2020/11/18 Bucknam Infrastructure Group, Inc. FY 20/21 Pavement Management DocuSign Envelope ID: F90BA16A-E9AO-43EC-AEEO-3EFA7C8FDB8A
CITY OF MENIFEE
PROFESSIONAL SERVICES AGREEMENT
FY 20/21 PAVEMENT MANAGEMENT PROGRAM SUPPORT SERVICES
THIS PROFESSIONAL SERVICES AGREEMENT("Agreement")is made and effective
this Ind day of Dec. , 2020 ("Effective Date") by and between the CITY OF MENIFEE, a
California municipal corporation, ("City") and Bucknam Infrastructure Group, a California S-
Corporation("Consultant"). City and Consultant may sometimes herein be referred to individually
as a"Party" and collectively as the "Parties."
SECTION 1. SERVICES.
Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to
City the services described in the Scope of Services, attached hereto as Exhibit A and incorporated
herein by this reference (the "Services"). Consultant will perform subsequent task orders as
requested by the Contract Administrator (as defined below), in accordance with the Scope of
Services. In the event of a conflict in or inconsistency between the terms of this Agreement and
Exhibit A, this Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on November 18, 2020
and shall end on December 31,2021 unless the term of this Agreement is otherwise terminated or
extended as provided for in Section 8. The time provided to Consultant to complete the Services
required by this Agreement shall not affect City's right to terminate this Agreement, as provided
for in Section 8.
1.2 Standard of Performance. Consultant represents and warrants that Consultant is a
provider of first class work and services and Consultant is experienced in performing the Services
contemplated herein and, in light of such status and experience, Consultant shall perform the
Services required pursuant to this Agreement in the manner and according to the standards
observed by a competent practitioner of the profession in which Consultant is engaged in the
geographical area in which Consultant practices its profession and to the sole satisfaction of the
Contract Administrator.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to
perform the Services pursuant to Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons, Consultant
shall, immediately upon receiving notice from City of such desire of City, reassign such person or
persons.
1.4 Time. Consultant shall devote such time to the performance of the Services
pursuant to this Agreement as may be reasonably necessary to satisfy Consultant's obligations
hereunder.
1.5 Authorization to Perform Services. Consultant is not authorized to perform any of
the Services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
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SECTION 2. COMPENSATION.
City hereby agrees to pay Consultant a sum not to exceed SIXTY SIX THOUSAND
SEVEN HUNDRED SIXTY EIGHT DOLLARS AND ZERO ($66,768.00) not withstanding
any contrary indications that may be contained in Consultant's proposal, for the Services to be
performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Exhibit A, regarding the amount of compensation, this Agreement
shall prevail. City shall pay Consultant for the Services rendered pursuant to this Agreement at
the time and in the manner set forth herein. The payments specified below shall be the only
payments from City to Consultant for the Services rendered pursuant to this Agreement.
Consultant shall submit all invoices to City in the manner specified herein. Except as specifically
authorized in advance by City, Consultant shall not bill City for duplicate services performed by
more than one person.
2.1 Invoices. Consultant shall submit invoices monthly during the term of this
Agreement, based on the cost for the Services performed and reimbursable costs incurred prior to
the invoice date. Invoices shall contain the following information:
a. Serial identifications of progress bills; i.e., Progress Bill No. 1 for the first
invoice, etc.;
b. The beginning and ending dates of the billing period;
C. A "Task Summary" containing the original contract amount, the amount of
prior billings,the total due this period,the balance available under this Agreement, and the
percentage of completion;
d. At City's option, for each item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person performing the
Services, the hours spent by each person, a brief description of the Services, and each
reimbursable expense;
e. The total number of hours of work performed under this Agreement by
Consultant and each employee, agent, and subcontractor of Consultant performing the
Services hereunder necessary to complete the Services described in Exhibit A;
f. Receipts for expenses to be reimbursed;
g. The Consultant Representative's signature.
Invoices shall be submitted to:
City of Menifee
Attn: Accounts Payable
29844 Haun Road
Menifee, CA 92586
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2.2 Monthly Pam. City shall make monthly payments,based on invoices received,
for the Services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements
above to pay Consultant.
2.3 Final Payment. City shall pay the last ten percent(10%) of the total amount due
pursuant to this Agreement within sixty (60) days after completion of the Services and submittal
to City of a final invoice, if all of the Services required have been satisfactorily performed.
2.4 Total Pam. City shall not pay any additional sum for any expense or cost
whatsoever incurred by Consultant in rendering the Services pursuant to this Agreement. City
shall make no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the
maximum amount of compensation provided above either for a task or for the entirety of the
Services performed pursuant to this Agreement,unless this Agreement is modified in writing prior
to the submission of such an invoice.
2.5 Hourly. Fees for the Services performed by Consultant on an hourly basis
shall not exceed the amounts shown on the fee schedule included with Exhibit A.
2.6 Reimbursable Expenses. Reimbursable expenses are included within the maximum
amount of this Agreement.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment
taxes incurred under this Agreement and any federal or state taxes.
2.8 Payment upon Termination. In the event that City or Consultant terminates this
Agreement pursuant to Section 8, City shall compensate Consultant for all outstanding costs and
reimbursable expenses incurred for Services satisfactorily completed and for reimbursable
expenses as of the date of written notice of termination. Consultant shall maintain adequate logs
and timesheets in order to verify costs and reimbursable expenses incurred to that date.
SECTION 3. FACILITIES AND EQUIPMENT.
Except as otherwise provided, Consultant shall, at its sole cost and expense, provide all
facilities and equipment necessary to perform the services required by this Agreement. City shall
make available to Consultant only physical facilities such as desks, filing cabinets, and conference
space, as may be reasonably necessary for Consultant's use while consulting with City employees
and reviewing records and the information in possession of City. The location, quantity, and time
of furnishing those facilities shall be in the sole discretion of City. In no event shall City be
required to furnish any facility that may involve incurring any direct expense, including but not
limited to computer, long-distance telephone or other communication charges, vehicles, and
reproduction facilities.
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SECTION 4. INSURANCE REQUIREMENTS.
Before beginning any work under this Agreement, Consultant, at its own cost and expense,
shall procure the types and amounts of insurance checked below and provide Certificates of
Insurance, indicating that Consultant has obtained or currently maintains insurance that meets the
requirements of this section and which is satisfactory, in all respects, to City. Consultant shall
maintain the insurance policies required by this section throughout the term of this Agreement.
The cost of such insurance shall be included in Consultant's compensation. Consultant shall not
allow any subcontractor, consultant or other agent to commence work on any subcontract until
Consultant has obtained all insurance required herein for the subcontractor(s) and provided
evidence thereof to City. Verification of the required insurance shall be submitted and made part
of this Agreement prior to execution. Consultant acknowledges the insurance policy must cover
inter-insured suits between City and other Insureds.
4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all
persons employed directly or indirectly by Consultant pursuant to the provisions of the California
Labor Code. Statutory Workers' Compensation Insurance and Employer's Liability Insurance
shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per
accident,ONE MILLION DOLLARS ($1,000,000.00)disease per employee, and ONE MILLION
DOLLARS ($1,000,000.00) disease per policy. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements,but only if the program of self-insurance complies
fully with the provisions of the California Labor Code. Determination of whether a self-insurance
program meets the standards of the California Labor Code shall be solely in the discretion of the
Contract Administrator. The insurer, if insurance is provided, or Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against City and its officers, officials,
employees, and authorized volunteers for loss arising from the Services performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain commercial general and automobile liability insurance for the term of this Agreement in
an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined
single limit coverage,for risks associated with the Services contemplated by this Agreement,TWO
MILLION DOLLARS ($2,000,000.00) general aggregate, and TWO MILLION
DOLLARS ($2,000,000.00) products/completed operations aggregate. If a Commercial General
Liability Insurance or an Automobile Liability Insurance form or other form with a general
aggregate limit is used, either the general aggregate limit shall apply separately to the Services to
be performed under this Agreement or the general aggregate limit shall be at least twice the
required occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting therefrom, and
damage to property resulting from the Services contemplated under this Agreement, including the
use of hired, owned, and non-owned automobiles.
b. Minimum scope of coverage. Commercial general coverage shall be at least
as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001.
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Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability
form CA 0001 Code 2, 8, and 9. No endorsement shall be attached limiting the coverage.
C. Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and
not on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the
policy shall not affect coverage provided to City and its officers,employees,agents,
and volunteers.
4.3 Professional Liability Insurance.
a. General requirements. Consultant, at its own cost and expense, shall
maintain for the period covered by this Agreement professional liability insurance for licensed
professionals performing the Services pursuant to this Agreement in an amount not less than ONE
MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions.
Any deductible or self-insured retention shall be shown on the Certificate. If the deductible or
self-insured retention exceeds TWENTY-FIVE THOUSAND DOLLARS ($25,000), it must be
approved by City.
b. Claims-made limitations. The following provisions shall apply if the
professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be no
later than the commencement of the Services.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after the expiration or termination of this
Agreement or completion of the Services, so long as commercially available at
reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with
another claims-made policy form with a retroactive date that precedes the Effective
Date of this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after the expiration or termination of this Agreement
or the completion of the Services. Such continuation coverage may be provided by
one of the following: (1) renewal of the existing policy; (2) an extended reporting
period endorsement; or (3)replacement insurance with a retroactive date no later
than the commencement of the Services under this Agreement. City shall have the
right to exercise, at Consultant's sole cost and expense, any extended reporting
provisions of the policy, if Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to
City prior to the commencement of the Services under this Agreement.
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4.4 All Policies Requirements.
a. Acceptability of insurers. All insurance required by this Section is to be
placed with insurers with a Bests' rating of no less than A:VII and admitted in California.
b. Verification of coverage. Prior to beginning the Services under this
Agreement, Consultant shall furnish City with Certificates of Insurance, additional insured
endorsement or policy language granting additional insured status complete certified copies of all
policies, including complete certified copies of all endorsements. All copies of policies and
certified endorsements shall show the signature of a person authorized by that insurer to bind
coverage on its behalf. The Certificate of Insurance must include the following reference: FY
20/21 PAVEMENT MANAGEMENT PROGRAM SUPPORT SERVICES. The name and
address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation
is: City of Menifee, 29844 Haun Road, Menifee, CA 92586. City must be endorsed as an
additional insured for liability arising out of ongoing and completed operations by or on behalf of
Consultant.
C. Notice of Reduction in or Cancellation of Coveraize. Consultant shall
provide written notice to City within ten (10) working days if. (1) any of the required insurance
policies is terminated; (2) the limits of any of the required polices are reduced; or(3)the deductible
or self-insured retention is increased.
d. Additional insured; primary insurance. City and its officers, employees,
agents, and authorized volunteers shall be covered as additional insureds with respect to each of
the following: liability arising out of the Services performed by or on behalf of Consultant,
including the insured's general supervision of Consultant; products and completed operations of
Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles
owned, leased, or used by Consultant in the course of providing the Services pursuant to this
Agreement. The coverage shall contain no special limitations on the scope of protection afforded
to City or its officers, employees, agents,or authorized volunteers. The insurance provided to City
as an additional insured must apply on a primary and non-contributory basis with respect to any
insurance or self-insurance program maintained by City. Additional insured status shall continue
for one (1) year after the expiration or termination of this Agreement or completion of the Services.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to City and its officers, officials, employees, and volunteers, and
that no insurance or self-insurance maintained by City shall be called upon to contribute to a loss
under the coverage.
e. Deductibles and Self-insured Retentions. Consultant shall obtain the
written approval of City for the self-insured retentions and deductibles before beginning any of the
Services.
During the term of this Agreement, only upon the prior express written
authorization of the Contract Administrator, Consultant may increase such deductibles or self-
insured retentions with respect to City, its officers, employees, agents, and volunteers. The
Contract Administrator may condition approval of an increase in deductible or self-insured
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retention levels with a requirement that Consultant procure a bond guaranteeing payment of losses
and related investigations, claim administration, and defense expenses that is satisfactory in all
respects to each of them.
f. 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 be subject to all of the requirements stated
herein.
g. Variation. The Contract Administrator may,but is not required to, approve
in writing a variation in the foregoing insurance requirements, upon a determination that the
coverage, scope, limits, and forms of such insurance are either not commercially available, or that
City's interests are otherwise fully protected.
4.5 Remedies. In addition to any other remedies at law or equity City may have if
Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent
and within the time herein required, City may, at its sole option, exercise any of the following
remedies,which are alternatives to other remedies City may have and are not the exclusive remedy
for Consultant's breach:
a. Obtain such insurance and deduct and retain the amount of the premiums
for such insurance from any sums due under this Agreement;
b. Order Consultant to stop work under this Agreement or withhold any
payment that becomes due to Consultant hereunder, or both stop work and withhold any
payment,until Consultant demonstrates compliance with the requirements hereof; and/or
C. Terminate this Agreement.
SECTION 5. INDEMNIFICATION.
5.1 Indemnification for Professional Liability. Where the law establishes a
professional standard of care for performance of the Services, to the fullest extent permitted by
law,Consultant shall indemnify,protect,defend(with counsel selected by City),and hold harmless
City and any and all of its officers, employees, officials, volunteers, and agents from and against
any and all claims, losses, costs, damages, expenses, liabilities, liens, actions, causes of action
(whether in tort, contract, under statute, at law, in equity, or otherwise) charges, awards,
assessments, fines, or penalties of any kind (including reasonable consultant and expert fees and
expenses of investigation, costs of whatever kind and nature and, if Consultant fails to provide a
defense for City, the legal costs of counsel retained by City) and any judgment (collectively,
"Claims")to the extent same are caused in whole or in part by any negligent or wrongful act, error,
or omission of Consultant, its officers, agents, employees, or subcontractors (or any entity or
individual that Consultant shall bear the legal liability thereof) in the performance of professional
services under this Agreement.
5.2 Indemnification for Other than Professional Liability. Other than in the
performance of professional services and to the full extent permitted by law, Consultant shall
indemnify, protect, defend (with counsel selected by City), and hold harmless City, and any and
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all of its officers, employees,officials,volunteers, and agents from and against any and all Claims,
where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in
part, the performance of this Agreement by Consultant or by any individual or entity for which
Consultant is legally liable, including but not limited to officers, agents, employees or
subcontractors of Consultant.
5.3 Limitation of Indemnification for Design Professionals. Notwithstanding any
provision of this Section 5 to the contrary, design professionals are required to defend and
indemnify City only to the extent permitted by Civil Code Section 2782.8. The term "design
professional" as defined in Section 2782.8, is limited to licensed architects, licensed landscape
architects,registered professional engineers,professional land surveyors, and the business entities
that offer such services in accordance with the applicable provisions of the California Business
and Professions Code.
5.4 Limitation of Indemnification. The provisions of this Section 5 do not apply to
claims occurring as a result of City's sole or active negligence. The provisions of this Section 5
shall not release City from liability arising from gross negligence or willful acts or omissions of
City or any and all of its officers, officials, employees, and agents acting in an official capacity.
SECTION 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement,Consultant
shall be an independent contractor and shall not be an employee of City. City shall have the right
to control Consultant only insofar as the results of the Services rendered pursuant to this
Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City
shall not have the right to control the means by which Consultant accomplishes the Services
rendered pursuant to this Agreement. The personnel performing the Services under this
Agreement on behalf of Consultant shall at all times be under Consultant's exclusive direction and
control. Consultant shall not at any time or in any manner represent that it or any of its officers,
employees, or agents is in any manner officers, officials, employees,or agents of City. Consultant
shall not incur or have the power to incur any debt, obligation, or liability whatever against City,
or bind City in any manner. Except for the fees paid to Consultant as provided in this Agreement,
City shall not pay salaries,wages,or other compensation to Consultant for performing the Services
hereunder for City. City shall not be liable for compensation or indemnification to Consultant for
injury or sickness arising out of performing the Services hereunder. Notwithstanding any other
City, state,or federal policy,rule,regulation,law,or ordinance to the contrary, Consultant and any
of its employees, agents, and subcontractors providing services under this Agreement shall not
qualify for or become entitled to any compensation, benefit, or any incident of employment by
City, including but not limited to eligibility to enroll in the California Public Employees
Retirement System ("PERS") as an employee of City and entitlement to any contribution to be
paid by City for employer contributions and/or employee contributions for PERS benefits.
SECTION 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
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7.2 Compliance with Applicable Laws. Consultant and any subcontractor shall comply
with all applicable local, state, and federal laws and regulations applicable to the performance of
the work hereunder. Consultant shall not hire or employ any person to perform work within City
or allow any person to perform the Services required under this Agreement unless such person is
properly documented and legally entitled to be employed within the United States. Any and all
work subject to prevailing wages, as determined by the Director of Industrial Relations of the State
of California, will be the minimum paid to all laborers, including Consultant's employee and
subcontractors. It is understood that it is the responsibility of Consultant to determine the correct
scale. The State Prevailing Wage Rates may be obtained from the California Department of
Industrial Relations ("DIR") pursuant to California Public Utilities Code, Sections 465, 466, and
467 by calling 415-703-4774. Appropriate records demonstrating compliance with such
requirement shall be maintained in a safe and secure location at all times, and readily available at
City's request. Consultant shall indemnify, defend, and hold City and its elected and appointed
boards, members, officials, officers, agents, representatives, employees, and volunteers harmless
from and against any liability, loss, damage, cost or expenses (including but not limited to
reasonable attorneys' fees, expert witness fees, court costs, and costs incurred related to any
inquiries or proceedings) arising from or related to (i) the noncompliance by Consultant or any
party performing the Services of any applicable local, state, and/or federal law, including,without
limitation, any applicable federal and/or state labor laws (including, without limitation, the
requirement to pay state prevailing wages and hire apprentices); (ii)the implementation of Section
1781 of the Labor Code, as the same may be amended from time to time, or any other similar law;
and/or (iii) failure by Consultant or any party performing the Services to provide any required
disclosure or identification as required by Labor Code Section 1781, as the same may be amended
from time to time, or any other similar law. It is agreed by the Parties that, in connection with
performance of the Services, including, without limitation, any and all public works (as defined
by applicable law), Consultant shall bear all risks of payment or non-payment of prevailing wages
under California law and/or the implementation of Labor Code Section 1781, as the same may be
amended from time to time, and/or any other similar law. Consultant acknowledges and agrees
that it shall be independently responsible for reviewing the applicable laws and regulations and
effectuating compliance with such laws. Consultant shall require the same of all subcontractors.
7.3 Licenses and Permits. Consultant represents and warrants to City that Consultant
and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and
approvals of whatsoever nature that are legally required to practice their respective professions.
Consultant represents and warrants to City that Consultant and its employees, agents, and
subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of
this Agreement any licenses, permits, and approvals that are legally required to practice their
respective professions. In addition to the foregoing,Consultant and any subcontractors shall obtain
and maintain during the term of this Agreement valid Business Licenses from City.
SECTION 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon
written notification to Consultant.
8.2 Termination by Consultant. Consultant may cancel this Agreement upon 30 days'
written notice to City.
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8.3 Consequences of Termination. In the event of termination, Consultant shall be
entitled to compensation for the Services performed up to the date of termination; City, however,
may condition payment of such compensation upon Consultant delivering to City any or all
documents, photographs, computer software, video and audio tapes, and other materials provided
to Consultant or prepared by or for Consultant or City in connection with this Agreement.
8.4 Extension. City may, in its sole and exclusive discretion, extend the end date of
this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and agrees
that, if City grants such an extension, City shall have no obligation to provide Consultant with
compensation beyond the maximum amount provided for in this Agreement. Similarly, unless
authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant
for any otherwise reimbursable expenses incurred during the extension period.
8.5 Amendments. The Parties may amend this Agreement only by a writing signed by
all the Parties.
8.6 Assigm-nent and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a determination
of Consultant's unique personal competence, experience, and specialized personal knowledge.
Moreover, a substantial inducement to City for entering into this Agreement was and is the
professional reputation and competence of Consultant. Consultant may not assign this Agreement
or any interest therein without the prior written approval of the Contract Administrator. Consultant
shall not subcontract any portion of the performance contemplated and provided for herein, other
than to the subcontractors noted in Consultant's proposal, without prior written approval of the
Contract Administrator. In the event that key personnel leave Consultant's employ, Consultant
shall notify City immediately.
8.7 Survival. All obligations arising prior to the expiration or termination of this
Agreement and all provisions of this Agreement allocating liability between City and Consultant
shall survive the expiration or termination of this Agreement.
8.8 Options upon Breach by Consultant. If Consultant materially breaches any of the
terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the
following:
a. Immediately terminate this Agreement;
b. Retain the plans, specifications, drawings, reports, design documents, and
any other work product prepared by Consultant pursuant to this Agreement;
C. Retain a different consultant to complete the Services described in
Exhibit A; and/or
d. Charge Consultant the difference between the cost to complete the Services
described in Exhibit A that is unfinished at the time of breach and the amount that City
would have paid Consultant pursuant to Section 2 if Consultant had completed the
Services.
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SECTION 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records,
files, or any other documents or materials, in electronic or any other form that Consultant prepares
or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the
property of City. Consultant hereby agrees to deliver those documents to City upon the expiration
or termination of this Agreement. It is understood and agreed that the documents and other
materials, including but not limited to those described above,prepared pursuant to this Agreement
are prepared specifically for City and are not necessarily suitable for any future or other use. Any
use of such documents for other projects by City shall be without liability to Consultant. City and
Consultant agree that,until final approval by City, all data,plans, specifications,reports, and other
documents are confidential and will not be released to third parties without prior written consent
of both Parties unless required by law.
9.2 Licensing of Intellectual Property. This Agreement creates a non-exclusive and
perpetual license for City to copy,use,modify,reuse,or sublicense any and all copyrights,designs,
rights of reproduction, and other intellectual property embodied in plans, specifications, studies,
drawings, estimates, test data, survey results, models, renderings, and other documents or works
of authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings, digital renderings, or data stored digitally,magnetically, or in any other medium,which
are prepared or caused to be prepared by Consultant under this Agreement ("Documents and
Data"). Consultant shall require all subcontractors to agree in writing that City is granted a non-
exclusive and perpetual license for any Documents and Data the subcontractor prepares under this
Agreement. Consultant represents and warrants that Consultant has the legal right to license any
and all Documents and Data. Consultant makes no such representation and warranty in regard to
Documents and Data which were prepared by design professionals other than Consultant or
provided to Consultant by the City. City shall not be limited in any way in its use of the Documents
and Data at any time, provided that any such use not within the purposes intended by this
Agreement shall be at City's sole risk.
9.3 Consultant's Books and Records. Consultant shall maintain any and all ledgers,
books of account,invoices,vouchers,canceled checks, and other records or documents evidencing
or relating to charges for the Services or expenditures and disbursements charged to City under
this Agreement for a minimum 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 shall be maintained
in accordance with generally accepted accounting principles and shall be clearly identified and
readily accessible.
9.4 Inspection and Audit of Records. Any records or documents that Section 9.3 of
this Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of City.
Under California Government Code Section 8546.7, if the amount of public funds expended under
this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), this Agreement shall be
subject to the examination and audit of the State Auditor, at the request of City or as part of any
audit of City, for a period of three (3)years after final payment under this Agreement.
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SECTION 10. MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If either Party to this Agreement brings any action, including an
action for declaratory relief,to enforce or interpret the provision of this Agreement, the prevailing
Party shall be entitled to reasonable attorneys' fees and expenses including costs, in addition to
any other relief to which that Party may be entitled; provided, however, that the attorneys' fees
awarded pursuant to this Section shall not exceed the hourly rate paid by City for legal services
multiplied by the reasonable number of hours spent by the prevailing Party in the conduct of the
litigation. The court may set such fees in the same action or in a separate action brought for that
purpose.
10.2 Applicable Law; Venue. The internal laws of the State of California shall govern
the interpretation and enforcement of this Agreement. In the event that either Parry brings any
action against the other under this Agreement, the Parties agree that trial of such action shall be
vested exclusively in Riverside County.
10.3 Severability. If any provision of this Agreement is held invalid, the remainder of
this Agreement shall not be affected thereby and all other parts of this Agreement shall
nevertheless be in full force and effect.
10.4 Section Headings and Subheadings. The section headings and subheadings
contained in this Agreement are included for convenience only and shall not limit or otherwise
affect the terms of this Agreement.
10.5 No Implied Waiver of Breach. The waiver of any breach of a specific provision of
this Agreement does not constitute a waiver of any other breach of that term or any other term of
this Agreement.
10.6 Successors and Assigns. The provisions of this Agreement shall inure to the benefit
of and shall apply to and bind the successors and assigns of the Parties.
10.7 Consultant Representative. All matters under this Agreement shall be handled for
Consultant by Peter Bucknam ("Consultant's Representative"). The Consultant's Representative
shall have full authority to represent and act on behalf of Consultant for all purposes under this
Agreement. The Consultant's Representative shall supervise and direct the Services, using his
best skill and attention, and shall be responsible for all means, methods, techniques, sequences,
and procedures and for the satisfactory coordination of all portions of the Services under this
Agreement.
10.8 City Contract Administration. This Agreement shall be administered by a City
employee, Run Chen, Senior Engineer ("Contract Administrator"). All correspondence shall be
directed to or through the Contract Administrator or his designee. The Contract Administrator
shall have the power to act on behalf of City for all purposes under this Agreement. Unless
otherwise provided in this Agreement, Consultant shall not accept direction or orders from any
person other than the Contract Administrator or his designee.
10.9 Notices. Any written notice to Consultant shall be sent to:
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Bucknam Infrastructure Group
Attn: Peter Bucknam
3548 Seagate Way, Suite 230
Oceanside, CA 92056
Any written notice to City shall be sent to the Contract Administrator at:
City of Menifee
29844 Haun Road
Menifee, CA 92586
Attn: Run Chen, Senior Engineer
with a copy to:
City Clerk
City of Menifee
29844 Haun Road
Menifee, CA 92586
10.10 Professional Seal. Where applicable in the determination of the Contract
Administrator,the first page of a technical report, first page of design specifications,and each page
of construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled"Seal and
Signature of Registered Professional with report/design responsibility," as in the following
example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.11 Rights and Remedies. 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.
10.12 Integration. This Agreement, including the scope of services attached hereto and
incorporated herein as Exhibit A,represents the entire and integrated agreement between City and
Consultant and supersedes all prior negotiations, representations, or agreements, either written or
oral. 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.
10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of
which shall be an original and all of which together shall constitute one agreement.
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10.14 Execution of Contract. The persons executing this Agreement on behalf of each of
the Parties hereto represent and 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.
10.15 Nondiscrimination. Consultant covenants that,by and for itself,its heirs,executors,
assigns, and all persons claiming under or through them,that in the performance of this Agreement
there shall be no discrimination against or segregation of, any person or group of persons on
account of any impermissible classification including, but not limited to, race, color, creed,
religion, sex, marital status, sexual orientation, national origin, or ancestry.
10.16 No Third Party Beneficiaries. With the exception of the specific provisions set
forth in this Agreement, there are no intended third-party beneficiaries under this Agreement and
no such other third parties shall have any rights or obligations hereunder.
10.17 Nonliability of City Officers and Employees. No officer, official, employee, agent,
representative, or volunteer of City shall be personally liable to Consultant, or any successor in
interest, in the event of any default or breach by City or for any amount which may become due to
Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
10.18 No Undue Influence. Consultant declares and warrants that no undue influence or
pressure is used against or in concert with any officer or employee of City in connection with the
award,terms or implementation of this Agreement, including any method of coercion,confidential
financial arrangement, or financial inducement. No officer or employee of City shall receive
compensation, directly or indirectly, from Consultant, or from any officer, employee, or agent of
Consultant,in connection with the award of this Agreement or any work to be conducted as a result
of this Agreement.
10.19 No Benefit to Arise to City Employees. No member, officer, or employee of City,
or their designees or agents, and no public official who exercises authority over or has
responsibilities with respect to this Agreement during his/her tenure or for one (1)year thereafter,
shall have any interest, direct or indirect, in any agreement or sub-agreement, or the proceeds
thereof, for the Services to be performed under this Agreement.
[Signatures on Following Page]
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IN WITNESS WHEREOF, the Parties hereto have executed and entered into this
Agreement as of the Effective Date.
CITY OF MENIFEE CONSULTANT
DocuSigned by:
n -DocuSigned by:
Armando G. Villa, City Manager Peter BBucknam, President
Ele'e7ASigned by: DocuSigned by:
�a�c , Q. 9�t aun waviiA� putr 1l"w
Sarah A. Manwaring, City Clerk Peter Buckram, Secretary
1Ad 45 to Form:
F 31T
Jeffrey T. Melching, City Attorney [Corporation must have two signatures]
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EXHIBIT A
SCOPE OF SERVICES
Comprehensive Pavement Management Program Support Services in the amount not to exceed
SIXTY SIX THOUSAND SEVEN HUNDRED SIXTY EIGHT DOLLARS AND ZERO
($66,768.00) as further detailed in the following pages.
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Approach/Scope of Work
k Qette��
Project Understanding/Approach
We have defined a detailed scope of work in accordance to the City's goals/RFP;
1. Project Implementation;2.Client Satisfaction;3.Project Schedule;4.Scope of Work;
1)Project Management&Administration
TASK 1.1: Project Kickoff
The first step in implementing a successful pavement management program (PMP)truly
resides in frequent communication and timely scheduled data updates.It will be essential
to assistthe City in the continued,proactive management and application of your PMPto
maintain and protect the street improvements that have been applied over the past
several years. To achieve this,Bucknam will assist the City by delivering on the following
project tasks:
• Selection of StreetSaver or MicroPAVER;
• Cost effective Arterial pavement inspections(325 miles);
• Proactive Arterial,Residential and Alley rehabilitation programs;
• Common-sense,District zone based Slurry Seal Program;and
• Annual,proactive stewardship of the PMP that will ensure its continued success.
Our team will set a Project Kickoff meeting to further discuss and review in detail the
expectations/goals of the project,technical approach,zone maintenance,finalization of
the scope of work and the review of the budget/schedule. This effort will continue to
build upon the consensus between the Public Works and Maintenance departments as
well as build stronger ARTERIAL and RESIDENTIAL maintenance programs/schedules. The
first key topics to be discussed will include the review and assessment of the existing PMP
pavement plan/data, 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.
Additionally,the City wishes to evaluate the effectiveness and expansion of their PMS
software to include additional infrastructure asset data collection. Due to Buckram's
extensive experience with numerous PMS software's we will perform a comprehensive,
pro-bono evaluation of MicroPAVER,StreetSaver and other routinely utilized software's.
Our recommendation(s) will cover costs, cost implementation, expansion of street and
ROW assets,maintenance&operation of the software and GIS compatibility.
TASK 1.2: Project Status Meetings-Quality Control Program
Status Meetings and Progress Reports
• 1) Minimum of three meetings during the project (kickoff, field and status
meetings); 2) Field review meetings; 3) Monthly progress status reports will be
delivered to City project manager that demonstrate expended budget, budget
remaining,%complete,etc..
City of Menifee 3-1
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Approach/Scope of Work
Project Management System/Quality Assurance—Quality Control(QA/QC)
We will use a statistical sampling approach for measuring the quality of our field technician's
work. In this manner, 10 percent(32.5 miles out of 325 miles)of the original surveys will be re-
surveyed by an independent surrey crew,supervised by a field supervisor,and the results will be
compared to the original surveys.
Our QC process involves checking the field crews'work in a "blind study"fashion. Quality control
checks will be performed at the end of each survey week,this includes PCI Variance reporting
(2018 inspections vs. 2020 inspections). This will ensure that all field personnel are properly
collecting distresses and pavement quantities for all street segments. Since we are collecting
distress information on our field Tablets with the Menifee PMP database live, our staff will
perform several quality control tests within the pavement management software using a
sample set of the City of Menifee's street distress data. This will ensure that all system and
analysis settings as well as City recommendations and standards are being followed.
Over the past year,Bucknam has submitted twenty-one(21) METRO compliant reports for LA
municipalities,they include:
Los Angeles County PMP Clierds
Pomona Alhambra EI Segundo
..............................._........'............................................................................i.............................................................................
Duarte Cu Ive r City Lomita
..................................................................i........._..._..........................................................._i.............................................................................
Rancho Palos Verdes Palmdale South Gate
._...................
South Pasadena La Habra Heights Sierra Madre
- --
Monterey Park Hermosa Beath South Pasadena
-,... ....... -- ....... .._.......................................................................
Compton Lynwood Norwalk
..........:_.........................................................................:..............................-...................................-........
La Verne Rosemead Bellflower
Over the past year, Bucknam has submitted seventeen (17) OCTA compliant reports for OC
municipalities,they include:
Orange
Brea Irvine RSM
- . -.........................................................................'...............-........................................................_'-..................-...-...-.............................................
Costa Mesa Aliso Viejo Tustin
......................................................-...-...-...-...._'..................-........................................................i_..................-..._..._..._........................................
Laguna Hills Laguna Beach Westminster
.......................................................................................................................................................I_..._...............,....,.........................................-......
Fountain Valley San Juan Capistrano La Habra
.�.....................................................................�.......................................,_..._..._........._.............................................._......
Huntington Beach Newport Beach Fullerton
........_,.............................._........ ................................_,_...........................................................
.............
La Palma San Clemente
Bucknam is currently working with six(6)Riverside agencies,they include: Murrieta,Menifee,
Lake Elsinore,Hemet La Cresta HOA and Rancho La Quinta.
Our field surveys follow the accepted ASTM D6433-20 walking requirements and are proven and
continue to be utilized for our So Cal clients shown above. Prior to survey,a copy of the QA/QC
plan utilized by our staff during the project will be submitted along with the PMP certification
documents.
Our staff attends the OCTA Micro PAVER/StreetSaver PMP Distress Training Classes held each
winter (FY 2011 thru 2020). In February 2020 our staff was acknowledged as "qualified
City of ivieniiee 3-2
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Approach/Scope of Work
inspectors and firm" to prepare Pavement Management Plans compliant with the OCTA
Countywide Pavement Management Guidelines(this compliance runs through June 2022).
Additionally, Bucknam is listed as a pre-qualified firm through MTC StreetSaver (see
https://www.streetsaver.com/support/partners/consultant)
Registered Engineer/Lead Engineer
Mr.Steve Buckram,P.E.will supervise all operations, review all completed data and prepare and
sign a final report incorporating the results of our pavement evaluation and conditions. We will
provide engineered recommendations for pavement rehabilitation and replacement based upon
field data and analysis.
Deliverable: Monthly Project Status reports/budget reports, field review and project status
meetings,QA/QC Plan
2)Client Satisfaction
TASK2.1: Project Deliverables
Shown throughout our Scope of Work,each Task is summarized with project deliverables.
Client satisfaction will derivefrom frequent communication with the Project Managerand
key staff members from the Public Services/Engineering department. Project success is
created by delivering on three main factors;
1)Adherence to scope tasks and deliverables
2)Performing to the standard set by the Project Schedule;and
3) Controlling costs. Our Project Manager will follow each of these factors throughout
the duration of the project
3)Project Schedule
TASK3.1: Work Flow/Committed Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as
quality control milestones and meetings. Bucknam currently has ample staff to apply to
this project in orderto meet an aggressive schedule(two/three field technicians will drive
the proactive schedule). Our Critical Path Method (CPM) project schedule shows each
major task identified in our scope of work, as well as quality control milestones and
meetings. See key milestone dates from the project schedule below:
• Notice-to-Proceed,Project Kickoff—November 1,2020
• Survey Completion—mid-January,2021
• Delivery of draft PMP—mid-Jar uary,2021
• City comments returned to Consultant—late January,2021
• Delivery of City CIP Final Report—late January(prior to 1-31-21)
City of Menifee 3-3
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o Menifee CIP data/Final Report, reporting and revenue projections will be
submitted by January 2021
o All necessary PMP data,reporting and revenue projections will be submitted prior
to January,2021
• Implementation of PMP database-Any time after acceptance of Final PMP
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4)Scope of Services
TASK 4.1: Update Maintenance and Rehabilitation History
The City will provide Bucknam a complete listing of all completed 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 2018;this will include work history updates on arterial,collectors and locals.
Our staff will enter the necessary work history updates as mentioned above (i.e. data entry of
maintenance/rehabilitation activities) into your PMS software. Once the project is completed,
our staff will upload the necessary PMP database files at the City.
Deliverable:Update PMP data,Work History report
TASK 4.2: Pavement Condition Surveys
Arterial Street Survey
First and foremost, the assessment of the City's pavement segmentation is the one of the key
priorities for this project. With two plus years since the City performed inspections it will be
essential to verify that all Arterial/Local segmentation is up-to-date and that section SF quantities
are accurate and reliable. Bucknam will audit the PMP segmentation apply necessary "splits-
combines"and/or add new sections as necessary.
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Once the pavement segmentation has been assessed and verified,the necessary inspections will
be performed. Our survey methodology will include one or a combination of the following
approaches based on ASTM D6433-20 and the City's cost/benefit analysis:
1. 2020 PMP Survey-Walking-All sections are surveyed through walking methodologies.
Distress types will be collected based upon actual surface conditions and physical
characteristics of the segment. Surveying methods will be conducted by remaining
consistent with ASTM D6433-20&the Army Corp of Engineers sampling guidelines while
being flexible to current City requirements.
All sample locations are observed through walking surveys(edge of pavement to edge of
pavement); additional street factors such as unique distress areas found outside our
sample areas will be recorded. According to the City previous 2018 biennial survey
schedule,Buckram will continue to follow the City's"even-year"survey process with the
following su rvey:
• 2020 Citywide Survey-The inspection of approximately 325 miles of Arterial and
Collector segments;
o We have demonstrated our Optional Digital Roadway Imaging technology
that will allow the City to perform the necessary PMP surveys as well as
collect additional street and right-of-way assets through one survey(see Task
5.1);
• Recent overlay rehabilitation/reconstruction will reduce total mileage of survey—
TBD;and
• No private streets will be surveyed underthis effort.
For all surveys,the use of our PMP-Tablet units allows our staff to collect pavement data with the
City of Menifee's PMP database live in the field. At the end of the day all electronic data is
transferred to our office for quality control and management.
Our MicroPAVER/StreetSaver Tablet methodology sets us apart from the competition since we
are using a paper-less inventory process to enter data;this in turn generates cost savings to
enhance the project schedule and other portions of the project such as CIP reporting, PMP
software training,and on-call services.
Roadway Verification Survey-A listing of the field attribute data that is updated/verified during
the survey for the pavement managementdatabase is listed below:
1. Field Attribute Data(updated and/or verifiedl
From/to,indicating the assigned limits of the section,sample test areas,street name,
�3 Street ranking indicating local,alley,arterial,collector,#of lanes,surface type
PCI Variance reporting for previous inspections vs.2020 PCI inspections
�3 Segment quantities,indicating the length,width,and total true area of the section
ADTvolumes(if available from previous reports or current City documents)
2. Conditional data will be evaluated for all street segments and will include:
u¢y asp ivieFillee 3-5
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ASTM 20 AC&19 PCC distresses by type,severity and sample area
PCI ratings(0-100),taking into account the surface condition,level of distress
We welcome staff from the City to join our
surveys. All pavement data will be entered o K„
into the City's current licensed PMP software.
If the City has not obtained the most recent —�—
version of the Micro PAVER/StreetSaver
software we will assist the City in purchasing
the software upgrade(see Task4.6). All items 0 e cu l xl +i I•
listed above will be maintained by our staff Y11�1 F=r ei tl ^
for the duration of this project. Data
management will be performed in-house at yd "" ?ILzJL'_i u
our Oceanside office. A t the completion of •m': — -
the project,the PMP database will be placed LEE.;. ?IFJV
l
within your information services network. iai❑lI
3. Section Distress and PCI Reporting - S
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.
Bucknam will produce a "PCI Variance Report" that will demonstrate PCI variances comparing
previous PCI's vs.2020 walking PCl's. This report will allow staff to identify large variances caused
by inspection issues,work history impacts and other field survey factors.
Additionally,this report will provide the necessary information within MicroPAVER/StreetSaver
for the City to use and implement projected street rehabilitation and maintenance projects.
Included in the report will be updated pavement performance curves and maintenance decision
models. The City and our staff will review the PCI reports to ensure that all inventory data is
correct and the project is running smoothly.
Our PCI reporting will include:
• PCI report-Sorted by Name (A to Z),PCI Order(0-100),Zone(1,2,3,etc.)
• Pavement segment and PCI"Variance Report"
• Condition Report Analysis for each segment
• Work history report
• GIS Maps presenting PCI finding by zone and by section
Once the City has reviewed, assessed and commented on the draft report, we will address all
comments made and deliver the final reports.
Deliverable:Citywide PCI reports,updated PMP database.
TASK 4.3: Budgetary Analysis/Pavement Improvement Report
We will assist the City in developing the most cost-effective preventative maintenance,repair and
rehabilitation (M & R) strategies possible. This will be accomplished by meeting with the City to
discuss and strategize maintenance activities that are currently being used by the City. We will
City of Menifee 3-6
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conduct an historical and prospective analysis on the conditional and financial impact these
practices have on the pavement network. Based on our fiscal and deterioration analysis, we will
present our results and recommendations to City staff. This analysis will become an essential
building blockforthe biennial submittals and Public Works CIP programs.
Our staff will review the Menifee database deterioration curves that have been developed based
on historical pavement condition inspections,surface type,work histories and road classification.
The curves will be updated based on 2020 pavement conditions. Maintenance strategies that are
typically reviewed are rehabilitation and reconstruction (R&R), localized maintenance, grinding,
slurry seals, chip/cape seals, AC on PCC patching and overlays, the expected improvement in
pavement condition,the life-cycle extension that would result and the unit costs for maintenance.
All maintenance practices/unit costs will be integrated into software and will be derived from the
most recent construction bids for pavement rehabilitation. We will account for inflation rates when
long-term revenues projections are made.
Our staffwill also review and recommend an updateto the existing District/Zone residential cycle;
this will allow us to proactively schedule localized maintenance efforts throughout the CIP.
Our Project Manager and Principal will work closely with City in defining repair and rehabilitation
strategies during each fiscal year(i.e.2020-2027). Once the repair/rehabilitation strategies have
been defined, the identification of a seven year Forecasted Maintenance schedule will be
generated. The recommended budget scenarios will be identified on the basis of several criteria:
• Assessment and review of the City's Pavement CIP
• Present pavement conditions; Desired levels of service and available resources
• Projected/Forecasted PCI's per section
• Cost benefit of individual strategies(e.g.maintain PCI in 7-years,etc.)
• Scheduling with the City's major CIP projects(water,sewer,etc.)
• Future routine maintenance needs based on projected deterioration rates
• Renewed Measure M and AHRP objectives and improving citywide weighted PCI
The primary emphasis of this task is to maximize the scheduling of street maintenance using the
most cost-effective strategies available and to king into account a life-cycle cost analysis.A working
"draft"Final Report will be generated for City staff to review. The report will include an executive
summary,the PCI Report as well as draft budgetary findings and recommendations.
TASK 4.4: Final CIP Report/Forecasted Maintenance Reports
We will deliver the Final Report to the City which will be essential for staff reference and use as
well as presented in away that is beneficial for elected officials/upper management.
The report will be prepared in a format that uses the information delivered by the PMS software
in conjunction with the information and analysis performed by our team. The report will provide
the City with information on:
City of iVienitce 3-7
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• Current inventory and pavement conditions indices(PCI)for all road classes;
■ Projected seven(7)year annual rehabilitation programs for street maintenance for a 7-
yr period (ARTERIAL and LOCAL Forecast Maintenance Reports)that show the largest
return on investment and acceptable levels of service;
• Proactive stop gap/preventive maintenance strategies'
■ Modeling and comparison of budget scenarios will include:
Budget Analysis and Funding Scenarios
Budget Needs Assessment
Utilize Existing Budget
Maintain Current Pavement Condition Index(PCI)
Improve Network PC](by5 pts,if feasible)
Improve Network to Regional Target PCI
• Other scenarios may include: Gradual, Frontloaded, Constrained and Unlimited
funding analysis'
■ Strategies and recommendations for the City's maintenance programs and procedures,
including a preventative maintenance schedule;and
■ A detailed breakdown of deferred maintenance(backlog) .
We will make a presentation of the results from the 2020 PMS update to City personal and/or
City Council if necessary-pro Bono.
Registered Engineer
Mr.Steve Buckram,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 replacementdesign based
upon field data and analysis.
Deliverable: Three (3) bound copies of the Final Pavement PMS Report (plus one original
signed by our Registered Engineer, CA No. 20903), in binder form,will be sent to the City.
Bucknam will provide one (1) digital copies that includes all final reporting documents, PMS
database and GIS files.
Task 4.5: PMP Mapping and GIS
As an enhancement and proactive approach to this project, our staff will update the existing
Pavement-GIS link between PIMP database and the City's GIS system. Buckram will review,with
City staff, all ongoing upcoming capital projects that may impact the GIS mapping delivered for
this project.
The maps described below will be incorporated into the City's Final PMS report:
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Approach/Scope of Work
QF,�e,e
• PCl values for every section(24x36) City.of M en fee,cn
PevemeM�ar]iiici.�ll F•
• Work History identifications(2436) ;I
`,
• 7-yr Arterial / Local Rehabilitation ands.
Slurry Seal Programs(2406)
• Functional classification maps(2436) =.
Once the City has approved the Pavement Condition
Report, we will update the necessary
Micro PAVER/StreetSaver-GIS linkages (street names
will be shown on all maps). By using the unique ID's
within the PMS and the City's ESRI street shapefile ID's,we will create a one-to-one match for each pavement
section in the GIS. Our staff will coordinate all project
deliveries with the Public Works and the GIS division to
ensure that the most current and accurate PMS-GIS e
maps are represented within the City's GIS enterprise. IYk
We can also provide this data to the City's web-based
GIS Enterprise.
Deliverable: Complete GIS files/themes based on list above(shapefiles).
Task 4.6: Purchase of PMS Software/Training/On-call Support
Pending the City's decision on Micro PAVER or StreetSaver, the City has elected to purchase their
own licensed copy of PMS software. When this occurs,Buckram will assist the City in purchasing
the software from Colorado State University(Micro PAVER)or MTC(StreetSaver). The new license
will be issued in the City's name and all future mailings regarding maintenance fees will be
directed to the City's main contact. In the case of StreetSaver being purchased,the City states
within their RFP that the potential purchase and use of GIS Toolbox will be needed.
The goal is to train City staff to perform PMP updates in-house. Our training and support will
cover the following key elements of PMP management:
• Data entry, report generation,work history data entry, use of GISToolbox(StreetSaver);
• Performing PCI calculations,budget analysis;
• Response to on-call support for one year(T&M) basis for estimated 100 hours;
• Provision of training materials and conduct a one-day Distress Condition training
workshop with the morning section presenting an overview of pavement distresses
followed by afternoon field review/survey.
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Approach/Scope of Work
Project Deliverables
At the completion of the project and City approval of all reporting, Bucknam will deliver the
following items:
Project Deliverables
Easily understood,organized,worded and illustrated project documentation
Cover sheets associated with all submittals
Documents will be organzied for easy review
Project graphics in color,associated with black/white materials for easy reproduction
Two(2)hardcopy draft reports and three(3)hardcopy Final reports-MS Word 2013 format
Four(4)full size maps of the City's Final PCI Maps(24x36)
All final documents in Adobe.pdf format
Complete GIS files(project&shapefile)compatible with Menifee GIS Enterprise
Final PMP database
5)Optional Services
Task 5.1: Automated Digital Roadway Imaging
As an alternative survey method,our staff will implement a pavement survey methodology that
will support Task 4 efforts as well as implement a proactive and cost efficient GPS survey
methodology that will allowfor the collection of numerous GPS asset locations using"one"set of
digital imagery(e.g.five citywide infrastructure surreys forthe cost of one).
Beyond the pavement survey capabilities,the City will be able to collect
other infrastructure assets in the future such as signs, catch basins,
street lights, manhole/water covers, guardrails, pavement markings
and other ROW features; a tremendous costs savings that reaches r I
$300,000 over the next 3 years. Pending the amount of ROW assets to III .
be collected vs. the PMP budget Bucknam will assist the City in
prioritizing which ROW assets can be collected under this project(see Proposed Fee).
With verification of street segmentation,the inspection of approximately 325 Arterial miles will
be surveyed. Micro PAVER/StreetSaver-Army Corp of Engineers AC and PCC distress types will
be collected based upon actual surface conditions and physical characteristics of the segment
while being flexible to current City practices.
Our automated digital imaging allows technician to collect the following:
• Continuous pavement imaging (images taken every 5 meters, competition typically
surveys at every 8 meters/25 feet intervals)
• Army Corps AC and PCC distresses —ASTM D6433-20 (e.g. linear/transverse cracking,
alligator,patching,bleeding,block cracking,etc.
• Surface roughness ratings(IRI); rutting depth(full width of lane or street)
• Imaging captures 100%of each pavement segment(not just one lane)
City of iVienitce 3-10
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Approach/Scope of Work
• Data transfers seamlessly to MicroPAVER/StreetSaver
• 2mm pixel images allows for centimeter horizontal and vertical accuracy
The first survey process will involve the mobile GPS vehicle taking approximately three-week's
time to survey the Menifee's street network; additionally,the vehicles drive the posted speed
limits. The images that are collected are taken by using Sony digital stereographic cameras(4 to
6 cameras) positioned on the vehicle. The images have a resolution of 2450 x 2050 and are geo-
referenced by means of inertial GPS equipment contained within the van;images are taken every
4 to 6 meters,15 ft.intervals.
The quality of the imagery and its GIS/record collecting capabilities within the software provided
allows the technician to accurately identify the required pavement distresses defined by the
pavement software and the project (distresses are collected in-house). All pavement GIS data
associated with each pavement section will be entered into the City's working software.
Surrey vehicles are equipped with digital measuring instrumentation (DMI)that will be used to
verify all pavement section lengths and widths. Ourvehicles can be equipped with road roughness
rating equipment,strip mapping cameras and are set to record 360 degree street imaging.
The survey will be performed by the Buckram team that is experienced and trained in pavement
condition assessment using LambdaTech's"Feature Extraction"software. Bucknam will measure
specific distress types from the digital image set. A listing of the field attributes that will be
collected during the survey is listed above in Task 4.2.
Bucknam has performed this service forthe following SoCal local agencies:
RoadwayDigital
Lake Elsinore Rancho Palos Verdes Lomita
Aliso Viejo Culver City Rancho Santa Margarita
Bellflower Cypress Tustin
Beverly Hills Fountain Valley Palm Desert
Compton La Habra Heights Palmdale
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Fee Proposal E) -
Fee Proposal
Bucknam Inc Infrastructure Group,.has included a time&materials,not-to-exceed proposed fee
for the City's consideration (separate envelope). Our fee follows the described tasks shown
within the Scope of Work; Hourly Rate Schedule enclosed as well.
Bucknam is willing to"lock-in"our demonstrated hourly rate schedule for the next three years
in regard to the City's PMP contract term. These hourly rates have been utilized for Menifee
since 2015.
As indicated within ourfee,all tasks are neeotiable.
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CITY OFMVVIFEE,CA
2020 Pavement Condition Evaluation Pavement Management Program Update
Proposed Fee-Sep mm6er 10,21220
Description Principal Project GIS Manager 7echniCian Field Admin Total by Task
_ Marta er s
Base Fee $250/hr $175/hr $13S/hr $8fi/hr $7S/hr
Task 1 Nick-off Meeting PMP Services
Task 1.1 Project Kirk off 2 2 $522
Pro-bona PMP Software Evaluation-Recommendation it $0
Task 1.2 Project Status Meetings-41:al ity Cc ntro l Program 3 2 38 $4,063
Task 2 Clio at SAtlsfactton
Task 2.1 Project Deliverables 1 2 2 2 $1,020
Task 3 Project Schedule
Task 3.1 Work Plow/Project Schedule 2 2 $S22
Task 4 Scope of Work
Task 4.1 Update Maintenance and Rehabilitation History
_ Pavemc nt Work History Data Entry 2 1 12 $1,517
Task 4.2 pavement Condition Surveys
CNywlde Street Survey-Walking
Z020Survey(approx.325 miles) 12 6 433 $40.149
Task 4.3 Budgetary Analysis/Pavement Improvement Report 5 1 $1,135
Task 4.4 Final LIP Report/Forecasted Maintenance Reports
2020 B ien n i al Re porti ng 11 32 8 21 1 $7,177
Task 4.5 PMP Mapping and GIS
PMP-GIS Layer Update Cost 2 16 4 $2,854
Task 4.6 Purchase of StreetSaver-Training
Purchase of MicroPAVER annual support $800
PMP Training/On-cal ISupport 3 3 14 $2.134
Reim b ursables(mileage,pri rai ng,materia Is) $4,875
All deliverables will become property of the City of Menifee
All Tasks are negotia ble
Total Hours per Staff 2 66 38 so 3
Total Base Fee $ soe $ 11,sso $ s,d30 $ 43,6g6 $ 225 66,758
O ptlo na I Se rvices
Task 4.2 Base Digital Roadway Imaging will allow for.
Using Digital Rw dway Imagi ng al lows Bockna m to Cc l lea additional asset$u nderone su rvey:
Sin Invento LocalSigns,a pprox.5,50os n sJ TSD
Traffic Signals TBD
Street lights TBD
Guardrails(a pprox.200 TBD
PCC C&G.PCC sidewa Its.ADA c urb ra mps.AC berm(Iocatian/d igitxati on o n ly-loca I51 TB❑
a pprox.sidewalk miles a uals 183 miles-considers 8036sidewalk,C&G both sides)
=no distress fond ition dais eollemd
B ucknam pp.rFo rmed these services do ri ng the 2018 pmip It for Arterials an
Total Base Fee+Optic)nal 18i7
AddiLin naI uptiunal services and/ur services nulsiiie of this contr aCL wil l be negr:lin led with the Ci ly where we will use the
Stdndard Hourly Rate schedule
•Notes/Assumptions:
Task 4.1 Bucknam provide PRO BONO PMS Software evaluation&recommendation report
Task 4.6 If City moms a wa V from Mir.roPAVE R,Bu rk nam will assist the.City in purchasing Iirensud copy of StreetSaver and install w/I MTC Cloud server
' 6.2
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Standard Hourly Rate Schedule
Category Rate
Principal $250
Senior Project Manager 215
Senior Engineer/Planner 195
Construction Manager 185
Pavement Management Project Manager 175
ManagementAnalyst 165
Project Engineer/Planner 155
Senior Engineer/Senior Technician/GIS Planner/Senior inspector 135
A=Engineer/Asst.Technician/GISAnalyst/Inspector 125
C400 Operator 110
Adm in istra rive Assisto nt 105
Field Technician 86
Lierical/Word Processing 75
Forensic Services Quote
Reimhursohks
Mileage $0.67/mile
Suhconsultant Services Cost-r 15%
Reproduction Cost-r 15%
Travel&Subsistence Cost-r 15%
Fees&Permits Cost-r 15%
Computer Services(External) Cost t 15%
Standard Hourly Rates
shown will not be
changed and/or 35aa Seagate Way,Suite 230
increased during the B U C K N A M Oceanside,CA 92056
INFRASTRUCTURE GROUP.INC T:{kna 216-fi5 rn
contrail period www.6u�knarrrinceam
6-3
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