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Bucknam Infrastructure Group Inc - FY2022-026-01 AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT TO THE AGREEMENT FOR PROFESSIONAL SERVICES ("Amendment No 2") by and between the CITY OF RANCHO PALOS VERDES, a general law city & municipal corporation ("City"), and BUCKNAM INFRASTRUCTURE GROUP, INC., a California corporation("Consultant"), is effective as of September 6, 2022 RECITALS A City and Consultant entered into an Agreement for Professional Services dated December 7, 2021 ("Agreement") whereby Consultant agreed to create a Roadway Asset Management Program (RAMP) and update the Pavement Management Program (PMP) (the "Services"), for a Contract Sum of$172,798 and a Term of one year B City has caused delays and therefore Consultant requires additional time to complete the Services The City and Consultant now desire to amend the Agreement to extend the Term of the Agreement until June 30, 2023 TERMS 1 Contract Changes The Agreement is amended as provided herein Deleted text is indicated in stfiketlifeugh and added text in bold italics a Section 3 4, Term, is amended to read "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 June 30, 2023,except as otherwise provided in the Schedule of Performance ( Exhibit"D") " b Section I of Exhibit "D" Schedule of Performance is replaced with the following Draft Report Final Report Pavement Management System—tnennial update 3/1/2022 5/1/2022 Complete 8 weeks after receiving final City comments Sidewalks Assessment 3/1/2022 5/1/2022 Complete 8 weeks after receiving final City comments Guardrail Assessment 3/1/2022 5/1/2022 Complete 8 weeks after receiving final City comments Traffic Signs Assessment (Retroreflectivity) 3/1/2022 5/1/2022 Complete 8 weeks after receiving final City comments 2 Continuing Effect of Agreement. Except as amended by this Amendment No 1, all provisions of the Agreement shall remain unchanged and in full force and effect From and after the date of this Amendment No 1,whenever the term"Agreement"appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No 1 to the Agreement 3 Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein Each party represents and warrants to the other that the Agreement is currently an effective,valid,and binding obligation Consultant represents and warrants to City that, as of the date of this Amendment No 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement City represents and warrants to Consultant that, as of the date of this Amendment No 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement 4 Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No 1 5 Authority The persons executing this Amendment No 1 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 Amendment No 1 on behalf of said party, (iii) by so executing this Amendment No 1, such party is formally bound to the provisions of this Amendment No 1, and (iv)the entering into this Amendment No 1 does not violate any provision of any other agreement to which said party is bound [SIGNATURES ON FOLLOWING PAGE] 01080 0006/815132 1 -2- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above wntten CITY CITY OF RANCHO PALOS VERDES, a municipal corporation 114444"-A-17)p " '-d-c71- 4i°2-4.14.4-'173.-94.‘..)it_ avid Bradley, Mayor ATTEST I eresa aoka, City Clerk APPROVED AS TO FORM: ALESHIR���"��E & WYNDER,4i —\ LLP )u evi.v, G William W Wynder, City Attorney CONSULTANT BUCKNAM INFRASTRUCTURE GROUP, INC , a California corporation By e er Bucknam P s>dent By Pe er Bucknam Secretary Address 3548 Seagate Way, Suite 230 Oceanside, California 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 01080 0006/815132 1 -3- 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 S N otrcc-o COUNTY OF-L-O,ANGEi 3 e, wxlt ^� Tuna% c On '/ 3o ,2022 before me,Kris he S�tkk personally appeared ?fir Bk.xkr c-v" proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the mstrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct ,, KfUSHA SCHIELKE WITNESS my hand and official . .I 3;�'{ �; Notary public California ci - San Diego County s =`Aa(!' Commission p 2398020 Signature • s - / k—. My Comm Expires Mar 22,2026 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) 0 LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 01080 0006/815132 1 PROFESSIONAL SERVICES AGREEMENT By and Between CITY OF RANCHO PALOS VERDES and BUCKNAM INFRASTRUCTURE GROUP, INC for the ROADWAY ASSET MANAGEMENT PROGRAM AND PAVEMENT MANAGEMENT SYSTEM UPDATE 1 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF RANCHO PALOS VERDES AND BUCKNAM INFRASTRUCTURE GROUP,INC THIS AGREEMENT FOR PROFESSIONAL SERVICES ("Agreement") is made and entered into on December 7, 2021, by and between the CITY OF RANCHO PALOS VERDES, a California municipal corporation (`City") and BUCKNAM INFRASTRUCTURE GROUP, INC, a California corporation ("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, the performance of the services defined and described particularly in Article i of this Agreement B Consultant, following submission of a proposal for the performance of the services defined and described particularly in Article I 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 I 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", as stated in the Proposal, 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 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 Proposal 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 seg 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 Consultant shall post job site notices, as prescribed by regulation (b) Prevailing Wages Consultant 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, Consultant acknowledges receipt of a copy of the DIR determination of the prevailing rate of per diem wages, and Consultant 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 Consultant 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 Consultant shall, as a penalty to the City, forfeit $200 (two hundred dollars) for each calendar 2 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 Consultant or by any subcontractor (d) Payroll Records Consultant shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Consultant and each subconsultant 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 Consultant 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 Consultant shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations Prior to commencing work under this Agreement, Consultant shall provide City with a copy of the information submitted to any applicable apprenticeship program Within 60 (sixty) days after concluding work pursuant to this Agreement, Consultant and each of its subconsultants shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Agreement (f) Eight-Hour Work Day Consultant acknowledges that 8 (eight) hours labor constitutes a legal day's work Consultant shall comply with and be bound by Labor Code Section 1810 (g) Penalties for Excess Hours Consultant shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours The Consultant shall, as a penalty to the City, forfeit $25 (twenty five dollars for each worker employed in the performance of this Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 (eight) hours in any one calendar day and 40 (forty) 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 Consultant in excess of 8 (eight) hours per day, and 40 (forty) 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 1'V2 (one and one half)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, Consultant 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" 3 Consultant's Authorized Initials (-2 (i) Consultant's Responsibility for Subcontractors For every subcontractor who will perform work under this Agreement, Consultant 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 Consultant 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 Consultant 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 in the form of a Change Order 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 4 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 Change 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 15% (fifteen percent) of the Contract Sum, or, in the time to perform of up to 90 (ninety) days, may be approved by the Contract Officer through a written Change Order 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 Consultants 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 If in the performance of the contract scope, the Consultant becomes aware of material defects in the scope, duration or span of the contract or the Consultant becomes aware of extenuating circumstance that will or could prevent the completion of the contract, on time or on budget, the Consultant shall inform the Contracting Officer of an anticipated Change Order This proposed change order will stipulate, the facts surrounding the issue, proposed solutions, proposed costs and proposed schedule impacts 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 5 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 $172,798 (One Hundred Seventy Two Thousand, Seven Hundred Ninety Eight Dollars and Zero Cents) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1 9 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, (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, and (b) 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, using the City template, or in a format acceptable to the City, 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 45 (forty-five) days of receipt of Consultant s correct and 6 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 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 through a Change Order, but not exceeding 90 (ninety)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 10 (ten) 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 one year 7 from the date hereof, except as otherwise provided in the Schedule of Performance (Exhibit «D„) 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 Erik S Piller, Senior Vice President, Sales and Marketing 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 the personnel included in the Proposal 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 City shall have the right to approve or reject any proposed replacement personnel, which approval shall not be unreasonably withheld 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 Ron Dragoo or such person as may be designated by the Director of Public Works 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 8 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 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, all subcontractors included in the Proposal are deemed approved 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 25% (twenty five percent) 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 9 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 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 (f) 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 10 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 (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 and continuously maintain 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 30 (thirty) day notice of cancellation (except for nonpayment for which a 10 (ten) day notice is required) or nonrenewal of coverage for each required coverage 11 (I) 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 (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 (I) 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 90 (ninety) 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, 12 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 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 61 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 13 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 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 14 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 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 15 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 15 (fifteen) 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 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 16 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 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 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 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 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 of termination without cause pursuant to this Section, the City need not provide the Consultant with the opportunity to cure pursuant to Section 7 2 7 8 Termination for Default of Party if termination is due to the failure of the other Party to fulfill its obligations under this Agreement (a) 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 (b) Consultant may, after compliance with the provisions of Section 7 2, terminate the Agreement upon written notice to the City's Contract Officer Consultant shall be entitled to payment for all work performed up to the date of termination 7 9 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 17 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, 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 § 1 101 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, 18 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 91 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 72 (seventy two) 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 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 19 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 , 15 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] 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 music].al corporation IMP OPP ;a, Mayor ATTEST: f v1(, 137,146x ere oka, City Clerk APPROVED AS TO FORM ALESHIRE & WYNDER, LLP ZdzgevCvl 4,44-Th William W Wynder, City Attorney CONSULTANT BUCKNAM INFRASTRUCTURE GROUP, INC By Name iey\, 13 UC�+.Title c?n, O1 By Name J't-T r•- 1.3 Title rG,t,E'I. 3sa F w , s'l F F3(- Address 3(Address OCE--117--)S,0 C. ZoS'6 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 21 CALIFORNIA ALL- PURPOSE CERTIFICATE OF 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 539-7) On &-e_ 0 3 a D -/ before me, /:,--1,&72_7,) Pi &/Le.1 lao 7 << / (Here insert named tide of the officer) personally appeared ATE-4 'J of pi-/ Q ZiJA/P1 who proved to me on the basis of satisfactory evidence to be the person(61 whose name(4 isgre subscribed to the within instrument and acknowledged to me that he/shfth y executed the same in his/Ieflteir authorized capacity(Ie ), and that by his/hpr'/thOir signature(s) on the instrument the person(s`), or the entity upon behalf of which the personciryacted, 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 GILES WITNESS my hand and official seal EVELYNM Calif �t.; Notary Public California San Diego County r Z Commission#2235277 16J '�� 4 4:(4,° _ My Comm Exptres Apr 17,2022 Notary Public Sig ure (Notary Public Seal) ADDITIONALINSTRUCTIONS FOR COMPLETING THIS FORM OPTIONAL INFORMATION This fo,m complies it ith cuts ent Cal jot ma statutes t egat dutg motor) Ito?ding and DE' RIPTION OF THE ATTACHED DOCUMENT if needed should be completed and attached to the document Acknowledgments fi om other states mat be completedjot documents being sent to that state so long as the wading dots not tequue the Califonia norm)to violate California notmy law (Title ord. cnption of attached document) • State and County information must be the State and County msheta the document signet(s)pet sonally appeared before the notary public for acknowledgment • Date of notanzation must be the date that the signer(s)personally appeared which (Title or descn.ion of attached document continued) must also be the same date the acknowledgment is completed • The notary public must print his or het name as it appears within his or hei Number of Pag:s Document Date commission followed by a comma and then your title(notary public) • Print the name(s) of document signer(s) who personally appear at the time of notarization CAPACITY C IMED BY THE SIGNER • Indicate the correct singular or plural forms by crossing oft incorrect forms(i e he/she/they is/are)or circling the correct forms Failure to correctly indicate this 0 Individual 1 information may lead to rejection of document recording O Corporate 0`icer • The notary seal impression must be clear and photographically reproducible Impression must not covet text or lines If seal impression smudges re-seal if a (Title) sufficient arca permits,otherwise complete a different acknowledgment form ❑ Partner(s) • Signature of the notary public must match the signature on file Nrth the office of the county clerk ❑ Attorney-in-Fact Additional information is not required but could help to ensure this ❑ Trustee(s) acknou ledgment is not misused or attached to a diffetent document Other Indicate title or type of attached document numbet of pages and date ❑ Indicate the capacity claimed by the signer If the claimed capacity is a corporate officer,indicate the title(r e CEO CFO,Secretary) 2015 Version www NotaryClasses corn :10 873 9865 • Securely attach this document to the signed document with a staple 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 LOS ANGELES On ,2021 before me, ,personally appeared ,proved to me on the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE 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 LOS ANGELES On ,2021 before me, ,personally appeared ,proved to me on the basis of satisfactory evidence to be the person(s)whose names(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted, executed the instrument I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct WITNESS my hand and official seal Signature OPTIONAL Though the data below is not required by law,it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL NUMBER OF PAGES ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER DATE OF DOCUMENT SIGNER IS REPRESENTING (NAME OF PERSON(S)OR ENTITY(IES)) SIGNER(S)OTHER THAN NAMED ABOVE EXHIBIT "A" SCOPE OF SERVICES [BEGINS NEXT PAGE] A-1 Approach to Scope of Work Project Understanding / Approach As the City of Rancho Palos Verdes' (RPV) infrastructure matures, the City's staff is striving to update the City's Roadway Asset / Pavement Management Program (PMP) through "triennial" cost effective condition surveys, engineering cost evaluation, budgetary reporting and data updates within the Roadway Assets/Pavement Management Update MicroPAVER database. The Streets Concrete Medians City's 2021 focus for field pavement/sidewalk Sidewalks Guardrails inspections will cover all Parking Lots(6 Locations) Pavement Markings defined streets and alleys Curb&Gutter Roadway Signs within the network(150 miles). Curb Ramps The City requires a team that will not only resurvey the defined sections using cost-conscious methodologies but will create a comprehensive program that includes the enhancement of your 8-year PMP/ROW CIP, district maintenance evaluation, GIS integration/publication, stewardship of the PMP, MyRoads""' PMP web-portal, and presentation of PMP/RAMP findings and recommendations to upper management, City Council and IMAC. Our firm is in the unique position for this project due to our 2019 PMP and Sidewalk inventories where we established essential cornerstone data for this project. Bucknam will continue to provide these services through our proactive and accurate implementation of your PMP; we will address the City's primary goals of: • Updating MicroPAVER with 2021 inspections, work history and maintenance data; • Surveying 150 miles of Arterial, Collector, Local and Alley streets; provide variance PCI reporting based upon 2019 PCI's vs. 2021; • Verifying/ Updating pavement centerline and metric data (PMP vs. GIS) through our Al AC/PCC SF calculations; • Generating 2021 Pavement Condition Index (PCI) ratings for each segment as well as additional conditions for assets inventoried under this project; • Field inspections, investigations and testing of assets (e.g. traffic control elements, compliance for curb&gutter, guardrails, etc.); • Developing a proactive preventative slurry seal / overlay maintenance schedules based on existing capital funding (citywide approach vs. traditional zone cycle schedule); • Establishing solid recommendations for current/future maintenance needs; • Utilizing the City's existing funding to generate a baseline 8-year year Capital Improvement Program (CIP) for all assets evaluated; • Recommending alternative maintenance budgets that demonstrate realistic return-on- investments (ROI), i.e. Scenarios 1, 2, 3, "actual" budget model, maintain PCI model, etc. C r 1-1 2021 Roadway Asset/ Pavement Management Progra Approach to Scope of Work 0— We have defined detailed phases to the scope of work in accordance to the City's RFP; 1. Project Implementation 2. Client Satisfaction 3. Project Schedule (See Section 5) 4. Scope of Work (Major Tasks) 1) Project Implementation TASK 1.1: Project Kickoff The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of RPV it will be essential to establish, up front, the Public Works department (Engineering/Maintenance) pavement management priorities. Our team will set a Project Kickoff meeting to further discuss and review in detail the expectations of the project, technical approach, section ID / GIS management & surveys, district/zone maintenance, roadway asset inventories and condition assessments, software upgrades & use,deliverables within the scope of work and the review of schedule. This effort will build consensus between the Public Works and Maintenance staff as well as build stronger ARTERIAL and LOCAL maintenance programs that complement large Public Works CIP projects and annual maintenance projects. Deliverable: Meeting minutes, revised project schedule(if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports • Minimum of four meetings during the project (kickoff,field, and status meetings — 30%, 65% and 100% ), Field review meetings and bi-weekly progress status reports will be delivered to City project manager • We have included our detailed Quality Control Plan within Section 5 of our proposal Deliverable: Monthly Project Status reports, field review and project status meetings, QA/QC Plan 2) Client Satisfaction TASK 2.1: Project Deliverables Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Public Works departments. Project success is created by delivering on three main factors; Rancho f 1-2 2021 Roadway Asset/ Pavement Managers Approach to Scope of Work 1)Adherence to scope tasks and deliverables 2) Performing to the standard set by the Project Schedule; and 3) Controlling costs. Our Project Manager will follow each of these factors throughout the duration of the project Deliverable: Project Status Updates,as stated in Task 1.2 3) Project Schedule TASK 3.1: Work Flow/Project Schedule Per the request of the RFP,we have included the Critical Path Method (CPM) Project Schedule within Section 4 of our proposal. 4) Scope of Work (Major Tasks) Roadway Asset/PMP Assessment- PMP Preliminary Investigations The City will provide the most recent GIS data, shapefiles and existing PMP data which will serve as the initial dataset to verify and/or update essential PMP and ROW data. Bucknam will assess: • City's current RPV 4-18-19.e70 MicroPAVER database; • Relevant work history data which has occurred since 2019; • GIS files related to the 2019 PMP and Sidewalk project vs. City current; • Street and Right-of-Way (Sidewalk) Record drawings;and • Assess and verify available City data pertaining to parking lots, C&G, concrete medians and guardrails; (pavement markings and roadway signs optional) TASK 4.1: Roadway Asset/PMP Work History Update The City will provide Bucknam a complete listing of all major work (overlay, slurry, etc.) in order to update specific section work histories and PCI ratings. Bucknam will review all maintenance and rehabilitation projects completed and/or scheduled by the City since the last update in 2019;this will include work history updates on arterial, locals and alleys. Our staff 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, our staff will upload the necessary PMP database files at the City. Deliverable: Update Roadway/ PMP data,Work History report City c los Vi 1-3 2021 Roadway Asset/ Pavement Management Program Approach to Scope of Work PAVEMENT MANAGEMENT/ROADWAY ASSET CONDITION INVENTORYS TASK 4.2: Conduct Pavement Condition Survey First and foremost, the assessment of the City's pavement segmentation is one of the key priorities for this project. With three years between major inspections it will be essential to verify that all Arterial, Collector and Local segmentation is up-to-date and that section SF quantities are verified, accurate and reliable. This will be completed by utilizing the Bucknam- Fuscoe cloud-based learning technology (Al) to correct quantify square footages for each pavement section (see sample below). Bucknam (powered by t ,r . - - r,,...--_ -=!- .. ._orig,nalBaldwin Phch Fuscoe's unique use of L - Y( _ • , 'y gyral or l ARA(Aerial is r'0�. ,''ZFl! - + �. sore. A/I Fo,Fountain Valley) cloud based learning �_, V 1 .`-•1 .141144 .A . - technology technology) -� 4�'II 1' t-Cloud-basedlogyscans army allows our staff to m "r' °H'ua""e``'' .� and generates A( a, �� * menl Iwati°rn provide the Al with the M`„I '=�: --. • - "k,arat:P7C City of RPV's most Ur�..,i,f.=_. `' a�",-- --`F o— .3 - d_.— - "IF 0". ii 4 GIS POI>'R„,0,,„, recent aerial image; in - ' Citr,oawen,ent doing so, all AC and PCC �' ` — eH [sndefined and ' SI-s are(wrested within pavement areas are 'f'z ........._.d• ! _ _ ra a Slrert5aw( immediately calculated. This instant calculation is possible due to the cloud-based learning tech's inherent working knowledge of how to recognize pavement surfaces and asphalt types. This ability will allow Bucknam to obtain the necessary quality control measurements for all RPV PMP segments and to perform segment SF variance reports. This will in turn create a more accurate total centerline / square footage of the RPV network as well as for each unique pavement segments. Medians can also be identified using this Al technology. We will review/assess new and/or missing streets previously excluded from the last PMP update and create the necessary segmentation within the RPV PMP database+ GIS links. Once the pavement segmentation has been assessed and verified, the necessary 150 miles of Arterial, Collector, Local and Alley inspections will be performed. It is the City's desire to survey all pavement sections this fiscal year. Our survey methodology will include the following approach based on the ASTM D6433 guidelines: 1. Walking-All sections are surveyed through "two-pass test" walking methodologies. AC/PCC distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with ASTM D6433-20 & the Army Corp of Engineers AC/PCC sampling guidelines while being flexible to current City requirements. iofRance 1-4 2021 Roadway Asset/ Pavement Managem. Approach to Scope of Work All sample locations are observed through walking surveys; samples areas will cover a minimum of 20% of the total section area and will be 2,500 SF +/- 1,000 SF in size. According to the City's RFP the following pavement sections are to be surveyed for the upcoming 2021 PMP update: • The inspection of approximately 150 centerline miles of Arterial / Collector, Local and Alley segments will be performed; • Parking Lots (6 Total, Civic Center, Point Vicente, Fred Hesse, Robert Ryan, Del Cerro and Eastview); • Recent overlay rehabilitation will reduce total mileage of survey—TBD; Our use of Tablet-based 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 our office for quality control and management. Roadway Verification Survey-A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below: 2. Field Attribute Data (updated and/or verified) •:• From/to, indicating the assigned limits of the section, sample test areas, street name • Historical PCI tracking from previous inspections and 2021 PCI inspections •:• Segment rank, length, width, and total true area of the section Pavement segment and PCI "Variance" analysis and report 3. Conditional data will be evaluated for all street segments and will include: •: MicroPAVER 20 AC& 19 PCC distresses by type, severity and extent • Sampling/conditional data pulled from within edge-of-pavement to edge-of pavement • PCI ratings (0-100), taking into account the surface condition, level of distress 4. Section Distress and PCI Reporting Upon 50% and 100% completion of the required condition surveys, we will prepare draft PCI Reports and PCI GIS maps that document the conditions of all pavement segments. SIDEWALK ASSESSMENT AND CONDITION INVENTORY TASK 4.2a: Sidewalk/Curb & Gutter/Curb Ramp GIS Digitization Per the City's RFP's request, Bucknam has provided below a detailed Sidewalk-C&G/Curb Ramp Condition scope of work. Based upon the City's approximate 150 miles of streets we are estimating that the City has 220 miles of sidewalks defined within its network (75% of the network having sidewalks on both sides of the street). Bucknam will update / establish a clear and accurate citywide Sidewalk / Curb Ramp GIS layer that represents where known sidewalk locations exist today (polyline based, currently in-hand); _y of R:, o f' 1-5 2021 Roadway Asset/ Pavement Mar- , Approach to Scope of Work Curb ramps will be point-located. This work effort will include the assessment and improvement of all existing sidewalk GIS line work, existence/absence of curb ramp locations. This establishment of the Sidewalk / Curb Ramp GIS layers will in turn drive our conditional inspections. Our staff will utilize the City's available pavement segmentation data, within the RPV pavement database, to improve upon the sidewalk segmentation, unique sidewalk ID, survey limits and schedule data. Our staff will utilize additional data such as the City's GIS centerline, aerial imagery and other viable data to assist our field operations. In improving upon the Sidewalk Management Program (SMP) database, sidewalk locations will be updated/digitized through ArcGIS Desktop utilizing available aerial imagery, completed street improvement plans and digital roadway imagery. Sidewalk "gaps" will be located/noted. Sidewalk distress data (trip hazards) will be collected through the use of mobile GPS hand-held units, providing a XY coordinates for all distress locations. Through the use of our enhanced ESRI GIS Collector units we utilize the data capture screen to record inventory and inspection data defined by this scope of work. Another essential data collection item to establish prior to survey is what defines sidewalk displacement/trip hazards for potential maintenance and repair. These displacement locations will be categorized with low, medium or high deficiency ratings. These details are shown within Tasks 4.2b & 4.2c; as stated above, we will meet with City staff to define the final deficiency rating definitions prior to survey. Deliverable: Definition of RPV Sidewalk Section network, inventory attributes, GIS data integration plan TASK 4.2b: Update of Sidewalk Maintenance Database Based on our previous 2019 sidewalk management project as well as our projects performed for other SoCal cities, we have provided the list below demonstrating typical layers and attributes collected during sidewalk inspections: Sidewalk Distresses Attributes/GIS Data • House Number—House number closest to distress, if applicable; • Street Name—Street Name; • Surface Type—i.e. AC, Brick, Paver, PCC; • Distress Material Location—sidewalk, C&G, Ramp; • Vertical displacement—i.e. 'A" to 1", 1" to 2", 2" or higher o Displacement ranges — Defined by City's current Sidewalk Inspection Program (may be changed per discussions with City); o Distress Type—i.e.joint faulting, linear cracking, divided slab, buckled slab; • Sensitive Location — Schools, Parks, City Facilities, etc. Locations to be determined by City Staff; • Tree—If distress is caused by a tree; N o 1-6 2021 Roadway Asset/ Pavement Managen- Approach to Scope of Work • Utility Box–If distress is caused by a utility box; o Utility label/type, if any; • Length–Length of distress, if applicable; • Recommended Work–i.e. Grind, Ramp, Replace; • MicroPAVER ID–Unique ID that corresponds with PMP Street GIS Layer; • Any hazards or sidewalk damage that may not meet requirements of repair to be noted for future inspections; • Field notes (if applicable) and inspection date associated with distress priority location; • Comments– Field for any necessary comments about the distress. We will finalize each GIS layer's attributes with the City staff before beginning the — survey process. Bucknam will deliver all GIS -T data in the City's preferred GIS format ® «. CI - Through our experience in working with _ ® sidewalk GIS datasets and MicroPAVER we _ _ . ©- _.. are approaching the development and future -- --- ' ' a management of the RPV sidewalk assessment in the following manner: ©EN Sample screenshot of Bucknam's 2019 Sidewalk Map Atlas utilized for inspections • Perform all sidewalk data collection/condition assessment through the use of mobile GPS driven hand-held technologies and personal computers. o This creates a real-time, accurate GIS database for each distress location • Publish collected sidewalk GIS data into the City's existing GIS Enterprise for field use, data analysis, reporting and management TASK 4.2c: Sidewalk/Curb & Gutter/Curb Ramp Condition Survey Once the street/pavement segmentation has been assessed and verified, the inspection of approximately 220 miles of sidewalk segments will be performed. Data will be assessed/collected by following the pavement segment breakdown established within the PMP; both sides of the street will be captured. Our survey methodology will include the following approach: • FY 2021–citywide sidewalk,curb&gutter,curb ramp(220 miles); Distress data collected will utilize the attributes shown within Task 4.2b City of R 1-7 2021 Roadway Asset/ Pavement Management Program Approach to Scope of Work LIIII— The City has initially identified specific displacement deficiency ranges which are demonstrated below; any recommended changes to the distress rating limits will be discussed prior to survey: el____„4111 rt. ` .1,1A It' -"--< ` .iir,ii- ad.,r, .,5\ ... . • • t. ?„ , .., \ ... ibr f . , VI 4 •�. '�-."ter �\ •1 _- 6k� ' Sidewalk Priority ,..7, f•�� i Distress Locations, . -i a ' s" 4 associated with _ . - ""ia-- ♦ address and proper - ---r-.- "-! _A_.� side of street -..,•1:•41- — . /BUCKNAM • Rating 1—(Fair), 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 %"to 1" in occurrence; • Rating 2—(Poor), Locations that have a condition of Poor or any location which the field technician considers to be a safety concern o Typically trip, separation, spalling, raised/depressed slab distress areas that are 1"to 2" in occurrence; • Rating 3 — (Very Poor), Locations that have a condition of Very Poor or where the field technician determines that a problem is an immediate safety concern o Typically trip, separation, spalling, raised/depressed slab distress areas that are 2" or greater in occurrence; • Rating 4— for "vicinity of a sensitive location" (i.e. schools, churches, hospitals, senior housing, city facilities, parks, commercial centers, etc.) where pedestrian traffic is high and the City has a vested interest in lowering tripping hazards. o Rating can be given for any deficiency location; this places priority onto the location needing repair due to the pedestrian activity at the site. We welcome staff members from the City of RPV to join our surveys. Our use of mobile GPS Handheld/Tablet units allows our staff 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 y c 1-8 2021 Roadway Asset/ Pavement Managerr Approach to Scope of Work control and management. We can produce Sidewalk GIS Distress locations at any time during the survey for City QC and/or review. Section Distress and Condition Reporting At 50% and 100% Bucknam will generate Sidewalk/C&G/Curb Ramp Location/Distress Reports for City staff review. The City and our staff will review these reports to ensure that all inventory data is correct and the project is running smoothly. Sidewalk spreadsheet reports and GIS maps will include: • Identification of all street segments in a continuous manner(W to E and S to N); • Sidewalk/C&G/Curb Ramp locations identified within street segments; • GIS maps identifying sidewalk displacement locations; • A Sidewalk M&R recommendation map • Citywide Sidewalk/C&G/Curb Ramp Atlas Book Deliverable: Citywide ROW Distress Reports (50% and 100% status reports); Recommended repairs;GIS Distress/Deficiency maps. REQUESTED ADDITIONAL ASSET DATA COLLECITON TASK 4.2d: Street Medians and Guardrails Inventory Per the City's request, Bucknam has been asked to digitize found medians and guardrails throughout the City. This work will be performed in "'j conjunction with our PMP/Sidewalk `"` 4ip Inventory processes. By utilizing the - City's high-resolution aerial imagery, / tio'- street-view technology resources, automated roadway imaging technology (see image right) and GIS digitization to collect these street/ROW assets. Prior to survey all asset attribute definitions/metrics will be submitted to the City for review and approval. General conditions will be collected during our field inventories and our findings and recommendations will be submitted as part of the Asset Management Report. Bucknam will deliver unique median and guardrail GIS layers in ESRI GIS format and ensure that each layer is published within the City's GIS Enterprise. General quantity summary findings will be delivered as well as a citywide traffic control asset map book. Through scope discussions with City staff, it was decided that the requested sign inventory be shown as an optional service. In addressing the City's need to establish a sign assessment/management program, Bucknam is recommending one or a mixture of management options shown below. In establishing a 1-9 2021 Roadway Asset/ Pavement Managem Approach to Scope of Work zone/district cycle for sign operations and maintenance similar to the pavement management zone/district cycle, the City will be able to proactively identify and replace specific signs within a given geological area. This will provide a solid basis for identifying annual operations and maintenance needs and costs while proactively replacing City signs. RFV Sign Inventory Retro-reflectivity Management Evaluation According to the U.S. Department of Transportation Federal Highway Administration, all agencies are required to implement a sign assessment or management method by June 2014 to ensure adequate maintenance of minimum levels of sign retroreflectivity. This precedes two other Federal mandates that agencies must replace traffic signs by 2015 and 2018. However, under the FHWA May 2012 proclamation regarding the MUTCD, the specific 2015 & 2018 deadlines have been eliminated; local agencies can now replace traffic signs when they are worn out instead of having to replace them by a specific date. Furthermore, the FHWA has not lowered the new MUTCD standards, then just removed the deadlines. For RPV, the previous 2016-17 sign inventory effort and delivery will be essential to establish / define a traffic sign replacement program to ensure that the City is in compliance with the regulatory requirements. Bucknam Infrastructure Group will provide the City with the most efficient and cost effective management plan to accomplish these objectives for the City. We will also provide a long term cost estimate for meeting minimum retroreflectivity requirements. The MUTCD allows five (5) options for sign retroreflectivity management; two through assessment efforts and three through management efforts. These methods are Nighttime Visual Inspection, Measured Sign Retroreflectivity, Expected Sign Life, Blanket Replacement, and Control Signs. Each agency can choose to use one of these methods or a combination thereof. Each method carries its own cost-benefit analysis and this will be a part of our discussion regarding your existing sign inventory data and how we can best use it to manage your program in the next several years. Through our discussions, we will recommend the most appropriate MUTCD assessment / management plan for the City based upon current maintenance strategies, available staff, sign inventories, and sign attribute records. DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 4.3: Maintenance & CIP/Budgetary Analysis We will assist the City in developing the most cost-effective preventative maintenance, repair and rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss and strategize maintenance activities that are currently being used by the City. Based on the City's current AC & PCC applications, Geotech reports and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. c 1-10 2021 Roadway Asset/ Pavement Management Program Approach to Scope of Work We will establish/update the RPV MicroPAVER maintenance "decision tree" that will be used to generate pavement recommendations that match current fiscal year maintenance approaches/City practices. This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within PMP software based on functional class (i.e. arterial, collector, local) and age. Our staff will review the RPV's deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class. All maintenance practices/unit costs will be integrated into the PMP and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenues projections are made. Our Project Manager and Principal will work closely with City in defining repair and rehabilitation strategies for each fiscal year as well as establish PMP zones for the street/alley networks. Once the repair/rehabilitation strategies have been defined,the identification of a five year Forecasted Maintenance schedule will be generated. The recommended budget scenarios will be identified on the basis of several criteria: • Assessment and review of the City's Pavement CIP • Present pavement conditions; Desired levels of service and available resources • Projected/ Forecasted PCI's per section • Cost benefit of individual strategies (minimum of three (3)scenarios) • Scheduling with the City's major CIP projects (water,sewer, etc.) • Budgetary recommendations that satisfy METRO guidelines • Local "Neighborhood" fiscal year reporting/improvement scheduling • Future routine maintenance needs based on projected deterioration rates The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis. TASK 4.4: Asset Management/Pavement Management Reports Pavement Management Report We will deliver the Final Report to the City which will be essential for staff reference / use as well as presented in a way that is beneficial for elected officials/upper management. This report will assist the City in complying with METRO. The report will be prepared in a format that uses the information delivered by the PMP database 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 8-yr period (ARTERIAL, LOCAL and ALLEY Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service; ■ Modeling and comparison of at least three (3) budget scenarios that typically include: sur . VF 1-11 2021 Roadway Asset/ Pavement Mai• • Approach to Scope of Work • Comparison of citywide M&R approach to City's traditional zone rotation schedule; • Future PMP conditions based upon historical funding levels; • Identification of annual funding to maintain current after 8-years; • Increase current PCI within 8-years; • Gradual, Frontloaded, Constrained and Unlimited funding analysis; • Strategies and recommendations for the City's maintenance programs and procedures, including a preventative maintenance schedule; • Publication of multiple budget scenarios within MyRoadsTM (Bucknam web- portal/dashboard); • Supporting documentation required by METRO; • A detailed breakdown of deferred maintenance (backlog);and • Quality Management Plan document. Our recommendations will provide guidance to the City on how to implement better preventative maintenance/ rehabilitation strategies and/or increase funding through PMP data examples. We will make a presentation of the results from the 2021 PMP update to City personal and/or City Council if necessary-pro bono. Asset Management Report Additionally, the City has asked for the generation of a revised Asset Management Program Report. This will be created and produced based on our findings and recommendations for the assets described throughout of scope of work. Our efforts will include: • Revised Asset Management Report and PMP Report after City comments • Presentation of reports to the City leadership including preparation of materials • Revised Asset Management Report and PMP Report after leadership comments • Presentation of report, including development of Staff Report and presentation materials to Infrastructure Management Advisory Committee (IMAC) • Revised Asset Management Report and PMP Report after IMAC comments • Presentation of report to the City Council • Revised Asset Management Report and PMP Report after CC comments • Delivery of Final Asset Management Report and PMP Report (signed by Bucknam's Civil Engineer(Mr. Steve Bucknam) • Delivery of final GIS files for each asset class including final condition assessment Registered Engineer Mr. Steve Bucknam, P.E. will review all completed data and sign a final Asset Management and PMP reports incorporating the results of our pavement evaluation and conditions. We will Cis 1-12 2021 Roadway Asset/ Pavement Management Progra Approach to Scope of Work provide recommendations for pavement rehabilitation and replacement design based upon field data and analysis. TASK 4.5: PMP Mapping and GIS Update As an enhancement and proactive City of Rancho Palos Verdes CA approach to this project, our staff will ""`""°"°'bv101 update and publish a Pavement-GIS link between the PMP database and ` �I the City's GIS system. Bucknam will =;d r 41,04, utilize the City's existing 2019 PMP- - GIS layer for updating all essential 4 moi` '' data to the layer. By using the unique ••0) )4. segment ID's within the PMP and the i City's ESRI street shapefile ID's, we will verify a one-to-one match for each pavement section in the GIS. All . pavement segmentation within the �r PMP database will be mirrored within el Ciry of Rancho Palos Verdes.CA r w 11 the RPV GIS layer which will allow all pavement data to be published on the GIS layer. With a completed survey and we will update the PMP-GIS layer with all final PCI data. The maps described below will be incorporated into the City's Final PMP report: • PCI values for every section; Work History identifications; 8-yr proposed Arterial/ Local Rehabilitation and Slurry Seal Programs; and Functional classification maps Our staff will coordinate all project deliveries with the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City's GIS enterprise. Bucknam's 2019 RPV PMP-GIS map shown above. TASK 4.6: PMP/GIS Training With PMP software use being one of the key components to a successful PMP implementation, we will provide City staff with quality, certified training and the necessary skills needed to maintain the PMP. Bucknam will provide City staff with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and software use. 1-13 Approach to Scope of Work TASK 4.7: RPV MyRoadsTM PMP Web-Portal RPV MyRoadsTM Web-Portal — Bucknam's proprietary option of MyRoadsTM is a great match for the RPV PMP today and the future. This — option brings your PMP data to life within a • dynamic PMP dashboard! i ,I . Bucknam now provides all our PMP clients with a unique and agency driven "MyRoads'M" web- portal that provides instantaneous access to your pavement management database. This "dashboard" allows users to toggle through • individual sections via GIS mapping selections, zone queries, rank selection, PCI ranges, etc. to ■ review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance costs based upon your unique needs. ■ ■ ■ Bucknam has shown above the RPV MyRoadsTM account actively working! This tool will be accessed by City staff simply through a a Username/Password methodology. As changes are made to the RPV PMP database the MyRoads'M dataset is changed to reflect work history edits, PCI inspections and section changes. In summary, MyRoads'' allows the user perform the following dynamic functions: • Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on-board GIS tool; • Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI o Display critical street / sidewalk / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (curb ramps, utilities, manholes, trees, etc. • Displays all final GIS project maps (PCI,work history, 8-yr forecasted maintenance, etc.) • Bucknam will train RPV staff on the simply use of the MyRoads"" dashboard Rancho Palo 1-14 2021 Roadway Asset/ Pavement Management Program CITY OF RANCHO PALOS VERDES,CA 2021 Pavement Management Program Update Cost Proposal-October 27,2021 Description Principal Project GIS Planner Field Admin Total by Task Manager Technician(s) Base Fee $295/hr 5185/hrl $145/hri $96/hr $80/hr Task 1 Kidz-off Meeting PMP Services Task 1.1 Project Kick-off 2 1 $515 Task 1.2 Project Status Meetings-Quality Control Program 4 4 64 $7,464 Quality Control efforts cover PMP,SMP and ROW asset efforts q Task 2 Client Satisfaction Task 2.1 Project Deliverables 1 4 4 2 1 $1,887 Task 3 Project Schedule Task 3.1 Work Flow/Project Schedule 2 3 8 3 $2,153 Task 4 Scope of Work Task 4.1 Roadway Asset/PMP Work History Update _ Pavement Work History Data Entry 1 1 16 $1,866 Task 4.2 Pavement Inspection Surveys(150 miles)- ► Volume discount due to previous 2018 inspection services Arterial,Local and Alley Street Survey(Walking survey) 1 8 6 188 2 $20,853 Task 4.2a Sidewalk/Curb&Gutter/Curb Ramp Condition Survey(220 miles) Update of Sidewalk Inspection Criteria 1 3 2 2 $1,332 Task 4.2b Update of Sidewalk Management Database 2 12 12 $3,262 Task 4.2c Perform Sidewalk/Curb&Gutter/Curb Ramp Survey(Bucknam) Sidewalk Location/Distress Inventory(Bucknam) 1 14 8 280 1 $31,005 C&G/Curb Ramp Digital Image Inventory-Task 4.2c(RAS) $17,595 Task 4.2d Requested Additional Asset Data Collection Digital Roadway Imaging Set-up,Mobilization and Network Drive(RAS) $36,558 Guardrails/Median Digital Image Inventory-Task 4.2d(RAS) $10,350 Retroreflectively Assessment and Recommendations for O&M $2,960 Task 4.3 Maintenance&CIP/Budgetary Analysis 4 12 4 $3,784 Task 4.4 Asset Management/Pavement Management Reports 4 68 16 24 1 $18,464 Task 4.5 PMP Mapping and GIS Update PMP/Sidewalk/GIS Layers Update/Publication 1 3 16 10 $4,130 Task 4.6 PMP/GIS Training 1 3 $620 Task 4.7 RPV MyRoads PMP Web-Portal $1,200 Reimbursables(printing,materials,mileage) _ $6,800 All deliverables will become property of the City of Rancho Palos Verdes_ All Tasks are negotiable Total Hours per Staff 15 125 73 610 8 Total Base Fee $ 4,425 $ 23,125 $ 10,585 $ 58,560 $ 640 $172,798 I _ Optional Services _ Task 4AC/PCC Cloud-based Al SF calculation I $8,300 Task 4.2d Pavement Markings/Striping Inventory Digital Image Inventory-Task 4.2d(RAS) $24,150 1 Additional services outside of this contract will be negotiated with the City where we will use the Standard Hourly Rate Schedule 1I I I 'Notes/Assumptions: Task 4.2-Digital Roadway Imaging drive miles equates to driving Arterial/Collector road with two passes and Locals with one pass Task 4.2a-Bucknam-RAS assumes inventory exists for majority of sidewalk,curb ramps and medians Task 4.5-Bucknam assumes City has ArcGIS Server 10.3.1&ArcGIS 10.3.1 Desktop Standard or higher Task 4.5-Bucknam will provide final GIS.mpk,.mxd and shapefiles to City GIS staff for publishing within GIS Enterprise Task efforts associated with RAS include 15%Bucknam markup Apo BUCKNAM 'urvse `<"""w""° ocea�,�.a vww INFRASTRUCTURE GROUP,INC 1'l)60111665M w,,„..+.R<om 7-2 Revised 11-18-21 Roadway Asset Management Program and Pavement Management System Update Section I-Scope of Work: The CONSULTANT (Roadway Asset Services, LLC.) shall provide the following services to the OWNER (City of Rancho Palos Verdes, CA): • Mobile data collection and roadway imagery for 150 centerline miles • Right-of-way(ROW) asset inventory and condition assessment for assets maintained by the City Description of the tasks to be performed. 1. Task 1—Field Set-Up, Mobilization, &GPS Network Creation 1.1 Project initiation Upon notice to proceed the CONSULTANT will arrange a kick-off meeting to confirm the project requirements and scheduling. The kick-off meeting will include proposed key personnel and the OWNER's project members. During the meeting, CONSULTANT will present the proposed Project Approach,which includes project equipment,software, methodology,schedules,and deliverables. The proposed approach will be finalized based on the OWNER requirements and decisions during the meeting. CONSULTANT will request that the OWNER provide any existing database, previous inventory of street conditions, road centerlines, Geographic Information System (GIS) layers, and aerial imagery for project use. Project communication protocol, documentation, accounting methodologies, data format,and will be confirmed during the meeting. 1.2 GPS Network Creation CONSULTANT will use the existing centerline data provided by the OWNER and create an asset database based on the centerline layer. Each road segment record in the centerline layer will have a corresponding record in the asset database. The OWNER represents that the City maintains approximately 150 centerline miles of roadway. CONSULTANT will work with the OWNER to maintain the unique identifier of each of the road segments on the OWNER road network so that the asset database can maintain a persistent link to the GIS data. CONSULTANT will provide the OWNER with a GPS"breadcrumb"file of data collection routes and image locations. 1.3 System Setup and Mobilization CONSULTANT will work with the OWNER to review and verify that the data is ready to proceed. 1.4 Project Management CONSULTANT will provide project management for the duration of the project, including coordinating and attending meetings via web meetings or in person with OWNER, data research and collection efforts as required, preparing monthly progress reports, and schedule updates. Task 1 Deliverables: 1. The CONSULTANT will deliver weekly progress reports and schedule updates. 2. The CONSULTANT will provide the CITY with a centerline assessment document for review and approval. 2. Task 2-Collect Street Network The CONSULTANT will collect roadway data and images for the OWNER's 150 centerline miles of roadway using a data collection vehicle. 2.1 Roadway Image Capture The RAS team consists of a driver and operator 14 (CONSULTANT) who will systematically drive the automated data collection vehicle on the road f segment listings provided by the OWNER. T h e _ . i. . CONSULTANT will collect asset data with - two-way roads receiving two passes and one-way --- M+ roads receiving a single pass per lane. --� CONSULTANT proposes to use its collection 00000000,00. vehicle line scan camera with laser illumination and right-of-way cameras to capture ROW images to be used during the asset rating process. 111 Unpaved roads will not be surveyed. Roadway Asset Services (RAS) will perform paved roads data field collection using a state-of-the- art International Cybernetics Corporation (ICC) data collection vehicle with following systems mounted: • Right-of-way georeferenced images with Ladybug 5+ camera: Forward, Left, Right, and 360- degree spherical images • Differentially-corrected GPS(DGPS) with an accuracy of+/-2 feet • Applanix POS/LV 220 to compensate for difficult GPS conditions in urban environments The RAS system collects all right-of-way images, IMU, and DMI data concurrently. Task 2 Deliverables: 1. CONSULTANT will provide Right-of-Way imagery for all segments collected. 3. Task 3 Curb and Gutter Inventory CONSULTANT's ROW collection vehicles will collect right-of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo- referenced to the asset inventory by segment. CONSULTANT will collect the curb and gutter with the following attributes: • "tel ``�` 14001,x,Asset Se,,n, Curb and Gutter Attributes(Linear Feature): • AssetlD • Location (Street Name asset located on) • Photo Image link `' • Physical Condition Rating o Good o Fair o Poor • Painted Color !� 1 , o None o Yellow o Red o Green o Blue / \\ o Other • Comments TASK 3 Deliverables: 1. CONSULTANT will deliver a Curb and Gutter Inventory with attributes identified above in a linear GIS file geodatabase 5. Task 5 Curb Ramps Inventory CONSULTANT's ROW collection vehicles will collect right-of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo-referenced to the asset inventory by segment. CONSULTANT will collect the following: ". Ramps Attributes(Point Feature): • AssetlD • X,Y Location • Intersection (Street Name+Cross Street Name asset located on) • Photo Image link • Physical Condition Rating o Good= ramp is level with no uprooting or cracking o Fair= ramp has minimal uprooting or cracking o Poor= ramp has major uprooting or cracking and poses a hazard to pedestrians • Truncated Dome o Yes o No • Comments TASK 5 Deliverables: 1. CONSULTANT will deliver a Ramp Inventory with attributes identified above in a GIS Point file geodatabase 6. Task 6 Concrete Medians Inventory CONSULTANT's ROW collection vehicles will collect right- of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo- referenced to the asset inventory by segment. CONSULTANT will collect the following: Public Right of Way Mapping Attributes (Polygon Features) 11111111 • AssetlD • Location (Street Name public right-of-way located on) 'r • Photo Image link • Physical Condition Rating o Good o Fair o Poor • Comments TASK 6 Deliverables: 1. CONSULTANT will deliver a public right of way area inventory with attributes identified above in a GIS file geodatabase. 7. Task 7 Guardrails Inventory CONSULTANT's ROW collection vehicles will collect right-of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo- referenced to the asset inventory by segment. CONSULTANT will collect the following: Guardrail attributes(Linear Feature): • AssetlD • Type o Bike/Pedestrian Rail o Cable o Concrete Barrier o Other o W-Beam • Condition o Good-no visible damage o Fair-visible minor damage such as small piece dented o Poor-visible damage caused by vehicle impact,section twisted/bent/down _ -1 __ ��-ch �:' �..:' �.i=f=G Roea..yASS.services • End Treatment Type • Location (Street Name asset located on) • Photo Image link • Length 11111111111111111 TASK 7 Deliverables: 1. CONSULTANT will deliver a guardrail inventory with attributes identified above in a GIS file geodatabase 8. Task 8 Pavement Striping Inventory(Optional) CONSULTANT's ROW collection vehicles will collect right-of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo- referenced to the asset inventory by segment. CONSULTANT will collect the following: Pavement Striping Attributes(Linear Feature): • AssetlD • X,Y Location • Location (Street Name asset located on) • Photo Image link • Type o Continuous Left o Double o Hash o Solid o Stop Bar o Skip o Diagonal o Crosswalk o Other • Striping Color o White o Yellow o Red o Green o Blue o Other • Physical Condition Rating o Good—No cracking visible and not faded o Fair—Minor cracking and minor fading present 1 o Poor — Needs immediate 4-„ ",.• . replacement. Not visible from the , vehicle. . • • Length • Comments y. TASK 8 Deliverables: ..• 1. CONSULTANT will deliver a pavement striping inventory j--_� including crosswalks with attributes identified above in a GIS file ' geodata base 8. Task 8 Pavement Markings Inventory(Optional) CONSULTANT's ROW collection vehicles will collect right-of-way asset inventories. The vehicles will capture images at an interval of approximately 10 to 15 feet for both forward and side-facing directions and geo- referenced to the asset inventory by segment. CONSULTANT will collect the following: Pavement Marking Attributes(Point Feature): • AssetlD • X,Y Location ' • Location (Street Name asset located on) ”'• ' ~ • Photo Image link • Type o Left Arrow o Right Arrow o Straight Arrow o ONLY o SCHOOL o XING o STOP o AHEAD o BUS o Left-thru Arrow o Right-thru Arrow o Bike Icon o BIKE o ENDS o LANE o Bike Diamond o Bike Arrow o Merge Left Arrow o Merge Right Arrow 1.--.>„_-_--- -_`___ yL�_-- --_-- --i, -'>'\ ------4,---- --'75.,- ��? �- i`<� __ ` j` pima &y A_set Serv.Cns o Speed Hump Arrow o Speed Hump Block o SLOW o Left/Right Arrow o Unknown • Marking Color o White o Yellow o Green o Other • Physical Condition Rating o Good—No cracking visible and not faded o Fair—Minor cracking and minor fading present o Poor—Needs immediate replacement. Not visible from the vehicle. • Comments TASK 8 Deliverables: 1. CONSULTANT will deliver a pavement marking inventory with attributes identified above in a GIS file geodatabase City of Rancho Palos Verdes,CA Rdora Roadway Asset Management Program and Pavement Management System Update ROW Asset Inventory Task Description Units Unit Cost Fee 1 Field Set-Up,Mobilization,&GPS Network Creation(lump sum)' 1 58,750 58,750 2 Collect Street Network(Test Mlles)' 192 $120 $23,040 3 Curb and Gutter Inventory(Lane Miles) 300 $45 $13,500 4 Sidewalks Inventory(Lane Miles)'-Task not selected by the City 60 $0 $0 5 Curb Ramps Inventory(Lane Miles)' 60 530 $1,800 6 Concrete Medians Inventory(Lane Miles)' 60 $25 $1,500 7 Guardrails Inventory(Lane Miles) 300 $25 $7,500 8 Pavement Markings&Striping Inventory(Lane Miles)-Optional 300 570 $21,000 9 Roadway Signs Inventory(Lane Miles)-Task not selected by the City 300 $o $0 Total Fee' $77,090 Assumes centerline file will be provided in 015 'Test Miles equate to driving Arterial and Collector roads with two passes and Residential with one pass. 'Assumes inventory exists for majority of the network with approximately 20%growth of new network requiring asset inventory informal c n 'Bill Monthly,lump sum based on percent complete for each task item Bucknam applied a 15% markup to the above RAS fees, shown within base fee submittal (7-Proposed Fee 11- 18-21 rev2). Sc a _ l T ---i----. .1...---..a.-----..01.11111010"--_---1 --~ — - --i -;='<x'--- _ >-r�- `�,_..' Roadway Asset ser.,Kes , '' EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) Added text indicated in bold italics, deleted text indicated in st�4EetliFotigh. [INTENTIONALLY LEFT BLANK] B-1 EXHIBIT "C" SCHEDULE OF COMPENSATION Desmondnonracialprotrtit G6 Mauve Freldl Adnun Tod by Task Manager Technician's) Base Fee $295/hr $185/hr 5145/hr 5%/hr 580/h - Task 1 Kkkotf Meeting PMP Services Task 1.1 Protect Kick-off 2 1 5515 Task 1.2 Project Status Meetings-Duality Control Program 4 4 64 57,464 Quality Control efforts cover PMP,SMP and ROW asset efforts q Task 2 Client Satisfaction Task 21 Project Deliverables 1 4 4 2 1 11,88' Task 3 Project Schedule Task 3.1 Work Flow/Project Schedule 2 3 8 3 52,153 Task 4 Scope of Work Task 4.1 Roadway Asset/PMP Work History Update Pavement Work History Data Entry l 1 16 51,866 Task 4.2 Pavement Inspection Surveys(150 miles)- , .m. - Volume discount due to previous 2018 inspection senores Arterial,Lora.and Alley Street Survey(Walking survey) 1 8 6 188 2 120,853 Task 4.2a Sidewalk/Cur Is&Gutter/Curb Ramp Condition Survey(220 mies) Update of Sidewalk Inspection Criteria 1 3 2 2 51,332 Task 4.26 Update of Sidewalk Managwnant Database 2 12 12 53,262 Task 4.2c Perform Sidewalk/Crab&fatter I Curb Ramp Survey(Br ckmaiml Sidewalk location/Distress kwentory(Budnaml 1 14 a 280 1 531,005 CAG/Curb Ramp Digital linage Inventory-Task 4.2c(RAS) 517,595 Task 4.2d Requested Additional Asset Data Collection Digital Roadway Imaging Set-up,Mobilisation and Network Drive(RAS) 536,558 Guardraas/Megan Digital maga Inventory-Task 4 2d)RAS) $10,350 Retroreflectrvely Assessment and Recommendations for 01M 52,960 Task 4.3 Maintenance&CIP/Budgetary Analysis 4 12 4 53,784 Task 4 4 Asset Management/Pavement Management Reports 4 68 16 24 1 518,464 Task 4 5 PMP Mapping and GIS Update PMP/Sidewalk/GIS layers Update/Pubrcaton 1 3 16 10 54,130 Task 4.6 PMP/GIS Training 1 3 5620 Task 4 7 RPV MyRoads PMP Web-Portal 51,200 Rembursables(prntmg,mamas,meeagel 56,800 All dein/ambles will become property of the City of Rancho Palos Verdes All Tasks are negotiable Tod Hours per Staff 15 125 73 610 8 Total Base Fee S 4,123 5 23,125 5 10,585 5 58,560 5 640 $171,798 Optional Services Task 4.2 AC/PCC Cloud-based Al SF calculation $8,300 Task 4.2d Pavement Markings/Sbipng Inventory Digital Wage Inventory-Task 4.2d IRAS/ _ 224,150 1 Additional services outside of this contract veal be negotiated with d»City where word use the Standard Homy Rate Schedule }- 'Notes/Asir/motions: Task 4.2-Digital Roadway Imaging dove miles equates to dmng Artesia:/Co<lector road with two passes and Loots web one pass Task 4.2a-Bucknam-RAS assumes inventory errs for malonry of sidewalk,curb ramps and medians Task 4.5-Bucknam assumes City has ArcGIS Server 10 3.11 ArcGIS 10 3.1 Desktop Standard or higher Task 4.5-Budnam will provide fear GIS.moa,m.,d and shapefr es to City GIS staff for publishers within GIS Enterprise Task efforts associated*Mt RAS include 15%Bucknam markup C-I EXHIBIT "D SCHEDULE Draft Report Final Report Pavement Management System—triennial update 3/1/2022 5/1/2022 Sidewalks Assessment 3/1/2022 5/1/2022 Guardrail Assessment 3/1/2022 5/1/2022 Traffic Signs Assessment (Retroreflectivity) 3/1/2022 5/1/2022 D-1