Loading...
HomeMy WebLinkAbout07 - Pavement Management Program UpdateCITY OF NEWPORT BEACH CITY COUNCIL STAFF REPORT Agenda Item No. 7 September 23, 2008 TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Public Works Department Andy Tran 949 - 644 -3315 or atran @city.newport - beach.ca.us SUBJECT: PAVEMENT MANAGEMENT PROGRAM UPDATE - APPROVAL OF PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. RECOMMENDATIONS: Approve a Professional Services Agreement with Bucknam & Associates, Inc., of Laguna Niguel, California, to update the City's Pavement Management Program (PMP) at a not to exceed price of $68,038.00 and authorize the Mayor and City Clerk to execute the Agreement. DISCUSSION: The City's current PMP was developed in 1997 by Berryman & Henigar. Orange County Transportation Authority (OCTA) requires local agencies to inspect and report roadway pavement conditions once every two years in order to maintain eligibility for Measure M Turnback funds. Since inception of the PMP, staff has been performing the pavement inspections. The PMP database is regularly updated with inspection findings and completed pavement rehabilitation projects. The City's PMP was originated over 10 years ago and has not been re- calibrated since inception. In order to improve accuracy and reliability of this important planning tool, the PMP database needs be verified and calibrated. The completion of this update will enhance the credibility of the PMP and improve the acccuracy of forecasted maintenance. Staff considered three firms to provide professional engineering services for this project. The three firms were (1) Bucknam & Associates (2) Nichols Consulting Engineers and (3) Bureau Veritas. We received proposals from Bucknam & Associate and Nichols Consulting Engineers. Bucknam and Associates was chosen based upon firm qualifications, extensive pavement management experience, familiarity with the City's and OCTA's Pavement Management Software Program, project understanding, and aggressive project schedule. PMP Update — Approval of PSA with Sucknam & Associates September 23, 2006 Page 2 The proposed not to exceed professional engineering services fee is $68,038.00. The scope of professional services will include: • Inventory and review PMP and street network • Verify updates to PMP with recently completed rehabilitation activities • Field pavement condition survey (inspection) of all public streets and alleys • Update and calibrate PMP database • Develop recommended pavement improvement projects based on Pavement Condition Index (PCI) and budget criteria • Establish a 7 -year slurry seal program for residential streets • Provide training to City staff • Link PMP to the City GIS system Environmental Review: Engineering design services are not projects as defined by the California Environmental Quality Act (CEQA) Implementing Guidelines. Funding Availability: There are sufficient funds available in the following account for the project: Account Description Measure M Turnback Prepared by: Andy Tr n, P.E. Senior Civil Engineer Account Number 7281- C2002023 Total Submitted by: Attachment: Professional Services Agreement Amount $ $68,038.00 $ $68,038.00 Badum s Director PROFESSIONAL SERVICES AGREEMENT WITH BUCKNAM & ASSOCIATES, INC. FOR PAVEMENT MANAGEMENT PROGRAM UPDATE THIS AGREEMENT is made and entered into as of this _ day of 200_, by and between the CITY OF NEWPORT BEACH, a Municipal Corporation ( "City "), and BUCKNAM & ASSOCIATES, INC., a California Corporation whose address is 30131 Town Center Drive, Suite 295, Laguna Niguel, California, 92677 ( "Consultant'), and is made with reference to the following: RECITALS A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of City. B. City is planning to update the existing Pavement Management Program. C. City desires to engage Consultant to perform pavement inspection and calibrate the existing Pavement Management Program ( "Project'). D. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement. E. The principal member of Consultant for purposes of Project, shall be Peter J. Bucknam, Vice President. F. City has solicited and received a proposal from Consultant, has reviewed the previous experience and evaluated the expertise of Consultant, and desires to retain Consultant to render professional services under the terms and conditions set forth in this Agreement. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM The term of this Agreement shall commence on the above written date, and shall terminate on the 31st day of December, 2011, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall diligently perform all the services described in the Scope of Services attached hereto as Exhibit A and incorporated herein by reference. The City may elect to delete certain tasks of the Scope of Services at its sole discretion. 3. TIME OF PERFORMANCE Time is of the essence in the performance of services under this Agreement and Consultant shall perform the services in accordance with the schedule included in Exhibit A. The failure by Consultant to strictly adhere to the schedule may result in termination of this Agreement by City. Notwithstanding the foregoing, Consultant shall not be responsible for delays due to causes beyond Consultant's reasonable control. However, in the case of any such delay in the services to be provided for the Project, each party hereby agrees to provide notice to the other party so that all delays can be addressed. 3.1 Consultant shall submit all requests for extensions of time for performance in writing to the Project Administrator not later than ten (10) calendar days after the start of the condition that purportedly causes a delay. The Project Administrator shall review all such requests and may grant reasonable time extensions for unforeseeable delays that are beyond Consultant's control. 3.2 For all time periods not specifically set forth herein, Consultant shall respond in the most expedient and appropriate manner under the circumstances, by either telephone, fax, hand - delivery or mail. 4. COMPENSATION TO CONSULTANT City shall pay Consultant for the services on a time and expense not -to- exceed basis in accordance with the provisions of this Section and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein by reference. Consultant's compensation for all work performed in accordance with this Agreement, including all reimbursable items and subconsultant fees, shall not exceed Sixty -Eight Thousand Thirty Eight Dollars and no /100 ($68,038.00) without prior written authorization from City. No billing rate changes shall be made during the term of this Agreement without the prior written approval of City. 4.1 Consultant shall submit monthly invoices to City describing the work performed the preceding month. Consultant's bills shall include the name of the person who performed the work, a brief description of the services performed and /or the specific task in the Scope of Services to which it relates, the date the services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. City shall pay Consultant no later than thirty (30) days after approval of the monthly invoice by City staff. 4.2 City shall reimburse Consultant only for those costs or expenses specifically approved in this Agreement, or specifically approved in writing in advance by City. Unless otherwise approved, such costs shall be limited and include nothing more than the following costs incurred by Consultant: I: A. The actual costs of subconsultants for performance of any of the services that Consultant agrees to render pursuant to this Agreement, which have been approved in advance by City and awarded in accordance with this Agreement. B. Approved reproduction charges. C. Actual costs and /or other costs and /or payments specifically authorized in advance in writing and incurred by Consultant in the performance of this Agreement. 4.3 Consultant shall not receive any compensation for Extra Work performed without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by City to be necessary for the proper completion of the Project, but which is not included within the Scope of Services and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set forth in Exhibit B. 5. PROJECT MANAGER Consultant shall designate a Project Manager, who shall coordinate all phases of the Project. This Project Manager shall be available to City at all reasonable times during the Agreement term. Consultant has designated Peter J. Bucknam to be its Project Manager. Consultant shall not remove or reassign the Project Manager or any personnel listed in Exhibit A or assign any new or replacement personnel to the Project without the prior written consent of City. City's approval shall not be unreasonably withheld with respect to the removal or assignment of non -key personnel. Consultant, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Consultant warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. 6. ADMINISTRATION This Agreement will be administered by the Public Works Department. ANDY TRAN shall be the Project Administrator and shall have the authority to act for City under this Agreement. The Project Administrator or his /her authorized representative shall represent City in all matters pertaining to the services to be rendered pursuant to this Agreement. 7. CITY'S RESPONSIBILITIES In order to assist Consultant in the execution of its responsibilities under this Agreement, City agrees to, where applicable: 3 A. Provide access to, and upon request of Consultant, one copy of all existing relevant information on file at City. City will provide all such materials in a timely manner so as not to cause delays in Consultant's work schedule. B. Provide blueprinting and other services through City's reproduction company for bid documents. Consultant will be required to coordinate the required bid documents with City's reproduction company. All other reproduction will be the responsibility of Consultant and as defined above. C. Provide usable life of facilities criteria and information with regards to new facilities or facilities to be rehabilitated. 8. STANDARD OF CARE 8.1 All of the services shall be performed by Consultant or under Consultant's supervision. Consultant represents that it possesses the professional and technical personnel required to perform the services required by this Agreement, and that it will perform all services in a manner commensurate with community professional standards. All services shall be performed by qualified and experienced personnel who are not employed by City, nor have any contractual relationship with City. By delivery of completed work, Consultant certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws and the professional standard of care. 8.2 Consultant represents and warrants to City that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualifications, insurance and approvals of whatsoever nature that is legally required of Consultant to practice its profession. Consultant shall maintain a City of Newport Beach business license during the term of this Agreement. 8.3 Consultant shall not be responsible for delay, nor shall Consultant be responsible for damages or be in default or deemed to be in default by reason of strikes, lockouts, accidents, or acts of God, or the failure of City to furnish timely information or to approve or disapprove Consultant's work promptly, or delay or faulty performance by City, contractors, or governmental agencies. 9. HOLD HARMLESS To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, agents, volunteers and employees (collectively, the "Indemnified Parties) from and against any and all claims (including, without limitation, claims for bodily injury, death or damage to property), demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties, liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court costs) of every kind and nature whatsoever (individually, a Claim; collectively, "Claims "), which may arise from or in any manner relate (directly or indirectly) to the negligence, recklessness, or willful misconduct of the Consultant or its principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors, anyone employed directly or indirectly by any of them or for whose acts they may be liable or any or all of them. Notwithstanding the foregoing, nothing herein shall be construed to require Consultant to indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence or willful misconduct of the Indemnified Parties. Nothing in this indemnity shall be construed as authorizing any award of attorney's fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Consultant. 10. INDEPENDENT CONTRACTOR It is understood that City retains Consultant on an independent contractor basis and Consultant is not an agent or employee of City. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the expressed terms of this Agreement. Nothing in this Agreement shall be deemed to constitute approval for Consultant or any of Consultant's employees or agents, to be the agents or employees of City. Consultant shall have the responsibility for and control over the means of performing the work, provided that Consultant is in compliance with the terms of this Agreement. Anything in this Agreement that may appear to give City the right to direct Consultant as to the details of the performance or to exercise a measure of control over Consultant shall mean only that Consultant shall follow the desires of City with respect to the results of the services. 11. COOPERATION Consultant agrees to work closely and cooperate fully with City's designated Project Administrator and any other agencies that may have jurisdiction or interest in the work to be performed. City agrees to cooperate with the Consultant on the Project. 12. CITY POLICY Consultant shall discuss and review all matters relating to policy and Project direction with City's Project Administrator in advance of all critical decision points in order to ensure the Project proceeds in a manner consistent with City goals and policies. 13. PROGRESS Consultant is responsible for keeping the Project Administrator and /or his /her duly authorized designee informed on a regular basis regarding the status and 5 progress of the Project, activities performed and planned, and any meetings that have been scheduled or are desired. 14. INSURANCE Without limiting Consultant's indemnification of City, and prior to commencement of work Consultant shall obtain, provide and maintain at its own expense during the term of this Agreement, a policy or policies of liability insurance of the type and amounts described below and in a form satisfactory to City. A. Certificates of Insurance. Consultant shall provide certificates of insurance with original endorsements to City as evidence of the insurance coverage required herein. Insurance certificates must be approved by City's Risk Manager prior to commencement of performance or issuance of any permit. Current certification of insurance shall be kept on file with City at all times during the term of this Agreement. B. Signature. A person authorized by the insurer to bind coverage on its behalf shall sign certification of all required policies. C. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance in the State of California, with an assigned policyholders' Rating of A (or higher) and Financial Size Category Class VII (or larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager. D. Coverage Requirements. i. Workers' Compensation Coverage. Consultant shall maintain Workers' Compensation Insurance and Employer's Liability Insurance for his or her employees in accordance with the laws of the State of California. In addition, Consultant shall require each subcontractor to similarly maintain Workers' Compensation Insurance and Employer's Liability Insurance in accordance with the laws of the State of California for all of the subcontractor's employees. Any notice of cancellation or non - renewal of all Workers' Compensation policies must be received by City at least thirty (30) calendar days (10 calendar days written notice of non- payment of premium) prior to such change. The insurer shall agree to waive all rights of subrogation against City, its officers, agents, employees and volunteers for losses arising from work performed by Consultant for City. ii. General Liability Coverage. Consultant shall maintain commercial general liability insurance in an amount not less than one million dollars ($1,000,000) per occurrence for bodily injury, personal injury, and property damage, including without limitation, contractual liability. If commercial general liability insurance or 0 other form with.a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement, or the general aggregate limit shall be at least twice the required occurrence limit. iii. Automobile Liability Coverage. Consultant shall maintain automobile insurance covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with work to be performed under this Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an amount not less than one million dollars ($1,000,000) combined single limit for each occurrence. iv. Professional Errors and Omissions Insurance. Consultant shall maintain professional errors and omissions insurance, which covers the services to be performed in connection with this Agreement in the minimum amount of two million dollars ($1,000,000). E. Endorsements. Each general liability and automobile liability insurance policy shall be endorsed with the following specific language: i. The City, its elected or appointed officers, officials, employees, agents and volunteers are to be covered as additional insureds with respect to liability arising out of work performed by or on behalf of the Consultant. ii. This policy shall be considered primary insurance as respects to City, its elected or appointed officers, officials, employees, agents and volunteers as respects to all claims, losses, or liability arising directly or indirectly from the Consultant's operations or services provided to City. Any insurance maintained by City, including any self- insured retention City may have, shall be considered excess insurance only and not contributory with the insurance provided hereunder. iii. This insurance shall act for each insured and additional insured as though a separate policy had been written for each, except with respect to the limits of liability of the insuring company. iv. The insurer waives all rights of subrogation against City, its elected or appointed officers, officials, employees, agents and volunteers. V. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to City, its elected or appointed officers, officials, employees, agents or volunteers. vi. The insurance provided by this policy shall not be suspended, voided, canceled, or reduced in coverage or in limits, by either party except after thirty (30) calendar days (10 calendar days 7 written notice of non - payment of premium) written notice has been received by City. F. Timely Notice of Claims. Consultant shall give City prompt and timely notice of claim made or suit instituted arising out of or resulting from Consultant's performance under this Agreement. G. Additional Insurance. Consultant shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS Except as specifically authorized under this Agreement, the services to be provided under this Agreement shall not be assigned, transferred contracted or subcontracted out without the prior written approval of City. Any of the following shall be construed as an assignment: The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant if Consultant is a partnership or joint- venture or syndicate or cotenancy, which shall result in changing the control of Consultant. Control means fifty percent (50 %) or more of the voting power, or twenty -five percent (25 %) or more of the assets of the corporation, partnership or joint- venture. 16. SUBCONTRACTING The parties recognize that a substantial inducement to City for entering into this Agreement is the professional reputation, experience and competence of Consultant. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of City. Consultant shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of City. 17. OWNERSHIP OF DOCUMENTS Each and every report, draft, map, record, plan, document and other writing produced (hereinafter "Documents'), prepared or caused to be prepared by Consultant, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of City, and City shall have the sole right to use such materials in its discretion without further compensation to Consultant or any other party. Consultant shall, at Consultant's expense, provide such Documents to City upon prior written request. Documents, including drawings and specifications, prepared by Consultant pursuant to this Agreement are not intended or represented to be suitable for reuse by City or others on any other project. Any use of completed Documents for other projects and any use of incomplete Documents without specific written authorization from Consultant will be at City's sole risk and without liability to Consultant. Further, any and all liability arising out of changes made to Consultant's deliverables under this Agreement by City or persons other than Consultant is waived against Consultant and City assumes full responsibility for such changes unless City has given Consultant prior notice and has received from Consultant written consent for such changes. 18. CONFIDENTIALITY All Documents, including drafts, preliminary drawings or plans, notes and communications that result from the services in this Agreement, shall be kept confidential unless City authorizes in writing the release of information. 19. OPINION OF COST Any opinion of the construction cost prepared by Consultant represents his /her judgment as a design professional and is supplied for the general guidance of City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to City. 20. INTELLECTUAL PROPERTY INDEMNITY The Consultant shall defend and indemnify City, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in Consultant's drawings and specifications provided under this Agreement. 21. RECORDS Consultant shall keep records and invoices in connection with the work to be performed under this Agreement. Consultant shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to City, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable. Consultant shall allow a representative of City to examine, audit and make transcripts or copies of such records and invoices during regular business hours. Consultant shall allow inspection of all work, data, Documents, proceedings and activities related to the Agreement for a period of three (3) years from the date of final payment to Consultant under this Agreement. 22. WITHHOLDINGS City may withhold payment to Consultant of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. Consultant shall not discontinue work as a result of such withholding. Consultant ['] shall have an immediate right to appeal to the City Manager or his /her designee with respect to such disputed sums. Consultant shall be entitled to receive interest on any withheld sums at the rate of return that City earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld. 23. ERRORS AND OMISSIONS In the event of errors or omissions that are due to the negligence or professional inexperience of Consultant which result in expense to City greater than what would have resulted if there were not errors or omissions in the work accomplished by Consultant, the additional design, construction and /or restoration expense shall be borne by Consultant. Nothing in this paragraph is intended to limit City's rights under the law or any other sections of this Agreement. 24. CITY'S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves the right to employ other Consultants in connection with the Project. 25. CONFLICTS OF INTEREST The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act "), which (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest. If subject to the Act, Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by City. Consultant shall indemnify and hold harmless City for any and all claims for damages resulting from Consultant's violation of this Section. 26. NOTICES All notices, demands, requests or approvals to be given under the terms of this Agreement shall be given in writing, and conclusively shall be deemed served when delivered personally, or on the third business day after the deposit thereof in the United States mail, postage prepaid, first -class mail, addressed as hereinafter provided. All notices, demands, requests or approvals from Consultant to City shall be addressed to City at: 10 Attn: Andy Tran, Senior Civil Engineer Public Works Department City of Newport Beach 3300 Newport Boulevard Newport Beach, CA, 92663 Phone: 949 - 644 -3315 Fax: 949 - 644 -3308 All notices, demands, requests or approvals from CITY to Consultant shall be addressed to Consultant at: Attn: Peter J. Bucknam Bucknam & Associates, Inc. 30131 Town Center Drive, Suite 295 Laguna Niguel, CA 92677 Phone: 949 - 363 -6461 Fax: 949 - 363 -6505 27. TERMINATION In the event that either party fails or refuses to perform any of the provisions of this Agreement at the time and in the manner required, that party shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) calendar days, or if more than two (2) calendar days are reasonably required to cure the default and the defaulting party fails to give adequate assurance of due performance within two (2) calendar days after receipt of written notice of default, specifying the nature of such default and the steps necessary to cure such default, and thereafter diligently take steps to cure the default, the non - defaulting party may terminate the Agreement forthwith by giving to the defaulting party written notice thereof. Notwithstanding the above provisions, City shall have the right, at its sole discretion and without cause, of terminating this Agreement at any time by giving seven (7) calendar days prior written notice to Consultant. In the event of termination under this Section, City shall pay Consultant for services satisfactorily performed and costs incurred up to the effective date of termination for which Consultant has not been previously paid. On the effective date of termination, Consultant shall deliver to City all reports, Documents and other information developed or accumulated in the performance of this Agreement, whether in draft or final form. 28. COMPLIANCE WITH ALL LAWS Consultant shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by Consultant shall conform to applicable City, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator and City. 11 29. WAIVER A waiver by either party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 30. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions herein. 31. CONFLICTS OR INCONSISTENCIES In the event there are any conflicts or inconsistencies between this Agreement and the Scope of Services or any other attachments attached hereto, the terms of this Agreement shall govern. 32. INTERPRETATION The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either party by reason of the authorship of the Agreement or any other rule of construction which might otherwise apply. 33. AMENDMENTS This Agreement may be modified or amended only by a written document executed by both Consultant and City and approved as to form by the City Attorney. 34. SEVERABILITY If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 35. CONTROLLING LAW AND VENUE The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange. 12 36. EQUAL OPPORTUNITY EMPLOYMENT. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex or age. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the day and year first written above. APPR VED AS TO FORM: City A torney for the City of Newport Beach ATTEST: By: LaVonne Harkless, City Clerk CITY OF NEWPORT BEACH, A Municipal Corporation By: Mayor for the City of Newport Beach CONSULTANT: By: (Corporate Officer) Title: Print Name: 0 (Financial Officer) Title: Print Name: Attachments: Exhibit A — Scope of Services Exhibit B — Schedule of Billing Rates f:lusems pbMsharedlagreementslfy 08- 09%bucknam - pmp updatelbucknam -pmp updale.doc 13 rxhibl t '' A '► ,�BtV Pp$ Scope of Services r 4 "!4r�ros" -n Project Approach The City of Newport Beach has recognized the need to continually improve the approach used for managing its pavement network. The City is currently using MicroPAVER 6.0 software to manage pavement data that has been collected over the past seven plus years. Our Project Manager, Mr. Peter Bucknam has worked with MicroPAVER for over ten years within Southern California covering over 40 projects. Mr. Bucknam is a team builder, he will build strong and frequent communication between Public Works, Maintenance and GIS staff to ensure project success and achievable long -term management goals for the City's Pavement Management Program. Additionally, he will be bringing ten -plus years of managing Orange County agencies through MicroPAVER to the City. We are confident that we can meet and exceed the City's projected timeline to complete this project (submittal of Final CIP report by February 2009). We have developed project objectives that will: Assess and implement all recent work history maintenance data r Assess all previous maintenance strategies, maintenance contracts and MicroPAVER tables to establish a current and viable PMP Determine the pavement network PCI condition status for all streets using recent inspections, work history events & deterioration models thus reducing project costs •: Enhance pavement rehabilitation/maintenance recommendations of each street segment Enhancelestablish pavement rehabilitation/maintenance recommendations within each defined residential zone based on 2008 pavement conditions Recommend strategies for alternative construction methods; Scope of Services TASK 1: Project Kickoff - PMP Research /Data Collection Inventory & Review PMP and Street Network The success of a pavement management program truly resides in frequent communication and timely scheduled data updates and for the City of Newport Beach it will be essential to establish, up front, the City's immediate 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, finalization of the scope of work and the review of schedule and budget. The first key topics to be discussed will include the review and assessment of the existing MicroPAVER pavement plan/data, survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, and desired service levels. This will include the review of the City's "Development of a Citywide Pavement Management Program Final Report (October 1997) " including other PMP related addendums and reports that may have been submitted since 1997, as well as, the review of recent city conducted inspections and completed maintenance projects. City of Newport Beach C -1 Pavement Management Program 2008 Scope of Services W The first step in conducting the pavement condition assessment will be to validate and confirm the inventory segmentation criteria for the City's pavement network. This will be based on the information obtained from the City and the existing database and act as an initial quality control for standard street naming conventions. It will be essential to review the City's existing alley database as well as City's 2007 -2008 pavement condition index report (which we have in- hand); We will confirm all segmentation with City project staff prior to survey. Our project manager is trained in the most recent version of MicroPAVER 6.0.1 and will bring recommendations based on the new MicroPAVER tools to the City and this project. TASK Ia: Update Maintenance and Rehabilitation Activities Based on the pavement maintenance that has been performed by in -house staff as well as contractual maintenance, our staff will review all activities that have been performed since the last major PMP effort. This data will be entered into MicroPAVER to enhance the accuracy and recommendations for the upcoming budgetary analysis and CIP reporting. Deliverable: Meeting minutes, project goals, action items, revised project schedule TASK 2: Safety and Quality Control Program Quality Control (QC), Status Meetings and Progress Reports We will use a statistical sampling approach for measuring the quality of our field technician's work. In this manner, 10 percent (26 miles) of the original surveys will be re- surveyed by a independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys. Our QC process involves checking the field crews' work in a "blind study" fashion. Quality control checks will be performed at the end of each work week during the survey efforts. This will be done to ensure that all field personnel are properly categorizing the distresses and that correct pavement quantities are established for all street segments. Since we are collecting distress information o0 our field Tablets with the Newport Beach MicroPAVER database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of Newport Beach's street distress data. This will ensure that all system and analysis settings as well as City recommendations and standards are programmed correctly. • Minimum of three meetings during the project (kickoff, field, and status meetings) • Monthly progress status reports will be delivered to City project manager City of Newport Beach C -2 Pavement Management Program 2008 Scope of Services Registered Engineer 9 Mr. Steve Bucknam, P.E. will supervise all operations, review all completed data and prepare and sign a final report incorporating the results of our pavement evaluation and conditions. We will provide engineered recommendations for pavement rehabilitation and replacement design based upon field data and analysis. TASK 3: Pavement Condition Survey Once the pavement network to be surveyed has been verified, the inspection of approximately 263 centerline miles will be surveyed (this includes alleys). Distress types will be collected based upon actual surface conditions and physical characteristics of the segment. Surveying methods will be conducted by remaining consistent with MicroPAVER & the Army Corp of Engineers (ACOE) sampling guidelines while being flexible to current City practices. We use a mixture of windshield and walking survey based on the street conditions found and street functional classifications. If the City has an available high- resolution aerial (approx. 3 "), we will use it to verify street measurements, this will greatly increase survey times and project schedules. If no aerial is available, we will verify segment areas through the City's GIS data and/or our quality control efforts in the field. Our first priority will be pavement condition analysis on the City's Arterial and Collectors to ensure that we assist the City in satisfying the Orange County Transportation Authority (OCTA) Measure M Tumback funding requirements. We will use the City's maps generated from Task 1 and database to survey the Arterial and Collector streets. Residential streets will be analyzed in a similar fashion; we will use the working maps from Task 1 to survey the required streets. The survey will be performed by a Bucknam & Associates team that brings a combined 25 years of MicroPAVER inspection experience to the City and has worked under Mr. Peter Bucknam for over ten years. Our use of MicroPAVER- Tablet units allows our staff to collect pavement data with the City of Newport Beach's MicroPAVER database live in the field. At the end of the day all date is transferred to our office for quality control and management. This functionality sets us apart from the competition where we are spending less man -hours to enter the data using the Tablets, while in turn using those man - hour savings to enhance other portions of the project such as CIP reporting, MicroPAVER training, on -call services, etc. A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below: 1. Field Attribute Data (updated and/or verified) From/to, indicating the assigned limits of the section, street name, a street codification Street classification indicating i.e. local, arterial, or collector, # of lanes, surface type PCI tracking of historical values from previous inspections and 2008 PCI inspections Segment quantities, indicating the length, width, and total true area of the section Structural sections (if available from previous reports or City documents) City of Newport Beach C -3 Pavement Management Program 2008 Scope of Services �''g W Ppk A F :Ki lYQgH�4 We welcome staff members from the City of Newport Beach to join any portion of our survey efforts. Condition data will be evaluated for all street segments and shall include the following condition characteristics: ACOE Pavement 19 AC & PCC distresses by type, severity and area Pavement Condition Index (PCI), taking into account the surface condition, level of distress. The PCI value ranges between 0 -100, with 100 indicating new pavement. Other known or found issues (standing water, etc) To comply with the City's request that an inspection sheet be filled out for each survey, we have discussed and ensured, with the City's Project Manager, that MicroPAVER gives the user the ability to print out all inspection entries and found distresses. Our staff will input all collected pavement data into the City's most current licensed software (we will assist the City in obtaining the most recent version of MicroPAVER if the City has not already done so). Using this software, all items listed above will be maintained by our staff for the duration of this project. All data management will be performed in -house at our Laguna Niguel office using the software's most recent version release. From there we will coordinate with your staff to implement the new files within your information services /communication network. Section Distress and PCI Reporting Once inspections are completed, we will generate a draft Pavement Condition Index (PCI) Report for City staff to review. Upon completion of the pavement condition survey and City review of the draft PCI report, we will prepare a report that documents the condition of all inventoried pavement segments. The City and our staff will review these reports to ensure that all inventory data is correct and the project is running smoothly. Deliverable: Project status — quality control (monthly), draft PCI report. TASK 4: PMP Database Calibration As the project surveys are conducted and through our weekly quality control inspection efforts, we will be able to provide the City current status on any PCI variances that are found from the previous City inspections and our current 2008 inspections. Any major PCI discrepancies (greater than 10) will be identified and assessed. Additionally, during our field surveys our field technicians will be verifying and/or editing pavement section widths, true areas, limits, etc. to ensure that the Newport Beach MicroPAVER PMP database is accurate and calibrated. A final database will be delivered to the City in MicroPAVER (.mdb) format; our staff will install the new database within the City with assistance from the City's IT staff. City of Newport Beach C4 Pavement Management Program 2008 ry,wpp�,r Scope of Services E. 'rflix4gY`f DEVELOP RECOMMENDED IMPROVEMENT PROGRAM TASK 5: Maintenance & CIP /Budgetary Analysis We will assist the City in developing the most cost - effective preventative maintenance, repair and rehabilitation strategies possible as well as, optimize the City's Maintenance program. This will be accomplished by meeting with the City to discuss and strategize on maintenance activities that would be applicable to the City. Based on the City's current AC & PCC applications and other maintenance practices used we will conduct an historical and prospective analysis on the conditional and financial impact these practices have on the pavement network. Based on our findings, we will present the results and recommendations to City staff for consideration. This analysis will become an essential building block for the 2008 Maintenance program review and implementation. We will establish a maintenance "decision tree" that will be used to generate pavement recommendations that match current 2008 maintenance approaches. The pavement software will generate a deterioration curve based on functional class (arterial, residential, industrial) and age. Our staff will review the City of Newport Beach's deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class. The curves will be modified based on local pavement conditions present at the time of the survey. The strategies that are typically reviewed and included are rehabilitation and reconstruction (R &R), localized maintenance, grinding, slurry seals, AC on PCC and overlay, the expected improvement in pavement condition, the life-cycle extension that would result and the unit costs for maintenance. All maintenance practices/unit costs will be integrated into PMS and will be derived from the review of the most recent construction bids for pavement rehabilitation and will account for inflation when long -term projections are made through the program software. Out staff; .ualio; review and editieStRh%fi'res dential maintemmee zones that will allow the City to proactively scheduleloeuhzed :maintenance efforts throughout the .upcomiug :14 -year CIP. Deliverable: Project meeting minutes, summary report of maintenance and budgets Recommended Improvement Program / Priority Listing Reports Our Project Manager and Principal will work closely with City staff in defining repair and rehabilitation strategies during each fiscal year (i.e. 2008 - 2018). Once the repair /rehabilitation strategies have been defined, the software will be used to identify the recommended maintenance and rehabilitation projects for each street over a given period of time, which will cover a multi- year CIP schedule. The recommended budget scenarios and needs will be identified on the basis of several criteria: : Present pavement conditions; Desired levels of service and available resources :` Cost benefit of individual strategies (i.e. reach a PCI of 80 in 10- years, current $multi- million budget, maintain PCI budget and $constrained budget) :• Consistent scheduling with the City's Slurry Seal Program and other construction projects (water, sewer, utilities, assessment districts, etc.) City of Newport Beach C -5 Pavement Management Program 2008 Scope of Services r 1: Accrued backlog levels and stabilization of maintenance backlog :• Future routine and major maintenance needs based on projected deterioration rates o` Future OCTA and AHRP objectives and goals and improving citywide weighted PCI The primary emphasis of this task is to maximize the programming of street maintenance projects using the most cost - effective strategies available and taking into account a life -cycle cost analysis of each strategy recommended. A working "draft" Final Report will be generated for City staff to review. This report will include an executive summary, the Pavement Condition Report as well as a summary of our findings from generating the actual and proposed budget scenarios. It will also include: °.• Priority listings (PCI's from 100 -0) :• Multi -Year CIP identifying arterial and residential maintenance (per section) recommendations (slurry, overlay, recon, etc.) associated with a construction cost V Recommendations for neighborhood residential maintenance in "groupings" or zones. :• Executive Summary and Methodologies used Deliverable: Project meeting minutes, summary report of budget scenarios TASK 6: OCTA Reports / Citywide CIP Report Based on the City staffs review and comments of the Draft Final Report we will deliver the Final Report to the City which will be technically useful for staff reference and presented in a way that is beneficial for elected officials /upper management. The Final Pavement Management Program Report will provide a summary of the findings from the condition survey with the corresponding recommendations for the implementation of the most cost - effective maintenance program each year. This report will assist the City in complying with OCTA and its most recent requirements. The report will be prepared in a format that uses the information found in the computerized PMP reports in conjunction with the information and analyses performed by our team. City staff will supply a list of the projects that should be included in the study. The report will also provide the City with information on: Current inventory and pavement conditions indices (PCI) shown in digital tabular format for all road classes and surface types (pavement condition report, priority listings) Projected annual repair /rehabilitation programs for street maintenance, for each street, for the 10 -year period (Forecast Maintenance Report) that demonstrates the largest return on investment and brings pavement conditions to an acceptable level Demonstration /comparison of budget scenarios (i.e. maintain current PCI; reach a PCI of 80 within ten years, constrained, etc.) Strategies and recommendations for the City's Maintenance programs and procedures, including a preventative maintenance schedule a Supporting documentation required by OCTA City of Newport Beach C -6 Pavement Management Program 2008 :s9.�PPq,¢h Scope of Services ��' [`�StFOC1L14 a A detailed breakdown of deferred maintenance (backlog) which will allow the City to measure and understand its impact to current and future capital projects Per the City's request, we will work closely with City staff in the preparation and presentation of our Final Report (PowerPoint format) to City Council and/or upper management. This will include a study session to City staff and a general presentation for City Council. Deliverable: Three copies (one original) of the Draft Pavement Management Program Report, in binder form, to be reviewed by the City. Three (3) copies of the Final Pavement Management Program Report will be sent once all comments and reviews are completed by City. Digital copies of the final report will also be delivered for the City convenience. Final pavement management database will be installed at City. TASK 7: Pavement Field & Software Training With software use and pavement budget management being one of the top priorities for the City of Newport Beach Public Works department, we will provide City staff with the quality, certified training and necessary skills needed to steward and maintain the PMP. Bucknam & Associates will provide City staff with all collected pavement /GIS data, as well as updated operation manuals for both field data collection and software use. Based on the number of future users, our staff will deliver as many copies as needed by City staff to facilitate the program. Peter Bucknam, who is certified in the use of MicroPAVER, will conduct comprehensive multi -day training sessions covering implementation, interfacing with the system, and editinglupdating the database. This is estimated to consist of a minimum of 12 hours of training. Training typically involves two to three hour sessions held once a week for three to four weeks. There is no minimum or maximum amount of people that can be trained under this methodology. We can train one key individual or an entire classroom using a City training facility pending the City's needs. Condition Survey Training & PMP Software Training Bucknam & Associates will provide training in the ACOE AC and PCC pavement field survey techniques used to inventory the pavement conditions for this project. Public Work, Maintenance and GIS staff will then have a clear understanding of how the system is developed and data recorded. City staff will be versed in the proper procedures for field data collection, thereby ensuring the ability of the City to repeat the pavement survey on its own when the need arises. With the inclusion of key Bucknam & Associates technical staff fluent in pavement software, PMP operations from the public /private sectors and implementation and development, a complete step -by -step training schedule will be established for City staff. At the completion of the training, the City will be able to update each individual portion of the dataset as work requests, schedules, and record edits as needed. The training will include such items as: System operation overview City of Newport Beach C -7 Pavement Management Program 2008 Scope of Services �'�Wroafi�" . ,.q� a Review the process flow of annual activities required to maintain the program specific to the City of Newport Beach :• Annual budget projection reports — PCI report generation Mock replication of annual PMP support activities (e.g., re- inventory office procedures; updating of maintenance costs, strategy assignments, engineering data, and deterioration curves; interpretation and utilization of management reports) : Exhibit preparation. Deliverable: Training materials used in workshops, field survey forms TASK 8: Mapping and GIS Update As an enhancement and proactive approach to this project, our staff will develop and/or update a Pavement -GIS link between the pavement management database and the City's GIS system. As the City continues to mature in its GIS development, programming and use, our understanding of the GIS short-term and long -term goals will play a large part in implementing a successful PMS -GIS link for this project. The maps described below will be incorporated into the City's Final PMP report. We will support the City with GIS services that: Update the City's Pavement Management GIS theme that will include the following information for a given pavement segment: PCI values for every section Work History identifications 10 -yr Arterial Rehabilitation, Residential Rehabilitation and Slurry Seal Programs Functional classification maps Year of construction (if available from the City) Pavement areas, width, length and material type • We will also support the PMS -GIS delivery through the following services: GIS training in respects to teaching City staff in the use of updating the pavement management GIS layer by linking data from MicroPAVER City of Newport Beach C -8 Pavement Management Program 2008 Scope of Services (4PARrt14 Once the City has approved the Pavement Condition Report, our staff will complete the development of all necessary pavement -GIS linkages. By using the unique ID's within the PMS and the City's ArcView shapefile ID's, we will create a one- to-one match for each pavement section in the GIS. As new pavement inspections and data updates are completed the link that we have established will show the most current pavement information through the City's ArcView interface. Deliverable: Complete GIS files /themes based on list above. TASK 9: On -Call Services Pavement Management Program Support Bucknam & Associates will provide annual support for a period of two years where we will provide quality and accurate use of the in -house operation of MicroPAVER software. Once the City has approved the Pavement Condition Index Report under this years work effort, this service will become active. Our typical On -Call services include: ':• Additional budget scenarios, general reporting, deterioration studies ':• Additional visual inspections above the mileage amount indicated in Task 3 ':• Additional pavement management — GIS mapping ':• Additional MicroPAVER training, operation use Also, if requested, Bucknam & Associates will enter yearly pavement maintenance records into the City's PMP system, assess and review the City's upcoming maintenance schedule for that fiscal year. The agreement will continue to include the provision of onsite and telephone support for the City staff. With the combination of City and Bucknam & Associates staff working as a team, pavement management knowledge, and defined project goals, the additional two years of support will be essential to the continued success of this project. Any major tasks above and beyond those mentioned herein will be considered a change in scope; our staff will negotiate additional tasks with the City if the arise. City of Newport Beach C -9 Pavement Management Program 2008 Project Schedule ® Work Flow / Project Schedule Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam & Associates currently has ample staff to apply to this project in order to meet an aggressive schedule (3 to 4 field technicians will drive the proactive schedule). With a completed survey, our team will work with you to establish a PMP that provides specific, manageable pavement segments, detailed maintenance schedules of needed repairs and cost conscious maintenance recommendations that will assist you in preparing budget estimates required to complete the scheduled work for fiscal year 2008 -09 and beyond. Our goal is to have all City comments addressed and included in the Final Report prior to or on February 2009; this will allow for the City to comply with the June 2009 OCTA Measure M Eligibility submittal. City of Newport Beach E -1 Pavement Management Program 2008 Exhibit "B" CITY OF NEWPORT BEACH Pavement Management Program Update 2008 Fee Proposal September 3, 2008 Description Principal Project I Field i Database Admin Total by Manager Technician(s) Programmer; Task Base Fee $250/hr $160/hr! $78 /hr: $120/hr $75 /hr Task 1 Project Kickoff - PMP Research/Data Collection 4' 16 $1,888 Task 1a Update Maintenance and Rehabilitation Activities 1., 16! $1,408 Task 2 :Safety and Quality Control Program 8 32 $3,776 ask 3 ! Pavement Condition Survey (approx. 263 miles) 36; 382 3 $35,781 Task 4 ;PMP Database Calibration 4 8; $1,264 Develop Recommended Improvement Program Task 5 Maintenance & 0P /Budgetary Analysis 1: 401 $6,650 Task 6 OCTA Reports /Citywide Report 1 32; 3 $5,595 Task 7 ;Pavement Field &Software Training .. 12 $1,920 Task 8 Mapping and GIS Update 20' 16 $4,448 Task 9 On -Call Services 16. 16! $3,808 Reimbursables (mileage, printing, materials) $1,500 All deliverables will become property of the City of Newport Beach :All Tasks are negotiable Total Hours per Staff 2; 173 486: 01 6 :Total Base Fee $ 500 $ 27,680 $ 37,908 $ $ 450 $68,038 Additional services outside of this contract will be negotiated with the City where we will use the Standard Hourly Rate Schedule shown here. With services being contracted beyond fiscal year 2008 -09, our hourly rates will increase 5% each fiscal year.