HomeMy Public PortalAbout05) 7.B. HARRIS & ASSOCIATES AGREEMENTAGENDA
ITEM 7.13.
COMMUNITY DEVELOPMENT DEPARTMENT
DATE: February 19, 2013
MEMORANDUM
TO: The Honorable City Council
FROM: Jose E. Pulido, City Manager
Via: Robert Sahagun, Public Safety and Services Manager
Bryan Ariizumi, Public Safety Officer
By: Teresa Santilena, Management Analyst
SUBJECT: AMENDMENT TO THE CONTRACT SERVICES AGREEMENT WITH
HARRIS & ASSOCIATES TO EXPAND THE SCOPE OF SERVICES FOR
THE PAVEMENT MANAGEMENT SYSTEM (PMS) TO INCLUDE
ADDITIONAL DIGITAL IMAGERY WITH GIS LINKAGE
RECOMMENDATION:
The City Council is requested to:
a) Review and approve the Amendment (Attachment "A") in the amount of $13,020 to
the contract services agreement with Harris & Associates to expand the scope of
services for the PMS to include digital imagery with GIS linkage; and
b) Authorize the City Manager to execute said Amendment with Harris & Associates
(Harris).
BACKGROUND:
1. In September 2000, Los Angeles County Department of Public Works completed the
City's pavement management study.
2. On September 26, 2006, RKA Consulting Group submitted the Pavement Evaluation
and Pavement Management Program, which detailed: how pavement inspections
were performed; the City's budgetary needs for pavement maintenance and
improvement; the Pavement Condition Index (PCI) scores for City streets; and a
maintenance and rehabilitation decision tree.
3. On July 20, 2009, RKA Consulting Group submitted an update to the Pavement
Evaluation and Pavement Management Program.
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February 19, 2013
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4. On November 1, 2012, the City issued a Request for Proposals (RFP) for PMS
Services that would: establish baseline data on pavement conditions throughout the
City; allow City staff to learn how to evaluate pavement conditions; implement and
operate pavement management software; and determine budgetary needs over a six
year period for street maintenance and repair.
5. On November 26, 2012, the City received 10 proposals from firms wishing to perform
the PMS. Public Safety and Services staff (i.e., Public Safety and Services Manager
Robert Sahagun, Management Analyst Giselle Corella, and Management Analyst
Teresa Santilena) completed a review of the proposals, and selected the three most
qualified firms (i.e., Harris & Associates, Nichols Consulting Engineers, Chtd., and
MDS Technologies, Inc.) for interviews.
6. On December 3, 2012, the City's selection committee (i.e., Public Safety Officer
Bryan Ariizumi, City Engineer Neville Pereira, Management Analyst Giselle Corella,
and Management Analyst Teresa Santilena) interviewed representatives from the
selected firms. The selection committee determined that the proposal from Harris &
Associates offered the most comprehensive and cost effective scope of services.
7. On December 18, 2012, the City Council approved the contract services
agreement with Harris in an amount of $31,880 to perform the PMS.
8. On January 23, 2013, Public Safety and Services staff (i.e., Public Safety and
Services Manager Robert Sahagun, Public Safety Officer Bryan Ariizumi, City
Engineer Neville Pereira, and Management Analyst Teresa Santilena) met with the
Harris project team (i.e., Project Manager Randall Bliss, Financial Engineer Dennis
Anderson, Project Technician Mike DeVila, and Regional Design Manager Ehab
Gerges) to kick off the PMS project and discuss the benefits of adding digital
imagery services to the scope of services.
ANALYSIS:
The November 2012 RFP identified many pavement management services that are
necessary to maintain and plan for a sustainable and adequate street network, including
a comprehensive evaluation of alleys, parking lots and sidewalks. This assessment will
be crucial in coordinating proposed infrastructure projects. Under their current contract,
Harris will provide these evaluation services and equip the City to implement a
comprehensive PMS. Below is a complete list of services that will be provided by Harris
in the original PMS contract:
• Performance of an inventory and pavement conditions rating survey, for both
asphalt and concrete surfaces, of the streets, alleys, roadways, City owned
parking lots, and sidewalks within the City. The inventory and pavement
conditions rating will identify, at minimum: street geometric; frontage
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February 19, 2013
Page 3
improvements; surface type; surface condition; surface distress; ride/walk quality;
and drainage properties;
• Identification of the type, severity and extent of pavement distress;
• Identification of sections of the City where additional structural testing (i.e.,
Deflection Testing) may be necessary;
• Creation of a database of Temple City streets, alleys, roadways, parking lots and
other pavements in the street network that accurately describes pavement
conditions and identifying features including, but not limited to: location; number
of lanes; functional classification; area; and surface type;
• Development of a formal data collection Quality Management Plan (QMP). The
QMP shall address data quality control for data collection as well as quality
acceptance by City staff;
• Development of a phased repaving cycle, based on the current condition of road
surfaces ranking streets throughout Temple City for maintenance/repair;
• Provision of PMS software capable of creating graphs and charts that will show
the budgetary effects of postponing or cancelling scheduled maintenance;
• Provision to the City of complete hands-on software and pavement inventory and
condition assessment training so that City personnel may operate the system
independently after implementation of the PMS and easily update the system
when new data is gathered and new streets added;
• Provision of recommended tools for City staff to become proficient at performing
the required support of the PMS program in the future, including integration with
future Infrastructure Management System modules, as well as interfacing with an
ESRI compatible Geographic Information System(s) (GIS); and
Provision of a software warranty and post -implementation support.
Upon further discussion of the City's pavement management needs between Public
Safety and Services staff and the Harris project team, it was revealed that collecting
additional digital images and linking said images to the City's existing GIS would be
beneficial. The digital imagery will capture the pavement surface as well as other assets
within the public right of way including signs, traffic signals, trees, sidewalks and many
other street -level attributes. Pavement inspections can then be performed using this
imagery and various assets (e.g., signage and sidewalk) can be viewed and quantified.
The high quality street -level imagery includes stereo 360 degree imaging that is tagged
through Geographic Positioning Systems and becomes measurable and searchable.
Because the images are high resolution and scalable, PMS and quantity measurements
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February 19, 2013
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can be performed directly from the digital images and entered into the PMS Software
program in the office instead of reviewing the sites in the field. A percentage of streets
can be field reviewed for quality control. Under the proposed amendment, Harris will
provide the following additional services:
• Provision of 360 -degree street view digital images to generate geo-coded
panoramic image databases as well as integration with web browsing software.
The digital imagery will provide views of the entire unobstructed pavement area
and surrounding off-site infrastructure such as curbs, gutters, adjacent
intersection pavement, trees, sidewalks and slopes adjacent to the roadway; and
• Creation of a pavement -GIS link between the PMS database and the City's GIS
system. By using unique ID's for each pavement section within the pavement
database and the City's ArcGIS centerline layer, a one-to-one match for each
asset will be created.
CONCLUSION:
The original contract services agreement with Harris included requirements for a current
digital image (i.e., one photograph per residential street and approximately one
photograph per mile for collector and arterial streets, and at changes in condition or use
of roadway) of all City streets and roadways. Upon further discussion of the
requirements of the City, especially the need for a complete sidewalk inventory and an
account of road frontage conditions, staff recommends that additional digital imagery be
performed within the PMS. Linking these images with the City's ArcGIS interface will
allow City staff to enter pavement inspection, work history and other relevant pavement
data into the database. This will allow staff to accurately determine needed current and
future street infrastructure improvements.
FISCAL IMPACT:
On June 28, 2012, the City Council approved the Fiscal Year (FY) 2012-13 City Budget
which included a $50,000 appropriation for PMS services. The proposed Amendment
would add $13,020 to the $31,880 contract services agreement with Harris approved on
December 18, 2012, for a total of $44,900. Sufficient funds have been appropriated in
the current year's adopted budget to accommodate the proposed Amendment.
ATTACHMENT:
A. Amendment to the contract services agreement
ATTACHMENT "A"
FIRST AMENDMENT TO
AGREEMENTFOR
Pavement Management System Services
Between
THE CLOY OF TEMPLE CITY,
a municipal corporation
and
IIarris & Associates
Dated
FIRST AMENDMENT TO
AGREEMENT FOR SERVICES
This Agreement lot Pavement Management System Services ("Agreement") is entered
into as of the date referenced on the cover page ("Effective Date") between the CITY OF
TEMPLE CITY, a charter law city and municipal corporation (-City") and the CONTRACTOR
designated on the cover ("Contractor's) (collectively the "Parties"). In consideration of the
mutual promises and covenants made by the parties and contained here and other consideration,
the value and adequacy of which are hereby acknowledged, the parties agree as follows:
SECTION 1. SCOPE OF SERVICES
1.1 Contractor Services. Subject to the terms and conditions of this Agreement.
Contractor agrees to perforin for City those Pavement Management System services specified in
the Scope of Services attached hereto and incorporated herein by reference as Exhibit "A"
["Services']. Contractor agrees to furnish, for the compensation provided for herein, all labor,
materials, tools, equipment, services, and incidental and customary work necessary to fully and
adequately perform and complete the Services. Contractor agrees to perform the Services in
accordance with all applicable local, state and federal laws, rules and regulations and in
accordance with applicable standards, specifications, and general conditions adopted by City.
Contractor agrees that all work must be of good and workmanlike quality and shall be subject to
inspection and approval by City. Contractor agrees to work closely with City staff in the
performance of Services and shall be available to City's staff, consultants and other staff at all
reasonable times.
1? Extra Work. Contractor shall not be compensated for any work or services
rendered in connection with its performance of this Agreement which are in addition to or
outside of those set forth in the Scope of Services ("Extra Work") except as expressly provided
For herein. It shall be Contractor's responsibility to ensure that the scope and price of any Extra
Work to be performed by Contractor is approved by City in writing in ad\ ince of Contractor's
commencement of such work. City shall not be obligated to pay for or otherwise be liable for
unauthorized Extra Work performed by Contractor.
1.3 Schedule of Performance & Term. Contractor agrees to diligently perform and
complete the Services in accordance with the Schedule of Performance attached hereto and
incorporated herein by reference as Exhibit "B" ["Schedule of Performance'"]. Modifications of
the Schedule of Performance must be agreed upon in writing in advance by the authorized
representative of the parties. The term of this Agreement shall be for one (1 ) year from and after
the effective date, unless expressly provided to the contrary in the Scope of Services, and subject
to early termination as provided for in Section 1 I [Termination] of this Agreement. The term
may be extended by the mutually agreement of the parties memorialized in writing. City
authorizes its City Manager, or his/her designee, to agree to reasonable modifications of the
Schedule of Performance and to extensions of the Term, provided such modifications and
extension do not require additional compensation exceeding the City Manager's authority under
City's purchasing ordinance.
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1.4 General Warranty. Contractor warrants all Services under this Agreement
(which for purposes of this Section shall be deemed to include unauthorized work which has not
been removed and any non -conforming materials incorporated into the Services) to be of good
quality and free from any defective or faulty material and workmanship. All warranties and
guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the
Services, whether express or implied, are deemed to be obtained by Contractor for the benefit of
City, regardless of' whether or not such warranties and guarantees have been transferred or
assigned to City by separate agreement and Contractor agrees to enforce such warranties and
guarantees, if necessary, on behalf of City.
1.5 Repair of Defects. Contractor agrees that for a period of one (1) year from and
atter final acceptance of the Services, or in any guarantee or warranty provided by anv
manufacturer or supplier of equipment or materials incorporated into the Work, whichever is
later, Contactor shall within ten (10) Days after being notified in writing by City of any defect in
the Services or non-conformance of the Services, commence and prosecute with due diligence all
work and services necessary to fulfill the terms of the warranty at his sole cost and expense. In
addition, Contractor shall. at its sole cost and expense, repair and replace any portions of the
work, Facilities, fixtures, or materials damaged by its defective work services or which becomes
damaged in the course of repairing or replacing defective work or services. For any work so
corrected, Contractor's obligation hereunder to correct defective Work shall be reinstated for an
additional one year period, commencing with the date of acceptance of such corrected work.
Contractor shall perform such tests as City may require to verify that any corrective actions are
adequate to remedy the defective condition. In the event that Contractor fails to perform its
obligations under this Section to the reasonable satisfaction of City, then City shall have the right
to correct and replace any defective, non -conforming, or damaged work or services at
Contractor's sole expense. Contractor shall be obligated to fully reimburse City for any expenses
incurred hereunder upon demand.
1.6 Contractor's Representative. Contractor hereby designates the representative
named in Exhibit "D" ["Representatives"], or his or her designee, to act as its representative for
the performance of this Agreement ("Contractor's Representative"). Contractor's Representative
shall have full authority to represent and act on behalf of the Contractor for all purposes under
this Agreement. Contractor's Representative shall supervise and direct the Services, using his or
her 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.
SECTION 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Compensation. City shall pay to Contractor for non -disputed Services rendered
the compensation set forth in Exhibit "C" [Compensation] attached hereto and incorporated
herein by reference. Total compensation shall not exceed The total price or "not to exceed"
amount set forth in Exhibit "C" without the prior written approval of City. City authorizes its
City Manager, or his/her designee, to approve additional compensation for Extra Work as may be
approved under Section 1 above, provided such additional compensation, in the aggregate, docs
not exceed the City Manager's authority under City's purchasing ordinance.
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2.3 Payment of Compensation. Contractor shall submit periodic (monthly or
quarterly as specified by City in Exhibit "C") invoices together with an itemized statement of
Services provided. The statement shall describe the Services provided, the percent of work
complete by item, together with such other reasonable detail and supporting documentation as
may be required by the City Manager, or his/her designee. City will review the statement and
pay, with the exception of any charges for work performed or expenses incurred by Contractor
which are disputed by City, within 30 days of receiving such statement, all approved charges
thereon. Payment to Contractor for work performed pursuant to this Agreement shall not be
deemed to waive any defect in work performed by Contractor.
SECTION 3. RESPONSIBILITIES OF CONTRACTOR
31 Control and Payment of Subordinates; Independent Contractor. Contractor
agrees that all Services shall be performed by Contractor or under its supervision. The personnel
performing the services under this Agreement on behalf of Contractor shall at all times be under
the Contractor's exclusive direction and control. Contractor will determine the means, methods
and details of performing the Services subject to the requirement of this Agreement. Contractor
is and shall at all times remain a wholly independent contractor and not an officer, employee or
agent of City. Contractor shall have no authority to bind City in any manner, nor to incur any
obligation, debt or liability of any kind on behalf of or against City, whether by contract or
otherwise, unless such authority is expressly conferred under this Agreement or is otherwise
expressly conferred in writing by City. Neither Contractor, nor any of Contractor's officers,
employees or agents, shall obtain any rights to retirement, healthcare or any other benefits which
may otherwise accrue to City's employees. Contractor expressly waives any claim Contractor
may have to any such rights.
-3.2 Standard of Care & Licenses. Contractor agrees that all Services shall be
performed in a skillful and competent manner, consistent with the standards generally recognized
as being employed by professionals in the same discipline in the State of California. Contractor
represents and warrants that it, its employees and subcontractors shall have sufficient skill and
experience to perform the Services and that it, its employees and subcontractors have all licenses,
permits, qualifications and approvals of whatever nature that are legally required to perform the
Services, including a City Business License, and that such licenses and approvals shall be
maintained in good standing throughout the term of this Agreement.
3.3 Required Corrections. As provided for in the indemnification provisions of this
Agreement, Contractor shall perform, at its own cost and expense and without reimbursement
from the City, any services necessary to correct errors or omissions which are caused by the
Contractor's failure to comply with the standard of care provided for herein.
3.4 Law and Regulations. Contractor shall keep itself fully informed of and in
compliance with all local, state and federal laws, rules and regulations in any manner affecting
the performance of the Services, including all Cal/OSHA requirements, and shall give all notices
required by law. Contractor shall be liable for all violations of such laws and regulations in
connection with Services.
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3.5 Safety. Contractor shall perform the Services, and maintain its work area, so as
to avoid injury or damage to any person or property and shall otherwise exercise all necessary
precautions for the safety of employees appropriate to the nature of the work and the conditions
under which the work is to be performed.
3.6 Labor Code and prevailing Wage Requirements.
3.6.1 Annrenticeable Crafts. To the extent applicable, Contractor shall comply
with the provisions of Section 1777.5 of the Labor Code with respect to the employment of
properly registered apprentices upon public works.
3.6.2 Hours of Work. Contractor shall comply with the legal days work and
overtime requirements of Section 1813 Labor Code.
3.6.3 Pavroll Records. In accordance with the requirements of Labor Code
Section 1776, Contractor shall keep accurate payroll records which arc either on forms provided
by the Division of Labor Standards Enforcement or which contain the same information required
by such forms. Contractor shall make all such records available for inspection at all reasonable
ho urs.
3.6.4 Prevailim,, Waee Laws. Contractor represents and warrants that it is aware
of the requirements of California Labor Code Section 1720, et seq., and 1770, et sem., as well as
California Code of Regulations, Title 8, Section 1600, et sem., ("Prevailing Wage Laws"). which
require the payment of prevailing wage rates and the performance of other requirements on
"Public Works" and "Maintenance" projects. If the Services are being performed as part of an
applicable "Public Works" or "Maintenance" project, as defined by the Prevailing Wage Laws,
and if the total compensation is $1,000 or more, Contractor agrees to fully comply with such
Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per
diem wages in effect at the commencement of this Agreement. Contractor shall make copies of
the prevailing rates of per diem wages for each craft, classification or type of worker needed to
execute the Services available to interested parties upon request, and shall post copies at the
Contractor's principal place of business and at the project site. Notwithstanding the foregoing,
the parties agree that because CITY is a Charter City, and the Services provided are local in
nature and of municipal concern. Sections 1720, et seq., and 1770, et seq., shall not apply.
3.7 Equal Opportunity Employment. Contractor 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,
sexual orientation, sex or age. Such non-discrimination shall include, but not be limited to, all
activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment
advertising. layoff or termination.
3.8 Unauthorized Aliens. Contractor hereby promises and agrees to comply with all
of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq.. as
amended, and in connection therewith, shall not employ unauthorized aliens as defined therein.
I .A 44%`-4623-'_581 N 1 4
SECTION 4. INDEMNIFICATION
4.1 Indemnity. Except as to the sole negligence. active negligence, gross negligence
or willful misconduct of the Agency or City, Contractor expressly agrees to, and shall.
indemnify, defend, release, and hold the Agency, the City, and their respective officials, officers,
employees, agents, and contractors harmless from and against any Action, liability, loss, damage,
entry, judgment, order, lien, and Costs and Expenses which arises out of, or are in any way
related to. any act or omission of Contractor, or its officers, directors, employees, agents, or
contractors, connected with the performance under this Agreement, notwithstanding that the
Agency and/or City may have benefited therefrom, or any challenge to this Agreement. This
Section shall apply to any acts or omissions, willful misconduct or negligent conduct, whether
active or passive, on the part of Contractor's officers, directors, employees, agents and
contractors, including but not limited to acts or omissions in any way related to, the release,
treatment, use, generation, transportation, storage, or disposal in, on, under, to, or from the
location at which work under this Agreement is performed of any Hazardous Substances by
Contactor or its officers, directors, employees, agents, and subcontractors. The Parties
expressly agree that any payment, or Costs and Expenses the City incurs or makes to, or on
behalf of, an injured employee under the City's self administered workers' compensation. is
included as a loss or Costs and Expenses for the purpose of this Section. The City shall not be
responsible for any acts, errors or omissions of any person or entity except the City and their
respective officers, agents, servants, employees or contractors. The Parties expressly agree that
the obligations of Contractor under this Section shall survive the expiration or early termination
of the Agreement.
4.2 Action. For purposes of this Agreement, "Action" shall mean any suit (whether
legal, equitable, or declaratory in nature), proceeding or hearing (whether administrati%e or
judicial), arbitration or mediation (whether voluntary, court-ordered, binding, or non-binding), or
other alternative dispute resolution process, and the filing, recording, or service of' an), process.
notice, claim, demand, lien, or other instrument which is a prerequisite or prelude to
commencement of the Action.
4.3 Costs and Expenses. For purposes of this Agreement, "Costs and Expenses"
shall mean all costs and expenses, to the extent reasonable in amount, actually and necessarily
incurred by a party in good faith in the investigation, prosecution or defense of an Action,
including, but not limited to, court costs, filing, recording, and service fees, copying costs,
exhibit production costs. special media rental costs, attorneys fees, consultant fees, fees for
investigators, witness fees (both lay and expert), travel expenses, deposition and transcript costs,
and any other costs or expenses, the award of which a court of competent jurisdiction may
determine to be just and reasonable.
4.4 Hazardous Substances. For purposes of this Agreement, "Hazardous
Substances" shall mean any and all of the following:
a. any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or for which liability arises for misuse,
pursuant to the Comprehensive Environmental Response Compensation and Liability Act
(" CERCI,A" ), 42 U.S.C. §9601, et seq.; the Hazardous Materials Transportation Act, 49 U.S.C.
LA 44S»4e'3 2;81 vi 5
§1801, et seq.: the Resource Conservation and Recovery Act ("RCRA"), 42 U.S.C. §6901, et
seq.; the Toxic Substances Control Act, 15 U.S.C.S. §2601, et seq.; the Clean Water Act, 33
U.S.C. §1251, et seq.; the Insecticide, Fungicide. Rodenticide Act, 7 U.S.C. §136, et seq.; the
Superfund Amendments and Reauthorization Act, 42 U.S.C. §6901, el seq.; the Clean Air Act,
42 U.S.C. §7401, el seq.: the Safe Drinking Water Act, 42 U.S.C. §300£ et seq.; the Solid Waste
Disposal Act, 42 U.S.C. §6901, el seq.; the Surface Mining Control and Reclamation Act, 30
U.S.C. §1201, et seq.: the Emergency Planning and Community Right to Know Act, 42 U.S.C.
§11001, et seq.: the Occupational Safety and Health Act, 29 U.S.C. §§655 and 657; the
Hazardous Waste Control Act. California Health and Safety Code ("H.&S.C.") §25100, el seq.:
the IIazardous Substance Account Act, H.&S.C.§25330, et seq.; the California Safe Drinking
Water and Toric Enforcement Act, II.&S.C. §25249.5, et .req.: the Underground Storage of
Hazardous Substances, II.&S.C. §25280, ei seq.; the Carpenter -Presley -Tanner Hazardous
Substance Account Act, H.&S.C. §25300, et seq.; the Hazardous Waste Management Act,
H.&S.C. §25170.1, et seq.: the Hazardous Materials Response Plans and Inventory, H.&SC,
§25001, et seg.; the Porter -Cologne Water Quality Control Act, Water Code §13000, et seq., all
as they may from time to time be amended; and
b. any substance, product, waste or other material of any nature
whatsoever which is or becomes listed, regulated, or for which liability for misuse arises
pursuant to any other federal, state or local statute, law, ordinance, resolution, code, rule,
regulation. order or decree due to its hazardous, toxic or dangerous nature.
SECTION 5. RECORDS AND DOCUMENTS
5.1 Accounting Records.
5.1.1 Maintenance and Inspection. Contractor shall maintain complete and
accurate records with respect to all costs and expenses incurred under this Agreement. Any and
all such documents or records shall be maintained in accordance with generally accepted
accounting principles and shall be sufficiently complete and detailed so as to permit an accurate
evaluation of the services provided by Contractor pursuant to this Agreement. All such records
shall be clearly identifiable.
5.1 .2 Inspection and CoDvinH. Contractor shall allow a representative of City
during normal business hours to examine, audit, and make transcripts or copies of such records
and any other documents created pursuant to this Agreement. Contractor 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 under this Agreement. At no cost to City,
Contractor shall provide copies of such documents or records directly to the City for inspection,
audit and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at Contractor's address
indicated for receipt of notices in this Agreement.
5.2 Ownership of Documents. All original maps, models, designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other documents
prepared, developed or discovered by Contractor in the course of providing any services pursuant
to the Agreement shall become the sole property of City and may be used, reused or otherwise
I n 4.1822-4613 2581 � 1 6
disposed of the City without the permission of the Contractor. Upon completion, expiration or
termination of this .Agreement. Contractor shall turn over to City all such original maps, models.
designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and
other documents
SECTION 6. INSURANCE,
6.1 Maintenance of Insurance. Prior to the beginning of and throughout the term of
this Agreement Contractor will maintain insurance in conformance with requirements established
by City's Purchasing Officer, Finance Director or Risk Manager for the type of Services being
performed. Contractor acknowledges that prior to the effective date of this Agreement, City
provided to Contractor the applicable insurance requirements, a cop), of which are attached
hereto as Exhibit -F" (`Insurance"). Contractor will use existing coverage to comply with these
requirements. If that existing coverage docs not meet the requirements set forth here, Contractor
agrees to amend, supplement or endorse the existing coverage to do so. Contractor
acknov,ledges that the insurance coverage and policy limits provided by City constitute the
minimum amount of coverage required. Ally insurance proceeds in excess of the limits and
coverage required in this Agreement and which are applicable to a given loss, will be available to
the Citv.
6.2 Additional Insureds. Contractor agrees to have its insurer include as additional
insureds City, its officials, employees and agents, under such polices, and using such forms as
may be, identified by the City's Purchasing Officer, Finance Director or Risk Manager.
Contractor also agrees to require all contractors, and subcontractors to do so likewise.
6.3 Proof of Insurance to City. Proof of compliance with the insurance
requirements, consisting of certificates of insurance evidencing all of the coverages required and
such additional insured endorsements as have been required to Contractor's policies shall be
delivered to City concurrently with Contractor's execution of this Agreement, but in no event
later than the Effective Date of this Agreement.
6.4 Subcontractors Insurance. Contractor agrees to ensure that subcontractors, and
any other party involved with the project who is brought onto or involved in the project by
Contractor, provide the same minimum insurance coverage required of Contractor. Contractor
agrees to monitor and review all such coverage and assumes all responsibility for ensuring that
such coverage is provided in conformity with the requirements of this section. Contractor agrees
that upon request, all agreements with subcontractors and others engaged in the project will be
submitted to City for review.
6.5 Modification of Insurance Provisions. City authorizes City Manager to make,
upon the written concurrence of the Finance Director or Risk Manager, reasonable amendments
to the insurance requirements provided by City to Contractor under Section 6.1 of this
Agreement, after considering the Scope of Services. potential liabilities, and the required level of
insurance to adequately protect the City from risk liability.
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SECTION 7. BONDS
Section intentionally deleted. No bonds necessary for these services.
SECTION 8. TERMINATION.
8.1 Termination by City. City may, by written notice to Contractor, terminate with
or without cause. and without any prior notice of default or right to cure by Contractor, the whole
or any part of this Agreement at any time and by giving written notice to Contractor of such
termination, and specifying the effective date thereof, at least three (3) days before the effective
date of such termination. Upon termination, Contractor shall be compensated only for those non -
disputed Services, which have been adequately rendered to City, and Contractor shall be entitled
to no further compensation. Contractor may not terminate this Agreement except for cause.
8.2 Termination by Contractor. Contractor may, by written notice to City,
terminate this Agreement based upon City's failure to timely cure a default tinder this Agreement
as provided herein. At least forty-five (45) days prior to termination, Contractor shall provide
City with a written notice specifying City's alleged default and providing City with a forty-five
(45) day period to cure the default. Should City timely cure such default, the Agreement shall
continue. Should City failure to timely or adequately cure such default, Contractor may
terminate this Agreement by issuance of written notice to City.
SECTION 9. GENERAL PROVISIONS
9.1 Assignment or Transfer. Contractor shall not assign, hypothecate, or transfer,
either directly or by operation of law, this Agreement or any interest herein without the prior
written consent of the City. Any attempt to do so shall be null and void, and any assignees.
hypothecates or transferees shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer.
9.2 Loss and Damage. Contractor shall be responsible for all loss and damage which
may arise out of the nature of the Services agreed to herein, or from the action of the elements, or
from any unforeseen difficulties which may arise or be encountered in the prosecution of the
Work until the same is Cully completed and accepted by City.
9.1 Excusable Delays. Contractor shall not be liable for damages, including
liquidated damages, if any, caused by delay in performance of failure to perform due to causes
beyond the control of Contractor. Such causes include, but are not limited to, acts of God, acts
of the public enemy, acts of federal, state or local governments, acts of City, court orders, fires,
floods, epidemics, strikes. embargoes, and unusually severe weather. The term and price of this
Agreement shall be equitably adjusted for any delays due to such causes.
9.4 Cooperation; Further Acts. The parties shall fully cooperate with one another.
and shall take any additional acts or sign any additional documents as may be necessary,
appropriate or convenient to attain the purposes of the Agreement.
1A 114822-1623-2581 %1 8
9.5 Governing Law. This Agreement shall be interpreted, construed and governed
according to the laws of the State of California. In the event of litigation between the parties,
venue in state trial courts shall lie exclusively in the County of Los Angeles. In the event of
litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California,
located in Los Angeles, California.
9.6 Integration. This Agreement, including the attached Exhibits "A" through "I"', is
the entire, complete, final and exclusive expression of the parties with respect to the matters
addressed therein and supersedes all other agreements or understandings, whether oral or written.
or entered into between Contractor and City prior to the execution of this Agreement. No
statements, representations or other agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding. No amendment to this Agreement
shall be valid and binding unless in writing duly executed by the parties or their authorized
representatives.
9.7 Severability. If a term, condition or covenant of this Agreement is declared or
determined by any court of competent jurisdiction to be invalid, void or unenforceable. the
remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be
read and construed without the invalid, void or unenforceable provision(s).
9.8 Prohibited Interests. Contractor represents and warrants that it has not employed
nor retained any company or person, other than a bona fide employee working solely for
Contractor, to solicit or secure this Agreement. Further. Contractor warrants that it has not paid
nor has it agreed to pay any company or person, other than a bona fide employee working solely
for Contractor, any tee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement.
9.9 Amendments. No amendment to or modification of this Agreement shall be
valid unless made in writing, and approved by the City and the Contractor. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver shall
be void.
9.10 No Third Party Beneficiaries. There are no intended third party beneficiaries of
arty right or obligation assumed by the Parties.
9.11 Delivery Of Notices. All notices required or permitted to be given under this
Agreement shall be in writing and shall be given to the respective parties at the addresses listed
in Exhibit "D". or at such other address as the respective parties may provide in writing for this
purpose. Such notice shall be deemed made when personally delivered or when mailed, forty-
eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and address to the part
at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice
occurred, regardless of the method of service.
9.12 Binding Effect. This Agreement shall be binding upon the heirs, executors,
administrators, successors and assigns of the parties.
LA #4822-4623-2581 N 1 9
9. 13 Waiver. Waiver by any party to this Agreement of any term, condition, or
covenant of this Agreement shall not constitute a waiver of any other term, condition, or
covenant. Waiver by any party or any breach of the provisions of this Agreement shall not
constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of
any provision of this Agreement. Acceptance by City of any work or services by Contractor
shall not constitute a waiver of any of the provisions of this Agreement.
9.14 Attorneys Fees, Costs And Expenses. In the event litigation or other proceeding
is required to enforce or interpret any provision of this Agreement, the prevailing party in such
litigation or other proceeding shall be entitled to an award of reasonable attorney's fees, Costs
and Expenses, in addition to any other relief to which it may be entitled.
9.15 Subcontracting. Contractor shall not subcontract any portion of the work
required by this Agreement. except as expressly stated herein, without prior written approval of
City. Subcontracts, if any, shall contain a provision making them subject to all provisions
stipulated in this Agreement.
9.16 Counterparts. This Agreement may be signed in counterparts, each of which
shall constitute an original.
9.17 Authority To Execute. The person or persons executing this Agreement on
behalf of Contractor represents and warrants that he/she/they has/have the authority to so execute
this Agreement and to bind Contractor to the performance of its obligations hereunder.
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed
the day and year first above written.
CITY OF TEMPLE CITY
13y
City Manager
APPROVED AS TO FORM:
Citv Attorney
I A 0.1X22-16'_3-'_581 v 1 10
CONTRACTOR:
E3y
(Authorized Officer)
Title
Print Name
Phone
EXHIBIT "A" SCOPE OF SERVICES
Task 1: Project Orientation
At the start of the project, Harris will meet with the City to discuss in detail the expectations for
the project, the budget programs to be determined, the field collection method, current
procedures for pavement maintenance, available resources and the project schedule. At this
meeting, the City will provide Ilarris with current unit costs, recent treatment histories or newly
acquired street data and the City's expected funding.
At this meeting, the City will provide Harris with:
Any updated City map showing all public streets and alleys within the City.
All street maintenance history data (Residential and Arterial), including slurry seal and
overlay projects.
City anticipated annual Street rehabilitation CIP budget.
Identification of any Maintenance Zones.
Functional classification (i.e.. arterial. collector, local).
Current improvement strategies and unit costs.
1'he maintenance history update will be an integral part in establishing the Pavement Condition
Index for those streets that recently underwent rehabilitation.
Task 2: Field Data Collection
Harris will conduct a field inventory on all streets within the City (approximately 75 Centerline
miles) to collect cX verify the following data:
- Name ofthe street
Limits of the puveinent segment (f orn-'to) — A description of the limits of each pavement
section. The limits will note the side of the boundary street from which the segment was
taken (e.g., "N/S MAIN ST" refers to the north side of the intersection at Main St.). If
the limits exists between intersections, then the description may be an address, post mile
marker, or a distance from a ]mown point of reference (e.g., "500' N/O MAIN ST").
Length and ividth of the pavement segment — The length of each segment will be
measured using an electronic DMI (Distance Measuring Instrument) attached to and
specifically calibrated for a vehicle. The DMI unit will be recalibrated prior to the start
of the field inventory. City staff is welcome to test the accuracy of the measurements.
The width will be measured using a standard measuring wheel, and will be measured
from edge of pavement to edge of'pavement.
- Total m eu of the pavement segment — This will be calculated from the length and width
measurements. Adjustments may be made for medians, cross gutters, planters, etc., and
will be noted for each segment, if applicable.
L.a114822-162 2581 Vi K
Umber of travel Innes - The number of travel lanes, excluding parking lanes. This
would include the double left turn lane in the center, if applicable.
- Surface tJ,Pe - such as AC, PCC, Gravel, or Dirt
Sia face distress - A walking survey of a representative street segment (approximately every
1000 feet) will be made and its condition recorded based upon actual surface conditions and
physical characteristics of the segment. The following distress will be reviewed based in part on
criteria described in ASTM Standard D6433-09 - Pavement Management for Airports. Roads
and Parking Lots:
Asphalt Conrrele Pavemews:
1. Alligator/fatigue cracking
I Block Cracking
3. Bumps and Sags
4. Rutting and Depressions
Longitudinal and transverse cracking
6. Patching and utility, trenches
7. Raveling and weathering
8. Potholes
Portkmd Cement Concrete Pavement
1. Corner breaks
I Durability "D" cracking
3. Joint sealant damage
4. Joint and corner spilling
5. Longitudinal and transverse cracking (both non -reinforced and reinforced slabs)
6. Popouts
7. Shrinkage cracking
Identification of street geometry, frontage improvements and drainage properties will not be
included in the scope because these are not factors that are used lot determining existing
pavement condition.
Task 3 - Photo Documentation
fhe scope will include a current digital image of all streets and roadways surveyed (standard rule
of thumb is one photograph per residential street and approximately one photograph per mile for
collector and arterial street, and at changes in condition or use of roadway). Photos will be
labeled by street name and numbered sequentially in a west to east or south to north direction if
multiple photos are required for any particular street.
LA P4822-1623-2581 V L
Task d — Identification of Roadway Section Requiring Structural Testing
The scope required identification of street segments where additional structural testing such as
Component Analysis or Deflection Testing may be necessary. This evaluation will be limited to
Arterial and Collector streets only and based on an agreed upon target range of PCI's (i.e.. 60-
40).
"Task 5 — Quality Management Plan
Scope of work shall include the development of a formal data collection Quality Management
Plan (QMP). The QMP shall address data quality control for data collection as well as quality
acceptance by City staff.
Task 6 — Treatment History Update
Harris will review the City provided records, databases, maps, and plans to obtain as much
pertinent information as possible on any newly constructed or rehabilitated streets within the
City. This data should include the following, if available:
- Maintenance history and capital improvement projects since last update
- Identification of any Maintenance Zones
- Functional classification (i.e., arterial, collector, local)
- Current improvement strategics and unit costs
The maintenance history update will be an integral part in establishing the Pavement Condition
Index for those streets that recently underwent rehabilitation.
Task 7 — Pavement Management Data Entry and PCI Calculations
Once all field reviews have been completed all findings will be entered into a Pavement
Condition Index (PCI) and pavement rehabilitation treatment will be generated for each street
surveyed after the data entry has been completed.
Upon completion of the data entry tables will be generated showing each street section and its
current PCI. The PCI is presented using a scale of 0 to 100, where 0 is the worst condition and
100 is the best condition.
An electronic copy of the updated Streetsaver database will be provided to the City.
Task 8 — Define Repair/Rehabilitation Strategies
Following review of the pavement condition inventory data, the various repair/rehabilitation
strategies will be discussed. Ilarris will review the City's existing repair and rehabilitation
strategies, and assist the City with development of cost effective preventative maintenance.
repair, and rehabilitation strategies.
LA 4.1822-1623-2581 0 M
The strategies will be developed based on road class, type of surface and specific needs of the
Cite. The task will deliver recommended strategies that are based upon the selection of
appropriate activities, unit costs, and lite cycles for the City.
Task 9 — Develop 6 -Year Capital Improvement Plan
Once the repair/rehabilitation strategies have been defined, Harris will identify the recommended
maintenance and rehabilitation projects for all streets over a 6 -year period. The recommended
projects would be identified on the basis of several criteria: cost/benefit analysis, present
pavement conditions, current and unconstrained funding levels. future routine and major
maintenance needs based on projected deterioration rates, and desired levels of service.
The primary emphasis of this task is to maximize the programming of street maintenance
projects using the most cost-effective maintenance strategies available. and taking into account a
life cycle cost analysis of each strategy recommended.
Following this analysis, project lists would be generated for four (d) finding levels:
- Unconstrained Funding Level;
- Zero Funding Level;
- City's Current Projected Funding Level; and
- Harris' recommended funding level for the City.
In this way, if available finding is less than required for completion of recommended projects
within a given year, it will be easy to determine which projects can be deferred with the least
impact on current pavement conditions and future rehabilitation costs, in addition to showing the
total backlog of street maintenance work.
I'he funding scenarios will be rerun once based on the City's comments on the Draft Report.
Task 10 — Final Report
Harris will prepare an executive summary report that will summarize: the objectives for a sound
pa%ement management program; the field data collection techniques and data necessary to
generate a reliable pavement management program; the assessment and evaluation results; and
present condition of streets evaluated and rehabilitation and maintenance strategies proposed.
Harris will also provide our conclusions and recommendations within the executive summary.
The Pavement Management Program Report will provide a summary of the findings from the
condition survey with the corresponding recommendations for the implementation of a cost
effective maintenance program.
The report will be prepared in a format that will utilize the information gathered and analyses
performed by Barris during the course of the project. The report will provide the City with
information on:
I.n 4482-1-io2; ?SSI %1 N
Current pavement conditions shown in tabular format (best to worst condition) and
graphical format for all street classifications and surface types, in order to establish user -
benefit relationships
Recommended maintenance and rehabilitation strategies
Project schedules and associated budgets (i.e., adjusted for inflation within the software
based on user selected inflation factors) for the entire network, as well as each street
segment, for each fiscal year over the seven year period
Priority projects that should be scheduled for immediate maintenance, based on existing
conditions
An analysis that allows the City to measure and understand the impact on and cost of
deferred maintenance for the City street network
Deliverable: Pavement Management Report (I hard copy, 1 electronic copy)
Streetsaver pavement data on CD -Roth
Task 11 — PMP Software and Staff Training
Software
Scope and fee includes procurement and implementation of the latest version of MTC's
Streetsaver PVIP Program Online Version 9.0. Program cost are based on an amnual subscription
fee. Support and use of the Streetsaver program will be limited to those included in the almual
subscription agreement with MTC and no additional warranty or support will be allowed
therefore.
Software Training
Harris project manager will provide 12 hours of training sessions in the operation of the
Pavement Management Program and system procedures. 'I he software operation training will
cover pavement section definition, data collection, pavement conditions surveys, data
entry /editing, database calculations, budge needs/analysis, report generation and database
management. Training topics may be added or subtracted within the scope of the hours allotted
to this task.
A workbook will be handed out as part of this training. The City will provide facilities for this
training. Harris can provide a computer projector for lecture -style training. Otherwise, the City
will provide a training facility with as many computers the City deems necessary for attendees.
Field Survev Training
I larris will conduct one half day pavement condition stuvey training workshop. This workshop
will focus on data collection methods, pavement distress identification, and field data entry. It is
LA 4 VI 0
expected that a portion of this workshop will be conducted in a classroom, with the majority of
the training held in the field. Field training will be conducted as Harris technicians conduct the
projects field ratings.
Training is needed for City personnel to operate the system independently after implementation
of the Pavement Management System.
Task 12 — Sidewalk Inventory
The City is interested in conducting an evaluation of various concrete distresses for existing
sidewalks. Based on discussions with City staff, it is assumed that 204% of the City's 75 miles
(15 miles) of roadways have existing PCC sidewalks. Taking met account both sides of the
street. it is assumed that up to 30 miles of sidewalk will be reviewed and evaluated as part of this
project. During the course of this project, if it is determined that the quantity of sidewalk to be
reviewed is more than 54,6 greater than the 30 miles assumed here, additional scope and fee will
need to be negotiated for the additional areas prior to completion of the sidewalk inventory.
The approach presented in this proposal includes data collection using a manual method, where
sidewall, data is documented on paper worksheets and then entered into a MS Excel spreadsheet
in the office. The deliverable to the City will be a NIS Excel spreadsheet which can be sorted by
location (street and address) or distress type.
Harris will develop an inventory guideline that will be used to conduct the concrete distress field
inspections. The guideline will detail the information to be collected for sidewalks, and
procedures for handling anomalies. The guidelines will be reviewed and approved by the City
prior to commencing any fieldwork. Incorporated into the guidelines will be the data collection
worksheets that will be tilled out by each field technician. The guidelines will be used as part of
the quality control effort for fieldwork. These guidelines will be critical for perpetuating the data
in the future.
Preliminary Concrete distresses to be included in the guidelines may include the following:
- Vertical displacements greater than V2-
- Cracks larger than 1/2"
- Curb and gutter: lifted and/or depressed curb and gutter, areas of ponding, etc.
- Need for root priming
- Severity. prioritization, and recommendation of concrete deficiencies
- Severely cracked or broken PCC improvements
Harris' project manager will QC inspection work completed by inspectors at 25% and 100°O
completion of field inspection. A total of 5% of the sidewalk distress inventory will be reviews
for quality. This step helps confirm that inspections are accurate and the methodology is
consistent between inspection crews. Additional QC measures will be performed during the
office data entry process to determine if the field collected data is being accurately entered into
the NIS Excel spreadsheet.
LA 44822-4623-2591 \ 1 p
Harris & Associates will provide a brief evaluation of the sidewalk data collected for this project
in an executive summary. Supporting field collected data and an opinion of probable
replacement costs will be provided. A formal report outlining sidewalk repair strategies and
budget scenarios is not anticipated.
OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the promises made and recited herein, the
parties do hereby enter into this First Amendment which modifies and amends the Agreement as
follows:
AMENDMENT. The agreement is hereby modified and amended as follows:
Task 13 — Digital Imagery
Provide 160 -degree street view image acquisition using a proprietary scanning system. image
processing to generate geo-coded panoramic image databases, and integration with web
browsing software. Geo -referenced Digital Imagery will be provided by sub -consultant ia1 City.
Scope includes providing imagery of the entire unobstructed pavement area and surrounding off-
site improvement such as curb, gutter, adjacent intersecting pavement, trees, sidewalks and
slopes adjacent to the roadway. Scope includes capturing and managing the digital imagery and
use of the web based browser.
Task 14 — Link Pavement Management Data to Existing CIS System
The Harris team will create a pavement -GIS link between the PMP database and the City's GIS
system.
Once the City has approved the Pavement Management Report, the Harris team will complete
the development of the necessary PMP _GIS linkages. By using the unique ID's for each
pavement section within the pavement database and the City's ArcGIS centerline layer, Harris
will create a one-to-one match for each asset section in the GIS; this will allow City staff to enter
pavement inspection, work history and other relevant pavement data into the database and view
the results in the City's ArcGIS interface.
Once the data is linked to the GIS environment, all pavement data that is in the City's pavement
management program will have the ability to be queried grouped and reported.
I_ uaa.r-to 3- ;yi vi Q
EXHIBIT "B" SCHEDULE OF PERFORMANCE
It is anticipated that the scope of work outlined above will take approximately 6 weeks to
complete from the formal notice to proceed (NTP). The project is expected to be concluded by
February 38, 3013, A formal schedule will be provided at the project kick-off meeting and may
he adjusted based on input from City staff.
AMENDMENT. The agreement is hereby modified and amended as follows:
It is anticipated that the scope of work for the additional services outlined above will be
completed by September, 3013. Due to the nature of the data collection for digital imagery, this
wort: is best completed in summer months (i.e., May, June, or July). A formal schedule will be
determined by City staff and Harris & Associates.
LA 448224C,23-2591 v R
EXHIBIT "C" COMPENSATION
See Attached
In addition to the attached compensation table, the total compensation for the
Services shall not exceed $32,000.00, as provided in Section 2 of this Agreement.
BUDGET AND AUTHORIZATION
The table below provides a breakdown of hours. assignments, and budgeting for the work
program. The total funding requested under this Agreement is $31,880. The request is
based upon project information provided to Harris & Associates and does not account for
ani' additional fluctuations that may occur in the work program through the remainder of
the project. Please indicate your acceptance of this work program by signing the
approval line below and returning the original to us.
Total Hours per Staff
Total for Patenlenl Management System
QC
Description
I ask I
Project Orientation
j I ask 2
Field Review and Inventory
It ask 3
Photo Documentation
Task -1
Identification of Roadway Sections for
$80/hr
Structui a] Testing
"I a,1, 5
�)ualit) Management Plan
Ta,k 6
1 reatmenl History Update
Task 7
Pavement Management Data Entr} and
88
PCI Calculations
Task 8
Define Repan/Rehabilitation Strategies
I , ,1, 9
DeN clop 6 -Year Capital Improvensnt Plan
_
'faskl0
Fmul Report
I wk I 1
PNTP Software and Staff_ Training
I ask 12 _Slde\salk
Inventory (30 Miles ttlav)
Total Hours per Staff
Total for Patenlenl Management System
QC
Project
Engineering
PNIP 'Total by
Manager
Manager
Technician
Software _Task_ _
--
S300Atr
$175/hr
$80/hr
-�-
2
1
67(1
12
88
$9, 1 40
---
14
$L920I
2
_
1
_
$4311
2
2
5750
2
16
$1,630
1
4
'8 —.
$3,140
4
2
$860
8
12
$3.3611
2
4
16
_
.4
20
_$2,380
$I,Soc $3,800'
1
8
4l1
_ $4.800
6
52
251
$1,100
89,1110
$10,080
_ _ 131,830
Total Lump Sum Not-to-Lseeed Cost
$31,880 j
AMENDMENT. The agreement is hereby modified and amended as follows:
Harris proposes to provide said additional services for the total hourly "not -to -exceed"
fees presented below:
LA R48]'_ -h,23-'_581 v I
Description QC Project Engineering ralCity Sub Total
Manager Manager Technician Consultant by
s as
Task 13 pigital Imager), (75 Niles)
Task Id Field Review and Inventory
otal Hours per Staff
Total for Pa\'ement Management System
$200/hr $175/hr $80/hr
2 4
1 d _.._ 4U__-
1 6 44
$200 $1,050 $3,520
Total Lump Sum Not -to -Exceed additional Fees =
L.\#dS_3-dn'_3-_'SSI vl '�'
$8.250 $3,y 211
Sd, l UU
58,250 $13,020
$13,020
EXHIBIT "D" REPRESENTATIVES
City of Temple City
Community Development Department
9701 Las Tunas Drive
1'emple City, California 91780
Attn: Robert Sahagun
Facsimile: (626) 285-8192
Ilarris & :Associates
34 Executi\e Park, Stute 150
lwine, CA 92614
Attn: Randall Bliss
LA 948224(,23-2581 v 1 21
ENIIIBIT "E" BONDS REQUIRED
None Required
1A 44822-4b23-2581 N 1 22
EXHIBIT "F" INSURANCE
CONT1;LkCT0R shall not commence work under this contract until CONTRACTOR shall
have obtained all insurance required by this Agreement and such insurance shall have been
approved by the CITY as to form, amount, and carrier; nor shall CONTRACTOR allow
any subcontractor to commence work on any subcontract until all similar insurance
required of the subcontractor shall have been so obtained and approved.
(a) COMPENSA] ION INSURANCE - CONTRACTOR shall take out and maintain
during the life of this contract, Worker's Compensation Insurance for all of
CONfRACTOR's employees employed in connection with this Agreement; and
if any work is sublet. CONTRACTOR shall require the subcontractor similarly to
provide Worker's Compensation Insurance for all of the latter's employees.
unless such employees are covered by the protection afforded by
CONTRACTOR. If airy class of employees engaged in work under this contract
is not protected under any Workers' Compensation law, CON FRACfOR shall
provide and shall cause each subcontractor to provide adequate insurance for the
protection of employees not otherwise protected. CONTRACTOR shall
indemnity CITY for any damage resulting to it from failure of either
CONTRACTOR or any subcontractor to take out or maintain such insurance.
(b) COMPREHENSIVE GENERAL LIABILITY, PRODUCTS/COMPLETED
OPERATIONS HAZARD. COMPREHENSIVE AUTOMOBILE LIABILITY
AND CONTRACTUAL GENERAL LIABILITY INSURANCE —
CONTRACTOR shall take out and maintain during the life of this contract such
comprehensive general liability, products/completed operations hazard,
comprehensive general liability and contractual general liability insurance as shall
protect CITY, its elective and appointive boards, officers, agents and employees.
CONTRACTOR, and any subcontractor performing work covered by this
contract, from claims for damage for personal injury, including death, as well as
from claims for property damage which may arise from CONTRACTOR's or any
subcontractor's operations under this contract, whether such operations be by
CONTRACTOR or by any subcontractor, or by anyone directly or indirectly
employed by either CONTRACTOR or any subcontractor, and the amounts of
such insurance shall be as follows:
(1) Public Liability Insurance in an amount of not less than ONE MILLION
DOLLARS ($1.000,000);
(3) Products/Completed Operations Hazard Insurance in an amount of not less
than ONE MILLION DOLLARS ($1,000,000);
(3) Comprehensive Automobile Liability Insurance in an amount of not less
than ONE MILLION DOLLARS ($1,000,000);
I A 4 sr -i si N 1 23
(4) Contractual General Liability Insurance in an amount of not less than
ONL MILLION DOLLARS ($1,000.000).
A combined single limit policy with aggregate limits in an amount of not less than
'TWO MILLION DOLLARS ($2,000,000) shall be considered equivalent to the
said required minimum limits set forth hereinabove.
(c) PROOF OF INSURANCE — The insurance required by this AGREEMENT shall
be with insurers which are Best A rated, and California Admitted or better. The
CITY of "Temple City shall be named as "additional insured" on all policies
required hereunder, and CONTRACTOR shall furnish CITY, concurrently with
the execution hereof, with satisfactory proof of carriage of the insurance required,
and adequate legal assurance that each carrier will give CITY at least thirty (_0)
days' prior notice of the cancellation of any policy during the effective period of
the contract.
(d) NOTICE TO COMMENCE WORK — The CITY will not issue any notice
authorizing CONTRACTOR or any subcontractor to commence work under this
contract until CONTRACTOR has provided to the CITY the proof of insurance as
required by subparagraph (c) of this article.
LA #4822-4623-2581 Vi 24