of
City required hereunder shall mean the approval of the Contract Officer. The Contract Officer
shall have authority, if specified in writing by the City Manager, to sign all documents on behalf
of the City required hereunder to carry out the terms of this Agreement.
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4.4 Independent Consultant.
Neither the City nor any of its employees shall have any control over the manner,mode or
means by which Consultant, its agents or employees,perform the services required herein,except
as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or
control of Consultant's employees, servants, representatives or agents, or in fixing their number,
compensation or hours of service. Consultant shall perform all services required herein as an
independent contractor of City and shall remain at all times as to City a wholly independent
contractor with only such obligations as are consistent with that role. Consultant shall not at any
time or in any manner represent that it or any of its agents or employees are agents or employees
of City. City shall not in any way or for any purpose become or be deemed to be a partner of
Consultant in its business or otherwise or a joint venturer or a member of any joint enterprise
with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability and reputation of Consultant, its principals and
employees were a substantial inducement for the City to enter into this Agreement. Therefore,
Consultant shall not contract with any other entity to perform in whole or in part the services
required hereunder without the express written approval of the City. In addition, neither this
Agreement nor any interest herein may be transferred, assigned, conveyed, hypothecated or
encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise,
without the prior written approval of City. Transfers restricted hereunder shall include the
transfer to any person or group of persons acting in concert of more than twenty five percent
(25%) of the present ownership and/or control of Consultant, taking all transfers into account on
a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy
proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or
any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE AND INDEMNIFICATION
5.1 Insurance Coverages.
Without limiting Consultant's indemnification of City, and prior to commencement of
any services under this Agreement, Consultant shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and amounts
described below and in a form satisfactory to City.
(a) General liability insurance. Consultant shall maintain commercial general
liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in
an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily
injury, personal injury, and property damage. The policy must include contractual liability that
has not been amended. Any endorsement restricting standard ISO "insured contract" language
will not be accepted.
(b) Automobile liability insurance. Consultant shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury
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and property damage for all activities of the Consultant arising out of or in connection with
Services to be performed under this Agreement, including coverage for any owned, hired, non-
owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each
accident.
(c) Professional liability (errors & omissions) insurance. Consultant shall
maintain professional liability insurance that covers the Services to be performed in connection
with this Agreement, in the minimum amount of$1,000,000 per claim and in the aggregate. Any
policy inception date, continuity date, or retroactive date must be before the effective date of this
Agreement and Consultant agrees to maintain continuous coverage through a period no less than
three(3)years after completion of the services required by this Agreement.
(d) Workers' compensation insurance. Consultant shall maintain Workers'
Compensation Insurance (Statutory Limits) and Employer's Liability Insurance (with limits of at
least$1,000,000).
(e) Subcontractors. Consultant shall include all subcontractors as insureds
under its policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall include all of the requirements stated
herein.
(0 Additional Insurance. Policies of such other insurance, as may be required
in the Special Requirements in Exhibit"B".
5.2 General Insurance Requirements.
(a) Proof of insurance. Consultant shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a waiver of subrogation
endorsement for workers' compensation. Insurance certificates and endorsements must be
approved by City's Risk Manager prior to commencement of performance. Current certification
of insurance shall be kept on file with City at all times during the term of this Agreement. City
reserves the right to require complete, certified copies of all required insurance policies, at any
time.
(b) Duration of coverage. Consultant shall procure and maintain for the
duration of this Agreement insurance against claims for injuries to persons or damages to
property, which may arise from or in connection with the performance of the Services hereunder
by Consultant, its agents, representatives,employees or subconsultants.
(c) Primary/noncontributing. Coverage provided by Consultant shall be
primary and any insurance or self-insurance procured or maintained by City shall not be required
to contribute with it. The limits of insurance required herein may be satisfied by a combination of
primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be
endorsed to contain a provision that such coverage shall also apply on a primary and non-
contributory basis for the benefit of City before the City's own insurance or self-insurance shall
be called upon to protect it as a named insured.
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(d) City's rights of enforcement. In the event any policy of insurance required
under this Agreement does not comply with these specifications or is canceled and not replaced,
City has the right but not the duty to obtain the insurance it deems necessary and any premium
paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient
to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(e) Acceptable insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact business of insurance
or that is on the List of Approved Surplus Line Insurers in the State of California, with an
assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VI (or larger)
in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by
the City's Risk Manager.
(f) Waiver of subrogation. All insurance coverage maintained or procured
pursuant to this agreement shall be endorsed to waive subrogation against City, its elected or
appointed officers, agents, officials, employees and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each of
its subconsultants.
(g) Enforcement of contract provisions (non-estoppel). Consultant
acknowledges and agrees that any actual or alleged failure on the part of the City to inform
Consultant of non-compliance with any requirement imposes no additional obligations on the
City nor does it waive any rights hereunder.
(h) Requirements not limiting. Requirements of specific coverage features or
limits contained in this section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific
reference to a given coverage feature is for purposes of clarification only as it pertains to a given
issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for the higher limits maintained
by the Consultant.Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
(i) Notice of cancellation. Consultant agrees to oblige its insurance agent or
broker and insurers to provide to City with a thirty (30) day notice of cancellation (except for
nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each
required coverage.
(j) Additional insured status. General liability policies shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents, and volunteers
shall be additional insureds under such policies. This provision shall also apply to any
excess/umbrella liability policies.
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(k) Prohibition of undisclosed coverage limitations. None of the coverages
required herein will be in compliance with these requirements if they include any limiting
endorsement of any kind that has not been first submitted to City and approved of in writing.
(1) Separation of insureds. A severability of interests provision must apply for
all additional insureds ensuring that Consultant's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the insurer's limits of
liability. The policy(ies) shall not contain any cross-liability exclusions.
(m) Pass through clause. Consultant agrees to ensure that its subconsultants,
subcontractors, and any other party involved with the project who is brought onto or involved in
the project by Consultant, provide the same minimum insurance coverage and endorsements
required of Consultant. Consultant agrees to monitor and review all such coverage and assumes
all responsibility for ensuring that such coverage is provided in conformity with the requirements
of this section. Consultant agrees that upon request, all agreements with consultants,
subcontractors, and others engaged in the project will be submitted to City for review.
(n) Agency's right to revise specifications. The City reserves the right at any
time during the term of the contract to change the amounts and types of insurance required by
giving the Consultant ninety (90) days advance written notice of such change. If such change
results in substantial additional cost to the Consultant, the City and Consultant may renegotiate
Consultant's compensation.
(o) Self-insured retentions. Any self-insured retentions must be declared to
and approved by City. City reserves the right to require that self-insured retentions be eliminated,
lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these
specifications unless approved by City.
(p) Timely notice of claims. Consultant shall give City prompt and timely
notice of claims made or suits instituted that arise out of or result from Consultant's performance
under this Agreement, and that involve or may involve coverage under any of the required
liability policies.
(q) Additional insurance. Consultant shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own judgment may be
necessary for its proper protection and prosecution of the work.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend and hold
harmless the City, its officers, employees and agents ("Indemnified Parties") against, and will
hold and save them and each of them harmless from, any and all actions, either judicial,
administrative, arbitration or regulatory claims, damages to persons or property, losses, costs,
penalties, obligations, errors, omissions or liabilities whether actual or threatened(herein"claims
or liabilities") that may be asserted or claimed by any person, firm or entity arising out of or in
connection with the negligent performance of the work, operations or activities provided herein
of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or
01203.0006/487395.2 12
entity for which Consultant is legally liable ("indemnitors"), or arising from Consultant's or
indemnitors' reckless or willful misconduct, or arising from Consultant's or indemnitors'
negligent performance of or failure to perform any term, provision, covenant or condition of this
Agreement,and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any
of said claims or liabilities and will pay all costs and expenses, including legal costs and
attorneys' fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its
officers, agents or employees for any such claims or liabilities arising out of or in connection
with the negligent performance of or failure to perform such work, operations or activities of
Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and
employees harmless therefrom;
(c) In the event the City, its officers, agents or employees is made a party to
any action or proceeding filed or prosecuted against Consultant for such damages or other claims
arising out of or in connection with the negligent performance of or failure to perform the work,
operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers,
agents or employees, any and all costs and expenses incurred by the City, its officers, agents or
employees in such action or proceeding, including but not limited to, legal costs and attorneys'
fees.
Consultant shall incorporate similar indemnity agreements with its subcontractors and if
it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and
failure of City to monitor compliance with these provisions shall not be a waiver hereof. This
indemnification includes claims or liabilities arising from any negligent or wrongful act, error or
omission, or reckless or willful misconduct of Consultant in the performance of professional
services hereunder. The provisions of this Section do not apply to claims or liabilities occurring
as a result of City's sole negligence or willful acts or omissions, but, to the fullest extent
permitted by law, shall apply to claims and liabilities resulting in part from City's negligence,
except that design professionals' indemnity hereunder shall be limited to claims and liabilities
arising out of the negligence, recklessness or willful misconduct of the design professional. The
indemnity obligation shall be binding on successors and assigns of Consultant and shall survive
termination of this Agreement.
ARTICLE 6. RECORDS,REPORTS,AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers, books of
accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the
disbursements charged to City and services performed hereunder (the "books and records"), as
shall be necessary to perform the services required by this Agreement and enable the Contract
Officer to evaluate the performance of such services. Any and all such documents shall be
maintained in accordance with generally accepted accounting principles and shall be complete
and detailed. The Contract Officer shall have full and free access to such books and records at all
times during normal business hours of City, including the right to inspect, copy, audit and make
01203.0006/487395.2 13
records and transcripts from such records. Such records shall be maintained for a period of three
(3) years following completion of the services hereunder, and the City shall have access to such
records in the event any audit is required. In the event of dissolution of Consultant's business,
custody of the books and records may be given to City, and access shall be provided by
Consultant's successor in interest. Notwithstanding the above, the Consultant shall fully
cooperate with the City in providing access to the books and records if a public records request is
made and disclosure is required by law including but not limited to the California Public Records
Act.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the services required by this Agreement as the Contract Officer
shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of
work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees
that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or
will materially increase or decrease the cost of the work or services contemplated herein or, if
Consultant is providing design services, the cost of the project being designed, Consultant shall
promptly notify the Contract Officer of said fact, circumstance, technique or event and the
estimated increased or decreased cost related thereto and, if Consultant is providing design
services,the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes,
computer files, reports, records, documents and other materials (the "documents and materials")
prepared by Consultant, its employees, subcontractors and agents in the performance of this
Agreement shall be the property of City and shall be delivered to City upon request of the
Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim
for further employment or additional compensation as a result of the exercise by City of its full
rights of ownership use,reuse, or assignment of the documents and materials hereunder.Any use,
reuse or assignment of such completed documents for other projects and/or use of uncompleted
documents without specific written authorization by the Consultant will be at the City's sole risk
and without liability to Consultant, and Consultant's guarantee and warranties shall not extend to
such use, reuse or assignment. Consultant may retain copies of such documents for its own use.
Consultant shall have the right to use the concepts embodied therein. All subcontractors shall
provide for assignment to City of any documents or materials prepared by them, and in the event
Consultant fails to secure such assignment, Consultant shall indemnify City for all damages
resulting therefrom. Moreover, Consultant with respect to any documents and materials that may
qualify as "works made for hire" as defined in 17 U.S.C. § 101, such documents and materials
are hereby deemed"works made for hire"for the City.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in
performance of this Agreement shall be considered confidential, unless such information is in the
public domain or already known to Consultant. Consultant shall not release or disclose any such
01203.0006/487395.2 14
information or work product to persons or entities other than City without prior written
authorization from the Contract Officer.
(b) Consultant, its officers, employees, agents or subcontractors, shall not,
without prior written authorization from the Contract Officer or unless requested by the City
Attorney, voluntarily provide documents, declarations, letters of support, testimony at
depositions, response to interrogatories or other information concerning the work performed
under this Agreement. Response to a subpoena or court order shall not be considered"voluntary"
provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of
Consultant, provides any information or work product in violation of this Agreement, then City
shall have the right to reimbursement and indemnity from Consultant for any damages, costs and
fees, including attorney's fees, caused by or incurred as a result of Consultant's conduct.
(d) Consultant shall promptly notify City should Consultant, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena, notice
of deposition, request for documents, interrogatories, request for admissions or other discovery
request, court order or subpoena from any party regarding this Agreement and the work
performed there under. City retains the right, but has no obligation,to represent Consultant or be
present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully
with City and to provide City with the opportunity to review any response to discovery requests
provided by Consultant. However,this right to review any such response does not imply or mean
the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed and governed both as to validity and to
performance of the parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Los Angeles, State of California, or any other
appropriate court in such county, and Consultant covenants and agrees to submit to the personal
jurisdiction of such court in the event of such action. In the event of litigation in a U.S. District
Court, venue shall lie exclusively in the Central District of California, in the County of Los
Angeles, State of California.
7.2 Disputes;Default.
In the event that Consultant is in default under the terms of this Agreement,the City shall
not have any obligation or duty to continue compensating Consultant for any work performed
after the date of default. Instead, the City may give notice to Consultant of the default and the
reasons for the default. The notice shall include the timeframe in which Consultant may cure the
default. This timeframe is presumptively thirty (30) days, but may be extended, though not
reduced, if circumstances warrant. During the period of time that Consultant is in default, the
City shall hold all invoices and shall, when the default is cured, proceed with payment on the
01203.0006/487395.2 15
invoices. In the alternative, the City may, in its sole discretion, elect to pay some or all of the
outstanding invoices during the period of default. If Consultant does not cure the default,the City
may take necessary steps to terminate this Agreement under this Article. Any failure on the part
of the City to give notice of the Consultant's default shall not be deemed to result in a waiver of
the City's legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant
(whether or not arising out of this Agreement) (i) any amounts the payment of which may be in
dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or
damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by
reason of Consultant's acts or omissions in performing or failing to perform Consultant's
obligation under this Agreement. In the event that any claim is made by a third party,the amount
or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear
to be the basis for a claim of lien, City may withhold from any payment due, without liability for
interest because of such withholding, an amount sufficient to cover such claim. The failure of
City to exercise such right to deduct or to withhold shall not, however, affect the obligations of
the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any party to this Agreement of any term, condition, or covenant of this
Agreement shall not constitute a waiver of any other term,condition, or covenant. Waiver by any
party of any breach of the provisions of this Agreement shall not constitute a waiver of any other
provision or a waiver of any subsequent breach or violation of any provision of this Agreement.
Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of
the provisions of this Agreement.No delay or omission in the exercise of any right or remedy by
a non-defaulting party on any default shall impair such right or remedy or be construed as a
waiver. Any waiver by either party of any default must be in writing and shall not be a waiver of
any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this
Agreement, the rights and remedies of the parties are cumulative and the exercise by either party
of one or more of such rights or remedies shall not preclude the exercise by it, at the same or
different times, of any other rights or remedies for the same default or any other default by the
other party.
7.6 Legal Action.
In addition to any other rights or remedies, either party may take legal action, in law or in
equity, to cure, correct or remedy any default, to recover damages for any default, to compel
specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain
any other remedy consistent with the purposes of this Agreement. Notwithstanding any contrary
01203.0006/487395.2 16
provision herein, Consultant shall file a statutory claim pursuant to Government Code Sections
905 et seq. and 910 et seq., in order to pursue a legal action under this Agreement.
7.7 Liquidated Damages.
Since the determination of actual damages for any delay in performance of this
Agreement would be extremely difficult or impractical to determine in the event of a breach of
this Agreement, the Contractor and its sureties shall be liable for and shall pay to the City the
sum of ($ ) as liquidated damages for
each working day of delay in the performance of any service required hereunder. The City may
withhold from any monies payable on account of services performed by the Contractor any
accrued liquidated damages.
7.8 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided
in the following Section for termination for cause. The City reserves the right to terminate this
Contract at any time, with or without cause, upon thirty (30) days' written notice to Consultant,
except that where termination is due to the fault of the Consultant, the period of notice may be
such shorter time as may be determined by the Contract Officer. In addition, the Consultant
reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60)
days' written notice to City, except that where termination is due to the fault of the City, the
period of notice may be such shorter time as the Consultant may determine. Upon receipt of any
notice of termination, Consultant shall immediately cease all services hereunder except such as
may be specifically approved by the Contract Officer. Except where the Consultant has initiated
termination,the Consultant shall be entitled to compensation for all services rendered prior to the
effective date of the notice of termination and for any services authorized by the Contract Officer
thereafter in accordance with the Schedule of Compensation or such as may be approved by the
Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated
termination, the Consultant shall be entitled to compensation only for the reasonable value of the
work product actually produced hereunder. In the event of termination without cause pursuant to
this Section, the terminating party need not provide the non-terminating party with the
opportunity to cure pursuant to Section 7.2.
7.9 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 7.2, take over the work
and prosecute the same to completion by contract or otherwise, and the Consultant shall be liable
to the extent that the total cost for completion of the services required hereunder exceeds the
compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate
such damages), and City may withhold any payments to the Consultant for the purpose of set-off
or partial payment of the amounts owed the City as previously stated.
01203.0006/487395.2 17
7.10 Attorneys' Fees.
If either party to this Agreement is required to initiate or defend or made a party to any
action or proceeding in any way connected with this Agreement, the prevailing party in such
action or proceeding, in addition to any other relief which may be granted, whether legal or
equitable, shall be entitled to reasonable attorney's fees. Attorney's fees shall include attorney's
fees on any appeal, and in addition a party entitled to attorney's fees shall be entitled to all other
reasonable costs for investigating such action, taking depositions and discovery and all other
necessary costs the court allows which are incurred in such litigation. All such fees shall be
deemed to have accrued on commencement of such action and shall be enforceable whether or
not such action is prosecuted to judgment.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any
successor in interest, in the event of any default or breach by the City or for any amount which
may become due to the Consultant or to its successor, or for breach of any obligation of the terms
of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall
acquire any interest, directly or indirectly, which would conflict in any manner with the interests
of City or which would in any way hinder Consultant's performance of services under this
Agreement. Consultant further covenants that in the performance of this Agreement, no person
having any such interest shall be employed by it as an officer, employee, agent or subcontractor
without the express written consent of the Contract Officer. Consultant agrees to at all times
avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City
in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in
this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which affects her/his financial interest or the financial interest of any corporation,
partnership or association in which (s)he is, directly or indirectly, interested, in violation of any
State statute or regulation. The Consultant warrants that it has not paid or given and will not pay
or give any third party any money or other consideration for obtaining this Agreement.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons
claiming under or through them, that there shall be no discrimination against or segregation of,
any person or group of persons on account of race, color, creed, religion, sex, gender, sexual
orientation, marital status, national origin, ancestry or other protected class in the performance of
this Agreement. Consultant shall take affirmative action to insure that applicants are employed
and that employees are treated during employment without regard to their race, color, creed,
01203.0006/487395.2 18
religion, sex, gender, sexual orientation, marital status, national origin, ancestry or other
protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal
Immigration and Nationality Act, 8 U.S.C. § 1101 et seq., as amended, and in connection
therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ
such unauthorized aliens for the performance of work and/or services covered by this Agreement,
and should any liability or sanctions be imposed against City for such use of unauthorized aliens,
Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or
sanctions imposed,together with any and all costs, including attorneys' fees, incurred by City.
ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Notices.
Any notice, demand, request, document, consent, approval, or communication either party
desires or is required to give to the other party or any other person shall be in writing and either
served personally or sent by prepaid, first-class mail, in the case of the City,to the City Manager
and to the attention of the Contract Officer (with her/his name and City title), City of Rancho
Palos Verdes, 30940 Hawthorne Blvd.,Rancho Palos Verdes, California 90275 and in the case of
the Consultant, to the person(s) at the address designated on the execution page of this
Agreement. Either party may change its address by notifying the other party of the change of
address in writing. Notice shall be deemed communicated at the time personally delivered or in
seventy-two (72)hours from the time of mailing if mailed as provided in this Section.
9.2 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the
language used and shall not be construed for or against either party by reason of the authorship of
this Agreement or any other rule of construction which might otherwise apply.
9.3 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an
original, and such counterparts shall constitute one and the same instrument.
9.4 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive
expression of the understanding of the parties. It is understood that there are no oral agreements
between the parties hereto affecting this Agreement and this Agreement supersedes and cancels
any and all previous negotiations, arrangements, agreements and understandings, if any, between
the parties, and none shall be used to interpret this Agreement.No amendment to or modification
of this Agreement shall be valid unless made in writing and approved by the Consultant and by
the City Council. The parties agree that this requirement for written modifications cannot be
waived and that any attempted waiver shall be void.
01203.0006/487395.2 19
9.5 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or
sections contained in this Agreement shall be declared invalid or unenforceable by a valid
judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall
not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement which are hereby declared as severable and shall be interpreted to carry out the intent
of the parties hereunder unless the invalid provision is so material that its invalidity deprives
either party of the basic benefit of their bargain or renders this Agreement meaningless.
9.6 Warranty&Representation of Non-Collusion.
No official, officer, or employee of City has any financial interest, direct or indirect, in
this Agreement, nor shall any official, officer, or employee of City participate in any decision
relating to this Agreement which may affect his/her financial interest or the financial interest of
any corporation, partnership, or association in which (s)he is directly or indirectly interested, or
in violation of any corporation, partnership, or association in which (s)he is directly or indirectly
interested, or in violation of any State or municipal statute or regulation. The determination of
"financial interest" shall be consistent with State law and shall not include interests found to be
"remote" or "noninterests" pursuant to Government Code Sections 1091 or 1091.5. Consultant
warrants and represents that it has not paid or given, and will not pay or give, to any third party
including, but not limited to, any City official, officer, or employee, any money, consideration, or
other thing of value as a result or consequence of obtaining or being awarded any agreement.
Consultant further warrants and represents that (s)he/it has not engaged in any act(s),
omission(s), or other conduct or collusion that would result in the payment of any money,
consideration, or other thing of value to any third party including, but not limited to, any City
official, officer, or employee, as a result of consequence of obtaining or being awarded any
agreement. Consultant is aware of and understands that any such act(s), omission(s) or other
conduct resulting in such payment of money, consideration, or other thing of value will render
this Agreement void and of no force or effect.
Consultant's Authorized Initials ? (17
9.7 Corporate Authority.
The persons executing this Agreement on behalf of the parties hereto warrant that(i) such
party is duly organized and existing, (ii) they are duly authorized to execute and deliver this
Agreement on behalf of said party, (iii) by so executing this Agreement, such party is formally
bound to the provisions of this Agreement, and (iv) that entering into this Agreement does not
violate any provision of any other Agreement to which said party is bound. This Agreement shall
be binding upon the heirs, executors, administrators, successors and assigns of the parties.
[SIGNATURES ON FOLLOWING PAGE]
01203.0006/487395.2 20
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first-above written.
CITY:
CITY OF RANCHO PALOS VERDES,a
municipal corporation
ayor
AT S :
f Iii_
APPROVED AS TO FORM:
ALESHIRE&WYNDER,LLP
• l/V
City Attorne
CONSULTANT:
BUCKNAM INFRASTRUCTURE GROUP,
INC.
By:
Name: P r J. Bucknam —18
Title: Pres dent
By:
Name: ev-- f3:1C
Title: G'nA—Gt
Address:
3548 Seagate Way, Suite 230
Oceanside, CA 92056
Two corporate officer signatures required when Consultant is a corporation, with one signature required
from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2)
Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S
SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE
INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR
OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY.
01203.0006/487395.2 21
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the
document to which this certificate is attached,and not the truthfulness,accuracy or validity of that document.
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO i214t--1L
On SP/• O., 2018 before me,elff'� , personally appeared(Ptah f ` f- , proved to me on
the basis of satisfactory evidence to be the person(.)whose names(s)is/aisubscribed to the within instrument and
acknowledged to me that heJslle4t?'iey executed the same in hist/fir authorized capacity(ie ), and that by
his/b/tl it signature(g) on the instrument the person(), or the entity upon behalf of which the person.(s) acted,
executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is
true and correct.
EVELYN M.GILES
WITNESS my hand and official seal. < ;',*-.. Notary Public-California
- .. San Diego County--7
Commission#2235277
Signature: .'�7� ��'°.� My Comm.Expires Apr i 7,2022
OPTIONAL
Th• gh the data below is not required by law, it may prove valuable to persons relying on the document and could
preve fraudulent reattachment of this form.
'ACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
❑ IND s DUAL
❑
CORPO •TE OFFICER
TITLE OR TYPE OF DOCUMENT
TITLE(S)
❑ PARTNER(S) ■ LIMITED
❑ GENERAL NUMBER OF PAGES
❑ ATTORNEY-IN-FA
❑ TRUSTEE(S)
❑ GUARDIAN/CONSERV• OR
❑ OTHER DATE OF DOCUMENT
SIGNER IS REPRESENTING:
(NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE
01203.0006/487395.2
EXHIBIT "A"
SCOPE OF SERVICES
I. Consultant will perform the following services:
A. Project Kickoff to further discuss and review in detail the expectations of the project,
technical approach, section ID/GIS management& surveys, district/quadrant
maintenance, software upgrades&use, deliverables within the scope of work and the
review of schedule. The first key topics to be discussed will include the review and
assessment of the existing MicroPAVER pavement plan/data; its current and future use,
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.
B. Project Status Meetings will include a minimum of four meetings during the project
(kickoff, field, and status meetings—30%, 65%and 100%), Field review meetings, and
Monthly progress status reports will be delivered to City project manager.
C. PMP Quality Control(QC)to measure the quality of field technician's work. 10
percent(15 miles out of 149 miles) of the original surveys will be re-surveyed by an
independent survey crew, supervised by a field supervisor,and the results will be
compared to the original surveys. Quality control checks will be performed at the end of
each survey week. Consultant will perform several quality control tests within the
pavement management software using a sample set of the City of RPV's street distress
data. Field surveys will follow the accepted ASTM D6433-16 walking requirements. A
copy of the QA/QC plan during the project will be submitted along with the PMP
certification documents. Lead Engineer will supervise all operations,review all
completed data and prepare and sign a final report incorporating the results of our
pavement evaluation and conditions. Consultant will provide engineered
recommendations for pavement rehabilitation and replacement based upon field data and
analysis.
D. Project Deliverables will include frequent communication with the Project Manager and
key staff members from the Engineering and Public Services departments. Project
Manager will follow: Adherence to scope tasks and deliverables,Performing to the
standard set by the Project Schedule, and Controlling costs,throughout
the duration of the project
01203.0006/487395.2 A-1
E. Work Flow/Project Schedule will be created with a completed survey to establish a
PMP that provides specific,manageable pavement segments, detailed maintenance
schedules of needed repairs and cost conscious maintenance recommendations that will
assist in preparing budget estimates required to complete the scheduled work for fiscal
year 2018-19 and beyond.
F. PMP Assessment/PMP Preliminary Investigations: The City will proved the most
recent GIS data, shapefiles and existing PMS data which will serve as the initial dataset to
verify and/or update essential PMP and Sidewalk data. Consultant will assess:
• City's current RPV 1-11-17.e70 MicroPAVER database;
• Relevant work history data which has occurred since 2016;
• GIS files related to the PMP and Sidewalk networks; and
• Street and Right-of-Way(Sidewalk)Record drawings.
The City will provide Consultant a complete listing of all major work (overlay, slurry,
etc.) in order to update specific section work histories and PCI ratings. Consultant will
review all maintenance and rehabilitation projects completed and/or scheduled by the
City since the last update in 2016; this will include work history updates on arterial,
locals and alleys(this includes original construction dates for all sections).
Consultant will enter the necessary work history updates as mentioned above (i.e. data
entry of maintenance /rehabilitation activities) into your MicroPAVER software. Once
the project is completed, Consultant will upload the necessary PMP database files at the
City.
G. Pavement Inspection Surveys will be performed once the pavement segmentation has
been assessed and verified, the necessary inspections. It is the City's desire to survey all
pavement sections this fiscal year. Survey methodology will include one of the following
approaches based on the ASTM D6433-16 guidelines:
1. Walking - All sections are surveyed through walking methodologies. Distress types
will be collected based upon actual surface conditions and physical characteristics of
the segment. Sample locations, distress types, extents and severities 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 sampling guidelines while being flexible to current City practices. Live GIS files
will be used to enhance field survey locations, data access and quality control
measures.
All sample locations are observed through walking surveys; additional unique
conditional factors such as unique distress areas found outside our sample areas will
be recorded.
• The inspection of approximately 149 miles of Arterial, Local and Alley streets
will be performed;
• On an annual basis, recent slurry seal and overlay maintenance will reduce the
amount of necessary survey, Consultant will coordinate mileage reduction with
City prior to survey.
01203.0006/487395.2 A-2
2. Automated Digital Roadway Imaging survey will establish all inspection sample
locations for survey based on ASTM D6433 guidelines; this effort replaces the
walking field operations; all pavement condition inspections are then completed in-
house through our automated processes. Surveys are quality controlled with field
operations.
Walking surveys based on the functional classification of the roadway and the street
conditions found. Consultant will use the City's GIS centerline/PMP layer live in
the field to reduce survey times and project schedules. If the City has a recent high-
resolution aerial (approx. 3") Consultant will use this file during our field survey
efforts to verify street measurements and other segment attributes.
Our use of MicroPAVER Tablet units allows our staff to collect pavement data with
the City of RPV's PMP database live in the field.At the end of the day all electronic
data is transferred to Consultant's office for quality control and management.
H.Roadway Verification Survey will include:
1. Field Attribute Data(updated and/or verified)
• From/to, indicating the assigned limits of the section, sample test areas, street
name, a street codification (i.e.truck route, school zone,maintenance district)
• Street ranking indicating local, alley, arterial,collector,#of lanes, surface type
• Street segmentation implemented continuously from west to east and south to
north
• Historical PCI tracking from previous 2016 inspections and 2018 PCI
inspections
• Segment quantities, indicating the length, width, and total true area of the
section
• Sidewalk and Curb and Gutter displacements(See Task 4.3)
• ADA Required Ramp Locations (See Task 4.3)
• Structural sections (if available from previous reports or City documents)
2. Conditional data will be evaluated for all street segments and will include:
• 20 AC & 19 PCC distresses by type, severity and sample area
• PCI ratings(0-100),taking into account the surface condition, level of distress
• Drainage Condition Rating(standing water, etc.)
• Traffic volumes (ADT, if available)
Any changes in street segment, Consultant will notify the City Project Manager and gain
approval for such changes before any modifications are made. Staff members from the
City of RPV to join the surveys. Under the use of MicroPAVER all pavement data will be
entered into the Consultant's most current licensed software. All items listed above will
be maintained by Consultant staff for the duration of this project. Data management will
be performed in-house. At the completion of the project, the PMP database will be placed
within the City's internal Public Works network.
I. Section Distress and PCI Reporting will generate a draft Pavement Condition Index
(PCI) Report for City staff to review. The City and Consultant staff will review these
01203.0006/487395.2 A-3
reports to ensure that all inventory data is correct and the project is running smoothly.
Submittals will include:
PCI Variance report comparing 2013 PCI's to 2016 PCI's (will be performed annually)
1. Street centerline miles, lane miles, and pavement area
a. Reported as an entire network
b. Reported by functional classification(arterial, collector, local, alley)
2. Current street network Pavement Condition Index ratings
a. Report as an entire network
b. Reported by functional classification(arterial, collector, local, alley)
3. Pavement segment tabular listing for the entire street network
a. PCI Report—sorted by PCI(worst to best)
b. PCI Report—sorted alphabetically
4. Creation of pavement performance curves and definitions for maintenance
strategies, decision tree models and pavement life-cycle analysis
5. PCI report will be signed and sealed by our registered engineer
J. Sidewalk / Curb & Gutter Location Surveys update, verify and/or locate new
sidewalk distresses throughout the City's public street network with an established
2016-17 Sidewalk Inventory delivered by Consultant in the last PMP project.
Previous 2016 assessment identified over 2,100+ distress locations The first step in
updating the City's 2016 sidewalk management program truly resides in four essential
project deliverables:
• A comprehensive citywide update inventory of current sidewalk / curb & gutter
deficiencies and required ADA ramp locations;
• A established GIS based distress, location, priority ranking, classification and
improvement identification tool;
• Delivering a proactive and scheduled sidewalk maintenance CIP with cost
estimates;
• Database management and reporting software(MicroPAVER)
• Frequent communication,timely scheduled inventories and database maintenance;
During our PMP Project Kickoff meeting Consultant will discuss and review in
detail the expectations of the sidewalk / C&G project, technical approach and the
review of schedule and budget.
K. Update of Sidewalk Inspection Criteria/Priorities will utilize the City's available
street segmentation data within MicroPAVER to establish the sidewalk survey and
schedule. Additional data such as the City's GIS centerline, aerial imagery, 2016
sidewalk GIS layer (currently held by Consultant unless City staff has updated), and
other viable data that will assist the field technicians in the field.
All sidewalk inventory and distress data will be collected through the use of our hand-
held GPS units. Through the use of ArcPad, Trimble GPS unit has a data capture
screen to record all inventory and inspection data define by the scope of work. Data
that is recorded will be imported into MicroPAVER as summary data (see Task 4 for
more inspection details). If the City wishes not to place data within MicroPAVER,
01203.0006/487395.2 A-4
Consultant will develop and deliver a citywide sidewalk report within GIS shapefiles
and MS Excel.
The first essential item to update prior to survey is what defines Priority maintenance.
The recording of Priorities 1, 2 and 3 must be linked to each distress found in the
field. Defining these priorities will be discussed in detail with City staff prior to our
field efforts. A range of field measurements is to be considered for this project; the
typical sidewalk priorities list below:
❖ Priority 1 — (Very Poor), Locations that have a condition of Very Poor or any
location which the field technician considers to be an immediate serious safety
concern
o Typically trip, separation, spalling, raised/depressed slab distress areas that
are 2" or greater in occurrence
❖ Priority 2 — (Poor to Fair), Locations that have a condition of Poor to Fair of
where the field technician determines that a problem is not an immediate safety
concern
o Typically trip, separation, spalling, raised/depressed slab distress areas that
are 1"to 2" in occurrence
• Priority 3 — (Fair to Good), Locations that have a condition of Fair to Good or
where the problem is not a safety hazard
o Typically trip, separation, spalling„ raised/depressed slab distress areas
that are '/2"to 1" in occurrence
L. Update of RPV Sidewalk Management Database will develop the future
management of the RPV sidewalk inventory in the following manner:
+ User defined fields will be established that allow Consultant staff to populate the
required inventory and distress data established for the project.
• Perform all sidewalk data collection through the use of GPS handheld
technologies creating a real-time, accurate GIS database for each distress location.
This data can then be imported and managed through GIS software tools already
utilized by City staff.
+ Import all sidewalk GIS data into the City's existing GIS Enterprise program for
data analysis, reporting and management
+ Based on the City's needs, all sidewalk GIS data can then be imported into other
management software, such as MicroPAVER,Excel,etc.+
❖ Detailed reporting will be generated from the City's GIS Sidewalk data. Data
management, work tracking and additional sidewalk edits will be performed
through the GIS.
01203.0006/487395.2 A-5
M. Perform Sidewalk / Curb & Gutter Inspections. Once the street/pavement
segmentation has been assessed and verified, the inspection of approximately 190
miles of sidewalk segments will be performed (based on 149 miles of pavement,
sidewalk on each side within the City). The survey methodology will include the
following approach:
1. Walking/ GPS Handheld - All sections will be surveyed utilizing a walking/GPS
methodology. Distress locations and types will be collected based upon actual
surface conditions found and physical characteristics of the site. Surveying will
identify distress locations of sidewalk by GPS coordinates.
The City has identified specific Priority distress limits (repair criteria),which are
demonstrated below; we have recommended slight changes to the Priority limits
which will be discussed prior to survey:
2. Priority 1 — (Very Poor), Locations that have a condition of Very Poor or any
location which the field technician considers to be an immediate serious safety
concern
o Typically trip, separation, spalling,raised/depressed slab distress areas that
are 2"or greater in occurrence
3. Priority 2 — (Poor to Fair), Locations that have a condition of Poor to Fair of
where the field technician determines that a problem is not an immediate safety
concern
o Typically trip, separation, spalling, raised/depressed slab distress areas that
are 1"to 2" in occurrence
4. Priority 3 — (Fair to Good), Locations that have a condition of Fair to Good or
where the problem is not a safety hazard
o Typically trip, separation, spalling„ raised/depressed slab distress areas
that are 'A"to 1" in occurrence
o Other obvious crushed or deteriorated locations shall be identified
N. Sidewalk Verification Survey-A listing of the field attribute data that is verified for
each distressed site is listed below:
1. Field Attribute Data
• Street Name, From/to, indicating the assigned limits of the section,
street ID
• Street ranking indicating local, alley, arterial, collector, sidewalk
surface type
• Sidewalk length, width and area (identified through aerial imagery, if
available), side of street
• Distress location(GPS and address identified)
• Distress type(linear crack, spalling,etc.)
• Distress Priority(1,2 or 3)
• Traffic Area designation(HTA, MTA, or LTA)
• ADA Required Ramp Locations
• Caused by tree
01203.0006/487395.2 A-6
• Trip/Fall distress
• Measurement(linear or area) of distress found
• Recommended repair based on City's maintenance criteria
• General comments of distress location(if necessary)
Data management will be performed in-house at Consultant office. At the
completion of the project, the sidewalk database and GIS data will be placed
within City's information services/communication network.
Our use of GPS Handheld/Tablet units allows Consultant to collect sidewalk data
with the City of RPV's database live in the field. At the end of the day all
electronic data is transferred to our office for quality control and management.
2. Section Distress and Condition Reporting will generate a draft Sidewalk Distress
Report for City staff to review. The City and Consultant will review these reports
to ensure that all inventory data is correct and the project is running smoothly.
Sidewalk reports will include:
• Identification of all street segments in a continuous manner (W to E and S
to N);
• Sidewalk locations identified within street segments
• GIS map identifying found sidewalk locations
• GIS map identifying found sidewalk distress locations
• A Priority repair map will also be produced, see GIS to the right)
0. Maintenance and Rehabilitation, History and Decision Tree will review all street
and alley activities that have been performed since the last major PMP update (FY
2016). All street maintenance data will be entered into MicroPAVER to improve
upon section deterioration projections that will in turn enhance the recommendations
for the upcoming budgetary analysis and CIP reporting.
Consultant 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/unit costs
that are currently being used by the City. This effort is typically scheduled for when
our pavement surveys reach 65%complete.
Based on the City's current available budget, AC & PCC applications/costs 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.
The maintenance strategies that are typically reviewed are localized stop gap
maintenance, slurry seals, rehabilitation and reconstruction (R&R), the expected
improvement in pavement condition,the life-cycle extension that would result and the
unit costs for maintenance.
Based on our fiscal and deterioration analysis, Consultant will present the results and
recommendations to City staff. This analysis will become an essential building block
01203.0006/487395.2 A-7
for the recommended 2016-2036 maintenance programs/scenarios. Consultant will
provide an engineering discussion that includes priority listings as well as several sets
of priority/cost-benefit analysis scenarios.
Consultant will establish a maintenance "decision tree" that will be used to generate
pavement recommendations that match current 2018 maintenance approaches. This
will be accomplished by assessing/updating the unique and individual deterioration
curves within the database based on functional class (i.e. arterial, collector, local) and
age. Consultant will review the RPV'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 2018 pavement conditions.
All maintenance practices/unit costs will be integrated into the MicroPAVER
database and will be derived from the most recent construction bids for pavement
rehabilitation. We will account for annual inflation rates and PMP project
contingencies when long-term revenues projections are made.
Consultant will also recommend updates to the City's arterial/residential maintenance
district approach. Consultant will focus on projecting budgets and maintenance
recommendations for all streets within maintenance districts; allowing to proactively
schedule maintenance efforts throughout the 20-year CIP as well as achieve the
desired level of PCI across the City.
Consultant will work closely with City in defining repair and rehabilitation
strategies during each fiscal year and within each tract/area defined by the City.
Once the repair/rehabilitation strategies have been defined, the identification of a
twenty-year Forecasted Maintenance schedule will be generated.
The recommended budget scenarios will be identified on the basis of several criteria:
• Assessing the City's current PMP funding sources (i.e. Gas Tax, SB1, Prop. C,
Measure M, General fund, etc.);
• Present pavement conditions; Desired levels of service and available resources;
• Scheduling with the City's maintenance neighborhoods and other capital
projects (water, sewer) ;
• Accrued backlog levels and stabilization of maintenance backlog; and
• Future routine maintenance needs based on projected deterioration rates.
The primary emphasis of this task is to maximize the programming of street
maintenance projects using the most cost-effective strategies available and taking into
account a life-cycle cost analysis. A working "draft" Final Report will be generated
for City staff to review. The Draft and Final PMP reports will include:
• Executive Summary/Findings and Recommendations;
• Purpose statement for PMP to establish goals and objectives;
• Assessment of current and projected pavement condition (condition analysis
and prediction modeling);
01203.0006/487395.2 A-8
• Pavement Condition Index(PCI)reports;
• Multiple CIP scenarios identifying arterial and residential maintenance (per
section & district) recommendations (slurry, overlay, recon, etc.) associated
with contingency costs; City will provide funding source budget allocations;
• Recommendations for residential maintenance in "groupings" or
neighborhoods; and
• GIS mapping.
P. Budgetary Analysis and Final PMP Reporting will deliver the 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 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 twenty-
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 20-years;
• Current/Actual budget projection(citywide approach);
• Annual CIP/Maintenance funding needed to "maintain"current PCI;
• Recommended Annual CIP/Maintenance funding needed to "increase"PCI;
• Assess and review an eight (8) year citywide maintenance cycle (all areas of
City);
o Compare 8-yr cycle to industry BMP's for pavement maintenance;
o Deliver financial findings and recommendations report demonstrating the
potential benefits, deferred maintenance issues, etc.;
• Strategies and recommendations for the City's County Measure funds, Local
revenues, Gas Tax and maintenance programs and procedures, including a
preventative maintenance schedule;
• A detailed breakdown of deferred maintenance (backlog); and
• The PMP will be presented to the RPV City Council and/or upper
management, and we will support RPV staff in the development of the PMP
presentation;pro bono
The Registered Engineer 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
01203.0006/487395.2 A-9
pavement rehabilitation and replacement design based upon field data and
analysis.
In summary,the final report will include:
• Executive Summary outlining the complete project;
• Methodologies utilized for field survey and budget analysis;
• Work history of completed street maintenance, rehabilitation and
reconstruction
• Current PCI's by section
• Condition distribution by functional classification
• Project annual road maintenance R&R programs for streets over 5, 8, and/or
20 year period based on Item M scenarios
• Analysis that allows for the City to measure cost impact due to deferred
maintenance
• GIS map exhibits demonstrating PCI's,work history,project budget scenarios,
etc.
Q. PMP — GIS Link / Mapping will update the existing Pavement-GIS link between
MicroPAVER and the City's GIS system. Consultant currently has the 2016 PMP-
GIS shapefile in-hand; this allows our staff to immediately utilize the file and prepare
for internal PMP editing, survey and reporting. Consultant will review, with City
staff, all ongoing upcoming capital projects that may impact the GIS mapping
delivered for this project.
Once the City has approved the Pavement Condition Report, Consultant will update
the necessary MicroPAVER-GIS linkages (street names will be shown on all maps).
By using the unique ID's within the PMS and the City's ESRI street shapefile ID's,
we will create a one-to-one match for each pavement section in the GIS.
The maps described below will be incorporated into the City's Final PMS report and
GIS deliverables:
• PCI values for every section;
• Maintenance and CIP recommendations for each section;
• Multi-yr Arterial / Local Rehabilitation and Slurry Seal Programs (i.e. 5, 7, 10,
20yr);
• Work History identifications; and
• Functional classification maps.
Consultant will coordinate all project deliveries with the Public Works and the GIS
division to ensure that the most current and accurate PMS-GIS maps are represented
01203.0006/487395.2 A-10
within the City's GIS enterprise. Consultant will deliver all RPV Pavement and
Sidewalk data per the GIS Specification shown within Appendix A of the RFP.
R. PMP Training and Technical Support will provide City staff with quality, certified
training and the necessary skills needed to maintain the PMP. Consultant 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,
Consultant will deliver as many copies as needed by City staff to facilitate the
program. Consultant 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. Consultant can train one key individual or an entire
classroom using a City training facility pending on the City's 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.
Technical support will include the provision of up to 40 hours of PMP support for one
year upon completion of the project (annually). Consultant will provide quality and
accurate use of the in-house operation of MicroPAVER software. Once the City has
approved the Pavement Condition Index Report under this year's work effort, this
service will become active. Typical On-Call services include:
• Additional budget scenarios, general reporting, deterioration studies
• Additional visual inspections above the mileage amount indicated in Task G/H
• Additional pavement management—GIS mapping
• Additional MicroPAVER training,operational use
• GIS Enterprise assessment,management, implementation, support
The agreement will to include the provision of onsite and telephone support for the
City staff.
S. Presentation to the City Council will include the development and finalization of a
PowerPoint presentation (approved by City staff); the report will reflect all data
collected and reported on during the project.
T. Automated Digital Roadway Imaging (Optional) will implement a pavement
survey methodology that will support Task G efforts as well as implement a proactive
and cost efficient GPS survey methodology that will allow for the collection of
01203.0006/487395.2 A-11
numerous RPV (City owned) assets and their GPS locations using"one" set of digital
imagery(e.g. five citywide infrastructure surveys for the cost of one).
Beyond the pavement survey capabilities, the City will be able to collect other
infrastructure assets in the future such as:
• Sign (Warning,Regulatory, Guide, City Unique signs, etc.;
• Right-of-Way assets;
• Catch basins,
• Street lights,
• Manhole/Water Valves,
• Fire hydrants,
• Pavement markings, legends and other ROW features;
With verification of street segmentation, the inspection of approximately 149 miles
will be surveyed. ASTM D6433 - Army Corp of Engineers AC and PCC distress
types will be collected based upon actual surface conditions and physical
characteristics of the segment while being flexible to current City practices.
Consultant's automated digital imaging allows technicians to collect the following:
• Continuous pavement imaging (images taken every 5 meters, competition
typically surveys at every 8 meters/25 feet intervals)
• ASTM D6433 AC and PCC distresses (e.g. linear/transverse cracking, alligator,
patching,bleeding,block cracking, etc.
• Surface roughness ratings (IRI); rutting depth (full width of lane or street), if
called out by the City as needed
• Imaging captures 100%of each pavement segment(not just one lane)
• Data transfers seamlessly to your PMP database
• 2mm pixel images allows for centimeter horizontal and vertical accuracy
The first survey process will involve the mobile GPS vehicle taking approximately
one-weeks' time to survey the RPV street network; additionally, the vehicles drive
the posted speed limits. The images that are collected are taken by using Sony
digital stereographic cameras (4 to 6 cameras)positioned on the vehicle. The images
have a resolution of 2448 x 2050 and are geo-referenced by means of inertial GPS
equipment contained within the van; images are taken every 4 to 6 meters, 15 ft.
intervals. All images taken are owned by the City and can be used for future data
extraction within the Feature Extraction software.
Survey vehicles are equipped with digital measuring instrumentation (DMI) that will
be used to verify all pavement section lengths and widths. Our vehicles can be
equipped with road roughness rating equipment, strip mapping cameras and are set to
record 360 degree street imaging.
01203.0006/487395.2 A-12
The PCI conditional surveys will be performed by the Bucknam team (in-house, with
20% field QC review) that is experienced and trained in pavement condition
assessment using LambdaTech's "Feature Extraction" software. Bucknam will
measure specific distress types from the digital image set. A listing of the field
attributes that will be collected during the survey is listed above in Task 4.2.
The quality of the imagery and its GIS / record collecting capabilities within the
software provided allows the technician to accurately identify the required pavement
distresses defined by the pavement software and the project (distresses are collected
in-house). All pavement GIS data associated with each pavement section will be
entered into the City's working software. If the City elects to collect other street and
ROW assets under this contract these assets will be collected at the same time as the
pavement.
III. As part of the Services, Consultant shall prepare and deliver the following tangible
work products to the City:
A. Meeting minutes and a revised project schedule
B. Monthly project status report, field review and project status meetings, QA/QC Plan
C. Project status updates
D. Citywide PMP—GIS Link verification
E. Citywide PCI Reports (30%, 65%and 100% status reports), PCI Variance report
F. City wide Work History Report, Three(3)copies of the Draft Pavement Management
Program Report
G. Upon final approval,two (2)bound copies of the Final Pavement PMP Report(plus
one original signed by Consultant Registered Engineer, CA No. 20903), in a binder
and electronic form (pdf),will be sent to the City. Bucknam will provide one (1)
DVD copy of the Final PMP database and will install it at the City.
H. All GIS project data,Excel format as well as shapefiles, .mxd' s, GIS map
deliverables for all PCI and budgetary reports.
IV. In addition to the requirements of Section 6.2, during performance of the Services,
Consultant shall keep the City appraised of the status of performance by delivering
the following status reports:
A. Consultant will provide a weekly activity report.
V. All work product is subject to review and acceptance by the City, and must be
revised by the Consultant without additional charge to the City until found
satisfactory and accepted by City.
01203.0006/487395.2 A-13
VI. Consultant shall utilize the following personnel to accomplish the Services:
A. Steve Bucknam, Principal-In-Charge
B. Peter Bucknam, PMP Project Manager
C. Patrick Mullen, GIS Planner—QA/QC
D. Darwin Dahlgren, LTI Acquisition
E. Colin Anderson,Field Technician
F. Dan Lipinski, Field Technician
G. Shaun Russo, Field Technician
H. Majdi Ataya, Onward Engineering
I. Justin Smeets, Onward Engineering
J. Ignacio Ochoa, Onward Engineering
K. Ted Regoni, Onward Engineering
L. Steven MacBride, Onward Engineering
01203.0006/487395.2 A-14
EXHIBIT "B"
SPECIAL REQUIREMENTS
(Superseding Contract Boilerplate)
I. Section 7.7,Liquidated Damages, is deleted in its entirety.
01203.0006/487395.2 B-1
EXHIBIT "C"
SCHEDULE OF COMPENSATION
I. Consultant shall perform the following tasks according to the costs provided in
Exhibit C-1.
II. A retention of ten percent (10%) shall be held from each payment as a contract
retention to be paid as part of the final payment upon satisfactory completion of
services.NOT APPLICABLE
HI. Within the budgeted amounts for each Task, and with the approval of the Contract
Officer, funds may be shifted from one Task subbudget to another so long as the
Contract Sum is not exceeded per Section 2.1, unless Additional Services are
approved per Section 1.9.
IV. The City will compensate Consultant for the Services performed upon submission of
a valid invoice.Each invoice is to include:
A. Monthly invoices will be provided with a cover letter summarizing services
completed during the prior billing cycle and a forecast of anticipated services to
be completed in the next billing cycle.
B. Line items for all personnel describing the work performed, the number of hours
worked,and the hourly rate.
C. Line items for all materials and equipment properly charged to the Services.
D. Line items for all other approved reimbursable expenses claimed, with supporting
documentation.
E. Line items for all approved subcontractor labor, supplies, equipment, materials,
and travel properly charged to the Services.
V. The total compensation for the Services shall not exceed the Contract Sum as
provided in Section 2.1 of this Agreement.
VI. The Consultant's billing rates for all personnel are attached as Exhibit C-2.
01203.0006/487395.2 C-1
EXHIBIT C-1
CITY OF RANCHO PALOS VERDES,CA
2018 Pavement Management Program Update
Cost Proposal-June 1,2018
Mi
Description Prital t GIS Planner
�cAdmin Total by Task
!Manager Technicians)
Base Fee $2951hr $185/h r S 145/hr S88/hr $75/hr
Task 1 Kick-off Meeting PMP Services
Task 1.1 Project Kick-off _ 1 5515
Task 1.2 Project Status Meetings-Quality Control Program 4 4 20 53,080
Task 2 Client Satisfaction
Task 2.1 Project Deliverables i 4 4 2 1 51,866
Task 3 Project Schedule
Task 3.1 Work Flow/Project Schedule 4 4 2 3 52,321
Task 4 Scope of Work _
Task 4.1 PMP Assessment/PMP Preliminary Investigations
Assessment of Micr0PAV'ER GIS ID Link 1 3 3 5864
Pavement Work History Data Entry 1 _ 16_ 51,738
Task 4.2 Pavement Inspection Surveys(149 miles)- .. Volume discount due to previous 2016 inspection services
Arterial,.Local and Alley Street Survey Walking survey) 1 21 6 195 2 520,959
Task 4.3 Sidewalk/Curb&Gutter Location Surveys(approx..190 miles)
Update of Sidewalk Inspection Criteria 1 3 2 2 51,316
Update of RPV Sidewai k Management Database 52 12 53,166
Perform Sidewalk/Curb&Gutter Inspections i 12 10 280 1 529,790
Task 4.4 Maintenance&Rehabilitation,History and Decision Tree 3 2 2 52,541
Task 4.5 Budgetary Analysis and Final PMP Reporting 4 40 1 2 1 59,991
Task 4.6 PMP-GIS Link/Mapping
PMP&Sidewalk-GIS Layer Update;mplementatiori 1 3 20 10 54,630
Task 4.7 Support Services-Construction Admin-Management/ TBD;See separate Sub-Consultant Hourly Rate Sheet)
Civil Engineers rig Services{Civil,Survey,GeooTech)
Reimbursables'printing materials,mileage( $10,700
All deliverables will become property of the City of Rancho Palos Verdes
Ail Tasks are negotiable
Base Hours per Staff 16 102 71 S49 8
Total Base Fee 5 4,425 $ 18,870 5 10,295 $ 48,312 $ 600 593,497
Additional Tasks
Task 4.1 Purchase of MicroPA'QER version 7 i.if needed; $1,300
Task 4.8 PMP Training and Technical Support 1 12 $1,241
Task 4.9 PMP Presentation to the City Council Pro Aono
One survey using Digital Roadway Imaging a:lows you to collect:
Task 4.10 Automated Digital Roadway Imaging'Citywide-149 miles)* S23,962
'Cost includes mobilization+Bucknam 5%markup
All digital images complete with GPS coordinates 4 15ft intervals
Pavement inspection data collected in--house by E ucknam On-house data col ect-on replaces'ask 4.2 base ins?ection fee)
Pavement measurements/distress data extracted from digital images
20%field QA/Qc efforts will be placed on all automated survey efforts -
All imagery will be owned by City
Total Hours per Staff 16 103 71 561 8
Total Fee 5 4,720 $ 19,055 5 10,295 $ 49,368 $ 600 5120,000
During PMP survey or atter;additional asset inventories can occur:
Sign Inventory!typically$3.85 per point) TED
Catch Basins typically$2.75 per point) TBD
Manholes'typically$3.00 per point) TED
Street Striping,Legends[typically$2.75 per point! TBD
Fire Hydrants;etc. typically$2.50 per point! TED
Other asset to be identified at a later date TBD
- Additional services outside of this contract will oe negotiated with the city where we will use the Standard Hourly Rate Schedule —
01203.0006/487395.2 C-2
EXHIBIT C-2
Standard Hourly Rate Schedule
Category Rate
Principal $240
Senior Project Manager 215
Senior Engineer/Planner 195
Construction Manager 185
Pavement Management Project Manager 185
Management Analyst 165
Project Engineer/Planner 155
Senior Engineer/Senior Technician/GIS Planner/Senior Inspector 145
Asst. Engineer/Asst. Technician/GIS Analyst/Inspector 130
CADD Operator 115
Administrative Assistant 110
Field Technician 88
Clerical/Word Processing 75
Forensic Services Quote
Reimbursables
Mileage $0.65/mile
Subconsultant Services Cost+5%
Reproduction Cost+5%
Travel&Subsistence Cost+5%
Fees&Permits Cost+5%
Computer Services(External) Cost- 5%
Standard Hourly Rates
shown will not be BUCKNAM INFRASTRUCTURE GROUP,INC.
changed and/or
3548 Seagate Way, Suite 230 Oceanside,CA 92056
increased during the T.760.216.6S29 F.760-216.6549 vwvv..bucknam.net
contract period
01203.0006/487395.2 C-3
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall perform all Services timely in accordance with the schedule to be
developed by Consultant, consistent with II, below, and subject to the written
approval of the Contract Officer and the City Attorney's office.
II. Consultant shall deliver the following tangible work products to the City by the
following dates.
A. Meeting minutes and a revised project schedule will be completed and delivered to
the City within 3 business days of the meeting.
B. Monthly project status report will be completed and delivered to the City monthly.
C. Field review and project status meetings will be completed in weeks eight,thirteen
and seventeen after the notice to proceed by the City.
D. QA/QC Plan will be completed in weeks eight,thirteen and seventeen after the notice
to proceed by the City.
E. Citywide PMP—GIS Link verification will be completed in week four after the
notice to proceed by the City.
F. Citywide PCI Reports (30%, 65%and 100% status reports),PCI Variance report will
be completed by week sixteen after the notice to proceed by the City.
G. City wide Work History Report, Three(3)copies of the Draft Pavement Management
Program Report will be completed in week nineteen after the notice to proceed by the
City.
H. Upon final approval,two (2)bound copies of the Final Pavement PMP Report(plus
one original signed by Consultant Registered Engineer, CA No. 20903), in a binder
and electronic form (pdf),will be sent to the City. Bucknam will provide one (1)
DVD copy of the Final PMP database and will install it at the City. This will be
completed in week seventeen after the notice to proceed by the City.
I. All GIS project data,Excel format as well as shapefiles, .mxd' s, GIS map
deliverables for all PCI and budgetary reports. This will be completed in week
nineteen after the notice to proceed by the City.
III. The Contract Officer may approve extensions for performance of the services in
accordance with Section 3.2.
01203.0006/487395.2 D-1