HomeMy WebLinkAbout25D - AGMT - PAVEMENT MNGT SRVSREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
DECEMBER 15, 2015
TITLE:
AGREEMENT WITH BUCKNAM
INFRASTRUCTURE GROUP, INC., FOR
PAVEMENT MANAGEMENT SERVICES
(PROJECT 16 -6855)
(STRATEGIC PLAN NO. 6, 1A & IF)
_ 1
CITY MANA
RECOMMENDED_ ACTION
CLERK OF COUNCIL USE ONLY:
❑ As Recommended
❑ As Amended
❑ Ordinance on 1 e° Reading
❑ Ordinance on 2nd Reading
❑ Implementing Resolution
Il Set public Hearing For
CONTINUED TO
Authorize the City Manager and Clerk of the Council to execute an agreement with Bucknam Infrastructure
Group, Inc., subject to nonsubstantive changes approved by the City Manager and City Attorney, to
provide pavement management consultant services for a one -year term to expire on December 31, 2016,
for a total amount not to exceed $89,000.
Approval of this recommended action will allow the City to retain professional services for updating the
City's Pavement Management Program (PMP). The PMP is an essential tool in determining the condition,
expected life, recommended improvements, and associated costs of the City's pavement assets. The
program enables the City to prioritize pavement rehabilitation projects where they are most cost effective.
In addition, an updated PMP is required for the City to remain eligible for Measure M2 funding programs,
and to allow a reduced local match requirement for using those funds.
On October 14, 2015, the Public Works Agency released a Request for Proposals (RFP) on the City's
website for updating the City's Pavement Management Program. Five letters of intent were received on
October 23, 2015, and three proposals were received on October 29, 2015.
The proposals were evaluated and ranked by a review committee comprised of personnel from the Public
Works Agency. Ranking criteria included firm and personnel experience, understanding of need, relevant
project experience, references, and proposal fee. The rating of the firms is as follows:
NAME OF FIRM RATING
Bucknam Infrastructure Group, Inc. 90.4
Dynatest Consulting Inc. 70.6
The Barnhardt Group 64.9
The proposal by Bucknam Infrastructure Group, Inc., contains adequate labor efforts to complete the
required services. The firm's rates are reasonable and within industry standards, and their proposal was
found to provide the best value and qualifications, and is appropriate for this program. Their proposed fee
2513-1
Agreement with Bucknam Infrastructure Group, Inc.
Pavement Management Consulting Services
December 15, 2015
Page 2
in the amount of $80,744 plus an approximate ten percent contingency yields a recommended not -to-
exceed total contract of $89,000 (Exhibit 1).
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6: Community Facility & Infrastructure,
Objective #1 (Establish and maintain a Community Investment Plan for all City assets), Strategy A
(Develop a complete inventory of all assets to determine the scope of improvements needed to sustain the
City's current infrastructure investment), and Strategy F (Perform periodic measurements to monitor and
update each asset's condition and ensure adequate funding for repair and /or replacement costs in future
budgets).
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding in the amount of $89,000 is available in the approved Fiscal Year 2015 -16 Capital Improvement
Program (Project No. 166855), for expenditure in Fiscal Year 2015 -16 from the Measure M2 Program
(Account No. 03217662 - 66220).
Executive Director
Public Works Agency
FM /EWG /JG /KN
APPROVED AS TO FUNDS AND ACCOUNTS:
1.
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement for Pavement Management Consultant Services
2501-2
CONSULTANT AGREEMENT
CITY OF SANTA ANA
THIS AGREEMENT is made and entered into this 16a' day of December, 2015 by and between
Bucknam Infrastructure Group, Inc., a California corporation, (hereinafter "Consultant ") and the City of
Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and
laws of the State of California, (hereinafter "City ").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the field of
pavement management practices. The Consultant shall perform pavement condition surveys and
budgetary analysis as part of the update to the City's Pavement Management Program (PMP).
The PMP surveys and analysis shall comply with Orange County Transportation Authority
(OCTA) guidelines.
B. Consultant represents that Consultant is able and willing to provide such services to the City.
C. In undertaking the performance of this Agreement, Consultant represents that it is
- --
knowledgeable in its field and that- any - services - performed- by Consultant- under -this Agreement
will be performed in compliance with such standards as may reasonably be expected from a
professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms
and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform during the term of this Agreement, the tasks and obligations including
all labor, materials, tools, equipment, and incidental customary work required to fully and adequately
complete the services described and set forth in Scope of Services - Exhibit A, attached hereto and
incorporated by reference. The Scope of Services shall include a Schedule for the Delivery of Services,
which shall be delivered as scheduled, beginning upon the City's issuance of a Notice to Proceed.
2. COMPENSATION
City agrees to pay, and Consultant agrees to accept as total payment for its services for City, a
fee of $80,744 in accordance to rates and charges identified in Compensation - Exhibit B, attached
hereto and incorporated by reference, in accordance with Section 18. A contingency of ten percent
(10 %) shall be available, at the discretion of the Executive Director of Public Works, for services that
are currently not anticipated, but may be required to complete the Project. The total sum to be expended
under this Agreement shall not exceed $89,000 during the term of this Agreement.
3. TERM
This Agreement shall commence on the date first written above and terminate on December 31,
2016, unless terminated earlier in accordance with Section 15, below. The term of this Agreement may
be extended by a writing executed by the City Manager and the City Attorney.
EXHIBIT 1
25D -3
Page 1 of 8
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an independent
contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to
create an employer - employee relationship, a joint venture relationship, or to allow the City to exercise
discretion or control over the professional manner in which Consultant performs the services which are
the subject matter of this Agreement; however, the services to be provided by Consultant shall be
provided in a manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance
and similar taxes relating to employees and shall be responsible for all applicable withholding taxes.
5. OWNERSHIP OF MATERIALS
This Agreement creates a non - exclusive and perpetual license for City to copy, use, modify,
reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans,
specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any
tangible medium of expression, including but not limited to, physical drawings or data magnetically or
otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant
under this Agreement ( "Documents & Data "). Consultant shall require all subcontractors to agree in
writing that City is granted a non - exclusive and perpetual license for any Documents & Data the
subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has
the legal right to license any and all Documents & Data. Consultant makes no such representation and
warranty in regard to Documents & Data which were 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.
6. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain and
shall require its subcontractors, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial general
liability insurance naming the City, its officers, employees, agents, volunteers and
representatives as additional insured(s) and shall include, but not be limited to protection
against claims arising from bodily and personal injury, including death resulting
therefrom and damage to property, resulting from any act or occurrence arising out of
Consultant's operations in the performance of this Agreement, including, without
limitation, acts involving vehicles. The amounts of insurance shall be not less than the
following: single limit coverage applying to bodily and personal injury, including death
resulting therefrom, and property damage, in the total amount of $1,000,000 per
occurrence, with $2,000,000 in the aggregate. Such insurance shall (a) name the City, its
officers, employees, agents, and representatives as additional insured(s); (b) be primary
and not contributory with respect to insurance or self - insurance programs maintained by
the City; and (c) contain standard separation of insured's provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single limit
of not less than $1,000,000 per occurrence. Such insurance shall include coverage for
owned, hired and non -owned automobiles.
Page 2 of 8
25D -4
C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of
the Labor Code, Consultant, if Consultant has any employees, is required to be insured
against liability for worker's compensation or to undertake self - insurance. Prior to
commencing the performance of the work under this Agreement, Consultant agrees to
obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit of
not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant pursuant
to this section:
i. Consultant shall maintain all insurance required above in full force and effect for
the entire period covered by this Agreement.
ii. Certificates of insurance shall be furnished to the City upon execution of this
Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty (30)
days prior written notice to-the C City. - - — - -
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f If Consultant fails or refuses to produce or maintain the insurance required by this section
or fails or refuses to furnish the City with required proof that insurance has been procured
and is in force and paid for, the City shall have the right, at the City's election, to
forthwith terminate this Agreement. Such termination shall not affect Consultant's right
to be paid for its time and materials expended prior to notification of termination.
Consultant waives the right to receive compensation and agrees to indemnify the City for
any work performed prior to approval of insurance by the City.
7. INDEMNIFICATION
To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless
City, its officers, agents and employees (collectively, the "indemnified parties ") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines, penalties,
liabilities, costs and expenses (including, without limitation, attorney's fees, disbursements and court
costs) of every kind and nature whatsoever (individually, a claim; collectively, "claims "), to any work
performed or services provided under this Agreement arising out of relating to or pertaining to the
negligence, recklessness or willful misconduct of Consultant, its principals, officers, agents, employees,
vendors, suppliers, contractors, subcontractors, anyone employed directly or indirectly by any of them or
for whose acts they may be liable for any or all of them. Notwithstanding the foregoing, nothing herein
shall be construed to require Consultant to indemnify the indemnified parties from any claim arising
from the sole negligence or willful misconduct of the indemnified parties. This indemnity shall apply to
all claims and liability regardless of whether any insurance policies are applicable. The policy limits do
not act as a limitation upon the amount of indemnification to be provided by the Consultant.
Page 3 of 8
25D -5
8. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States' letters
patent, trademark, or copyright infringement, including costs, contained in the work product or
documents provided by Consultant to the City pursuant to this Agreement.
9. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed under
this Agreement. Consultant shall maintain complete and accurate records with respect to the costs
incurred under this Agreement and any services, expenditures, and disbursements charged to the City for
a minimum period of three (3) years, or for any longer period required by law, from the date of final
payment to Consultant under this Agreement. All such records and invoices shall be clearly identifiable.
Consultant shall allow a representative of the City to examine, audit, and make transcripts or copies of
such records and any other documents created pursuant to this Agreement during regular business hours.
Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to this
Agreement for a period of three (3) years from the date of final payment to Consultant under this
Agreement.
10. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such information is
reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or
disclose such information except in the performance of this Agreement, and further agrees to exercise
the same degree of care it uses to protect its own information of like importance, but in no event less
than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential
information includes not only written information, but also information transferred orally, visually,
electronically, or by other means. Confidential information disclosed to either party by any subsidiary
and /or agent of the other party is covered by this Agreement. The foregoing obligations of non -use and
nondisclosure shall not apply to any information that (a) has been disclosed in publicly available
sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in
rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant without reference to
information disclosed by the City.
11. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services. Conflict may be further
specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement by
reference.
Page 4 of 8
25D -6
12. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable
law, in the recruitment, selection, training, utilization, promotion, termination or other employment
related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all
applicable federal, state and local laws and regulations and as further specified in Certifications -
Exhibit C, attached hereto and incorporated in this Agreement by reference.
13. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this
Agreement shall prevail. This Agreement may not be modified except by written instrument signed by
the City and by an authorized representative of Consultant. The parties agree that any terms or
conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the
terms and conditions hereof, shall not bind or obligate Consultant or the City. Each party to this
Agreement aclrnowledges that no representations, inducements, promises or agreements, orally or
otherwise, have been made by any party, or anyone acting on behalf of any party, which is not embodied
14. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written
consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior
written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit
the City's ability to have any of the services which are the subject to this Agreement performed by City
personnel or by other consultants retained by City.
15. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of termination,
subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to deliver
to the City all work product(s) completed as of such date, and in such case such work
product shall be the property of the City unless prohibited by law, and Consultant
consents to the City's use thereof for such purposes as the City deems appropriate.
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
Page 5 of 8
25D -7
16. JURISDICTION - VENUE
This Agreement has been executed and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that Orange
County, California, shall be the venue for any action or proceeding that may be brought or arise out of,
in connection with or by reason of this Agreement.
17. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits,
approvals, waivers, and exemptions necessary for the provision of the services hereunder and required
by the laws and regulations of the United States, the State of California, the City of Santa Ana and all
other governmental agencies. Consultant shall notify the City immediately and in writing of its inability
to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be
cause for termination of this Agreement.
18. PAYMENTS & INVOICES
a. Payment by City shall be made within 45 days (forty -five) days following receipt of
proper invoice evidencing work performed, subject to City accounting procedures. City
shall retain ten percent (10 %) of the invoice amount from each payment until the
completed Project has been accepted by the City. Payment need not be made for work
which fails to meet the standards of performance set forth in the Recitals which may
reasonably be expected by City.
b. Invoices should be submitted on the 15th of each month and shall include the following
information at a minimum:
i. Consultant's invoice number and City's agreement number
ii. Beginning and ending dates for services
iii. City Project and/or Task Order number and/or name (if applicable)
iv. Work site address /location (if applicable)
V. Tasks or deliverables completed and percentage ( %) of total services completed.
vi. Remaining Overall and Task Order budget available
19. MISCELLANEOUS PROVISIONS
a. Additional provisions, if any, are identified as Additional Provisions, Exhibit D, attached
hereto and incorporated into this Agreement by reference.
Each undersigned represents and warrants that its signature herein below has the power,
authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify City fully, including reasonable costs and attorney's fees, for any
injuries or damages to City in the event that such authority or power is not, in fact, held
by the signatory or is withdrawn.
C. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set
forth in the body of this Agreement.
Page 6 of 8
25D -8
20. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall
be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or
certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner
provided in this Section, to the following persons:
To City:
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M -30)
P.O. Box 1988
Santa Ana, CA 92702 -1988
Fax: 714- 647 -6956
With courtesy copies to:
Fred Mousavipour
Sonia R. Carvalho
Executive Director, Public Works Agency
City Attorney
- -- City of-Santa Ana---- - - --
- -C-ity of Santa —
20 Civic Center Plaza (M -21)
20 Civic Center Plaza (M -29)
P.O. Box 1988
P.O. Box 1988
Santa Ana, California 92702
Santa Ana, California 92702
Fax: 714 -647 -5635
Fax: 714- 647 -6515
To Consultant:
Mr. Peter Bucknam
President
Bucknam Infrastructure Group, Inc.
3548 Seagate Way, Suite 230
Oceanside, California 92056
Fax: 760-216-6549
A party may change its address by giving notice in writing to the other party. Thereafter, any
communication shall be addressed and transmitted to the new address. If sent by mail, communication
shall be effective or deemed to have been given three (3) days after it has been deposited in the United
States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent
by fax, communication shall be effective or deemed to have been given twenty -four (24) hours after the
time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set
forth above. For purposes of calculating these time frames, weekends, federal, state, County or City
holidays shall be excluded.
Page 7 of 8
25D -9
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above
written.
ATTEST:
CI'T'Y OF SANTA ANA
Maria D. Huizar David Cavazos
Cleric of the Council City Manager
APPROVED AS TO FORM:
SONIA R. CARVALHO CONSULTANT:
City Attorney
By: 2'
.lose , at oval Peter Bucknam
Chi f ssistant City Attorney President
Tax ID# 46- 2723662
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
25D -10
Page 8 of 8
EXHIBIT A
SCOPE OF SERVICES
25D -11
1) Project Implementation (MPAH Network)
TASK 1.1: Management and Administration
Building upon our previous successful PMP projects, Bucknam will implement the key first step
of an effective pavement management program; frequent communication and timely scheduled
data updates. For the City of Santa Ana it will be essential to establish, up front, the Public
Works /Maintenance pavement management priorities. Our team will set a Project Kickoff
meeting to further discuss and review in detail the expectations of the project, technical
approach, section ID management & surveys, Orange County Transportation Authority (OCTA)
compliance, finalization of the scope of work, review of schedule, format of deliverables and
clarification responsibility of each party.
This effort will build consensus between the Street Maintenance and Engineering departments
as well as build stronger ARTERIAL and LOCAL maintenance programs. The first key topics to be
discussed will include the review and assessment of the existing MicroPAVER pavement
plan /data, OCTA compliance, and 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.
Project Status Meetings - Quality Control Program
Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status
meetings)
• Field review meetings
• Monthly progress status reports will be delivered to City project manager
Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field
technician's work. In this manner, 10 percent (11 miles) of the original surveys will be
3 -1
25D -12
Understanding of Need / Scope of Work
Project Understanding / Approach
We have defined detailed phases t o t he scope of work in accordance to the City's RFP;
1. Management and Administration
a. Project Status Meetings— Quality Control Program
b. Client Satisfaction / Project Deliverables
2. Update Maintenance & Rehabilitation History
3. Pavement Condition Surveys
4. Budget Analysis
5. Final Report (Internal City CIP / OCTA Compliance Reporting)
1) Project Implementation (MPAH Network)
TASK 1.1: Management and Administration
Building upon our previous successful PMP projects, Bucknam will implement the key first step
of an effective pavement management program; frequent communication and timely scheduled
data updates. For the City of Santa Ana it will be essential to establish, up front, the Public
Works /Maintenance pavement management priorities. Our team will set a Project Kickoff
meeting to further discuss and review in detail the expectations of the project, technical
approach, section ID management & surveys, Orange County Transportation Authority (OCTA)
compliance, finalization of the scope of work, review of schedule, format of deliverables and
clarification responsibility of each party.
This effort will build consensus between the Street Maintenance and Engineering departments
as well as build stronger ARTERIAL and LOCAL maintenance programs. The first key topics to be
discussed will include the review and assessment of the existing MicroPAVER pavement
plan /data, OCTA compliance, and 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.
Project Status Meetings - Quality Control Program
Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status
meetings)
• Field review meetings
• Monthly progress status reports will be delivered to City project manager
Quality Control (QC)
We will use a statistical sampling approach for measuring the quality of our field
technician's work. In this manner, 10 percent (11 miles) of the original surveys will be
3 -1
25D -12
Understanding of Need / Scope of Work Vq
re- surveyed by an independent survey crew, supervised by a field supervisor, and the
results will be compared to the original surveys.
Our QC process involves checking the field crews' work in a "blind study" fashion.
Quality control checks will be performed at the end of each survey week. 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 Santa Ana MicroPAVER database live, our staff will perform
several quality control tests within the pavement management software using a
sample set of the City of Santa Ana's street distress data. This will ensure that all
system and analysis settings as well as City recommendations and standards are being
followed.
As shown within the OCTA "Countywide Pavement Management Program, Guidelines
Manual (January 2015) ", our staff will follow and deliver on the requirements stated on
Section 2.4, pages 8 & 9 which require specific QA /QC data (Items A through G).
Additionally, Chapter 3 requires numerous data /deliverables from local agencies for
Measure M2 eligibility. All general draft and final reporting will follow the Chapter 3
Over the past year, Bucknam has already submitted sixteen (16) OCTA Measure M2
compliant reports for OC municipalities, they include Santa Ana, Seal Beach, Brea,
Costa Mesa, Huntington Beach, Laguna Hills, Fountain Valley, Irvine, Aliso Viejo
Laguna Niguel, San Juan, Newport Beach, Laguna Beach, RSM, Tustin and
Westminster.
Our surveys follow the accepted OCTA walking requirements. A copy of the QA /QC plan
utilized by our staff during the project will be submitted along with the PMP certification
rinn lmpntc
Our staff has already attended the OCTA
MicroPAVER Distress Training Class held in
November, 2011, 2012, 2013. In February,
2013 our staff was considered prequalified
to prepare Pavement Management Plans
fully compliant with the OCTA Countywide
Pavement Management Guidelines
(contact Mr. Harry Thomas / OCTA for
details).
'—_, Certificate of Comy(etion
This Cenlfieation is prasenf d upon complolian of attendance antl
P n in the OCTA MlcroPAVIER Olstress I saininB Class.
Haiti bar 14 515, 2011 at the Gertlen Grove Bits Facility. j
Peter Bucknum
ountyTmosporWo,llAuthorityn ���
Deliverable: Monthly Project Status reports, field review and project status meetings,
OCTA QA /QC Plan
Client Satisfaction / Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project
deliverables. Client satisfaction will derive from frequent communication with the
3 -2
25D -13
Understanding of Need / Scope of Work
Project Manager and key staff members from the Engineering and Street Maintenance
departments. 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
Deliverable: Project Status Updates, as stated in Task 1.2
TASK 1.2: Update Maintenance and Rehabilitation History
Bucknam will review all city provided maintenance projects that have been completed since the
last major PMP update (i.e. 2014). These records will be assessed and entered into MicroPAVER.
Our staff will generate an updated work history report for City review and compliance. The City
will provide Bucknam with the most recent PAVER 7.0 database (.e70 file).
Deliverable: Citywide Work History Report
TASK 13: Conduct pavement Condition Survey
Once the pavement segmentation has been assessed and
verified, the inspection of approximately 105 MPAH centerline
miles will be performed per ASTM D6433 -11 and OCTA
guidelines.
City of Santa Ana Street System Network:
MPAH —105 centerline miles (2016 survey)
o Survey will exclude private streets, Orange
County unincorporated areas and State
Highways
o Recently slurry seal and overlay maintenance will reduce the amount of
necessary survey, Bucknam will coordinate mileage and cost reduction with City
prior to survey
o For FY 2016 Santa Ana is only required to survey their MPAH pavement sections
Our survey methodologies will include the following approach based on the City's cost and
benefit analysis:
1. Walking (Recommended) based MicroPAVER / ASTM D6433 -11 survey (performed on
Tablets live in the field); this survey methodology is required by OCTA. Our staff will
establish all inspection sample locations for survey based on MicroPAVER / OCTA
January 2016 guidelines.
3 -3
25D -14
Understanding of Need / Scope of Work (a
2. Automated Digital Roadway Imaging (Optional Task 4.1) survey; Bucknam has recently
performed this service for the cities of Fountain Valley, Cypress, RSM, Santa Ana, La
Habra Heights, Tustin, National City and Palm Desert for PIMP and ROW inspections.
MicroPAVER sampling method used.
Distress types will be collected based upon actual surface conditions and physical characteristics
of the segment. Surveying methods will be conducted by remaining consistent with MicroPAVER
& the Army Corp of Engineers sampling guidelines while being flexible to current City practices.
We will use the City's GIS centerline live in the field to reduce survey times and project
schedules. If the City has a recent high- resolution aerial (approx. 3 ") we will use this file during
our field survey efforts to verify street measurements and other segment attributes.
Our use of MicroPAVER- Tablet units allows our staff to collect pavement data with the City of
Santa Ana's MicroPAVER 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 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 other portions of the project such as CIP
reporting, MicroPAVER 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 management database is listed below. Bucknam will obtain
measurements of each streets width, length and surface classification and compare it to existing
PAVER data. Discrepancies in the data will be tabulated and reviewed by Bucknam and the City
prior to any update within PAVER.
1. Field Attribute Data (updated and /or verified)
• From /to, indicating the assigned limits of the section, sample test areas, street
name, a street codification (arranged west to east and south to north)
• Street ranking indicating local, alley, arterial, collector, # of lanes, surface type
• Historical PCI tracking from previous inspections and 2016 PCI inspections
• Segment quantities, indicating the length, width, and total true area of the section
• Pavement distresses compliant with MicroPAVER — OCTA guidelines (i.e. alligator
cracking, block cracking, rutting, long /trans cracking, weathering, etc.
• Provide City with "discrepancy report" indicating variances between field data
collection and previous PIMP database
2. Conditional data will be evaluated for all street segments and will include:
• MicroPAVER 20 AC & 19 PCC distresses by type, severity and sample area
• PCI ratings (0 -100); per segment, per grid zone, per maintenance zone and citywide
i Other known or found environmental issues (standing water, site condition, etc.)
• Corrections / changes to the database shall not be made w/o prior City approval
We welcome staff members from the City of Santa Ana to join our surveys. All pavement data
will be entered into the City's most current licensed software (version 7.0.3). All items listed
above will be maintained by our staff for the duration of this project.
3 -4
25D -15
Understanding of Need / Scope of Work ( �'
Data management will be performed in -house at our Oceanside office. At the completion of the
project, the MicroPAVER database will be placed within your information
services /communication network.
3. Section Distress and PCI Reporting
Once inspections are completed, we will generate a draft Pavement Condition Index (PCI)
Report for City staff to review.
PCI reports will include the necessary data listed within the Countywide Pavement Management
Program, Guidelines Manual; Chapter 3 (Agency Submittals).
At a minimum, the Santa Ana Pavement Condition Index (PCI) Report will include:
• Present condition index per segment, per rank, per maintenance zone and citywide
• Present condition of segments and future performance for the next seven years based
on performance prediction modeling and local conditions
• Identify the form, condition and causes of pavement failure (if possible)
Deliverable: Citywide draft PCI report, Pavement segment data required within Chapter 3
MicroPAVER Guideline Manual (OCTA)
TASK 1.4: Budgetary Analysis
We will assist the City in developing the most cost - effective preventative maintenance, repair and
rehabilitation strategies possible. This will be accomplished by meeting with the City to discuss
and strategize maintenance activities that are currently being used by the City. Based on the
City's current AC & PCC applications and other maintenance practices used we will conduct an
historical and prospective analysis on the conditional and financial impact these current 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
block for the 2016 -2023 fiscal year maintenance programs.
We will establish a maintenance "decision tree" that will be used to generate pavement
recommendations that match current 2016 maintenance approaches. This will be accomplished
by assessing /updating the unique and individual deterioration curves within MicroPAVER based on
functional class (i.e. arterial, collector, local), ride quality, traffic volumes and age.
Our staff will review the Santa Ana's deterioration curves that have been developed based on
historical pavement condition, inspection, surface type, MicroPAVER deterioration, and road
class.
The curves will be modified based on 2016 pavement conditions. The strategies that are typically
reviewed are rehabilitation and reconstruction (R &R), localized maintenance, slurry seals, and
various overlay types, the expected improvement in pavement condition, the life -cycle extension
that would result and the unit costs for maintenance.
3 -5
25D -16
Understanding of Need / Scope of Work I a;N
All maintenance practices /unit costs will be integrated into MicroPAVER 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 staff will also update the City's residential maintenance zone approach. We will focus on
projecting budgets and maintenance recommendations for all streets within maintenance
zones; this will allow us to proactively schedule maintenance efforts throughout the multi -year
CIP as well as achieve the desired level of PCI across the City.
Our Project Manager and Principal will work closely with City in defining repair and
rehabilitation strategies during each fiscal year and within each tract /area defined by the City
(i.e. Maintenance zones 1 thru 4 have been completed, zone 5 is under construction and zone 6
is currently being bid out). 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:
• Present pavement conditions; Desired levels of service and available resources
• Achieving Local Match Reduction guidelines identified by OCTA
• Scheduling with the City's maintenance zones and other capital projects (water,
sewer)
• Accrued backlog levels and stabilization of maintenance backlog
• Future routine maintenance needs based on projected deterioration rates
The primary emphasis of this task is to maximize the programming of street maintenance
projects using the most cost - effective strategies available and taking into account a life -cycle
cost analysis. A working "draft" Final Report will be generated for City staff to review. The Draft
and Final PIMP reports will include:
• Executive Summary / Findings and Recommendations
• Pavement Condition Index (PQ reports;
• 7 -Year CIP identifying arterial and residential zone maintenance (per section)
recommendations (slurry, overlay, recon, etc.) associated with a construction cost
• GIS mapping
Deliverable: Three copies of the Draft Pavement Management Program Report
Optional Taslcs
TASK 1.5: Final Report - OCTA Compliance Reports/ Citywide CIP Report
Through our previous project experience with the City; internal staff has developed a
comprehensive, reliable PMP report that is compliant with OCTA and internal needs. If
necessary, Bucknam will deliver the Final Report to the City which will be essential for staff
3 -6
25D -17
Understanding of Need / Scope of Work
reference and use as well as presented in a way that is beneficial for elected officials /upper
management.
This report will assist the City in complying with OCTA and its most recent Countywide PMP
Guideline requirements. The report will be prepared in a format that uses the information
delivered by MicroPAVER in conjunction with the information and analysis performed by our
team. The report will also provide the City with information on:
• Current inventory and pavement conditions indices (PCI) for all road classes
• Projected annual rehabilitation programs for street maintenance for a 7 -yr period
(ARTERIAL and LOCAL Forecast Maintenance Reports) that show the largest return on
investment and acceptable levels of service
• Modeling and comparison of budget scenarios typically include:
• Maintenance required to complete all streets within 7 -years
• Current/ Actual budget projection (citywide approach)
• 7 -year CIP projection budget for OCTA submittal requirements
• Final Local Match Reduction budgetary models / results
• Strategies and recommendations for the City's AHRP, Measure M and maintenance
programs and procedures, including a preventative maintenance schedule
• Supporting documentation required by OCTA
• A detailed breakdown of deferred maintenance (backlog)
Our OCTA PMP submittals have been well received by OCTA and are formatted in such a way for
easy review and acceptance. Our staff will include within the draft /final report the following
minimum data:
A) Average PCI for:
a) Entire pavement network
b) MPAH Roadways
c) Local streets
B) Projected PCI under existing funding levels over the next seven years for:
a) Entire pavement network
b) MPAH Roadways
c) Local streets
C) Seven -yr plan for road maintenance and rehabilitation, identifying street sections
selected for treatment, based on the existing budget.
a) Street name, limits of work, length, widths and pavement areas
b) Functional classification
c) PCI and most recent date of inspection
3 -7
25D -18
Understanding of Need / Scope of Work
d) Type and cost of treatment
D) Alternative funding levels required to:
a) Maintain existing weighted average network PCI
b) Improve weighted average network PCI
E) Backlog by FY of unfunded pavement rehabilitation, restoration and reconstruction. Total
amount of backlog will be included in summary tables
F) Pavement Management Program Certification form
We will make a presentation of the results from the 2016 PMP update to City personal and /or
City Council if necessary (pro - bono).
Registered Engineer
Mr. Steve Bucknam, P.E. will supervise all operations, review all completed data and prepare
and sign a final report incorporating the results of our pavement evaluation and conditions. We
__will_pr_ovide_ engineered -recommendations for-pavement-rehabilitation and-replacement design_
based upon field data and analysis.
Deliverable: Digital file on CD, one (1) hardcopy of the Final Pavement PMP, in binder and
electronic form (.pdf), will be sent to the City. Bucknam will provide one (1) copy of
MicroPAVER .e65 file on CD as well as all M &R, survey and budget analysis data.
TASK 2.1 through 2.3 (Local Network):
If needed and per the City's request, Local streets (317 centerline miles) will be surveyed. Our
methodology for project administration, data assessment, pavement survey and reporting will
be identical to the scope of work shown above for the MPAH network.
TASK 3.1 through 3.3 (Alley Network):
If needed and per the City's request, Alley streets (28 centerline miles) will be surveyed. Our
methodology for project administration, data assessment, pavement survey and reporting will
be identical to the scope of work shown above for the MPAH network. It is noted that work
histories will be excluded from this effort.
Additionally, the City has requested that the alley network /sections that are currently within the
Santa Ana PAVER 6.5 database be cross - checked and verified against the City's GIS pavement
layer. This effort will include the verification of alley segments, naming conventions, dimension
accuracy and the organization of Branch / Section ID's in logical sequences (i.e. alphabetical,
geographical, etc.).
TASK 4.1: Automated Digital Roadway Imaging
Bucknam has performed numerous digital roadway imaging survey throughout Southern
Califnornia over the past fifteen years. Based on the City's infrastructure / GIS data collection
3 -8
25D -19
Understanding of Need / Scope of Work
priorities we have performed digital imaging surveys for local agencies that complament our
pavement inspections. Our services are a proactive and cost efficient GPS survey methodology
that will allow for the collection of numerous GPS locations using "one" set of digital imagery
(e.g. five citywide infrastructure surveys for the cost of one). We always tell our clients,
regarding this task service, "It has to be the right fit at the right time'. If the City is looking to
proactively collect numerous assets under one survey effort within the next 12 to 18 months,
this is the solution.
Beyond the pavement survey capabilities, the City will be able to collect other infrastructure
assets in the future such as signs, driveways, catch basins and
other ROW features; a tremendous costs savings that could
reach $400,000 over the next 3 years. , rt*
With verification of street segmentation, the inspection of
approximately 105 centerline miles will be surveyed (or
citywide). MicroPAVER - 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)
• Surface roughness ratings (IRI); Rutting depth (full width of lane or street)
• Imaging captures 100% of each pavement segment (not just one lane)
• Data transfers seamlessly toMicroPAVER
• 2mm pixel images allows for centimeter horizontal and vertical accuracy
The first survey process will involve the mobile GPS vehicle taking approximately two - week's
time to survey the Santa Ana's street network; additionally, the vehicles drive the posted speed
limits. The images that are collected are taken by using Sony digital stereographic cameras (6
cameras) positioned on the vehicle. The images have a resolution of 1600x1200 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).
Survey vehicles are equipped with digital measuring instrumentation (DMI) that will be used to
verify all pavement section lengths and widths. Our vehicles can be equipped with road
roughness rating equipment, strip mapping cameras and are set to record 360 degree street
imaging.
The survey will be performed by the Bucknom team that is experienced and trained in
infrastructure condition assessment using LambdaTech's "Feature Extraction" software.
3 -9
25D -20
Understanding of Need / Scope of Work LL
General Requirements
• Bucknam agrees that project work shall be performed in conformance with the City
and OCTA's policies, procedures and standards
• Bucknam shall have total responsibility for the accuracy and completeness of all
inspections performed and documents prepared. The documents provided under the
Agreement shall be of a quality acceptable to the City. The criteria for acceptance
shall be a product of neat appearance, well organized and technically and
grammatically correct. No assumption of the number of review rounds has been
taken
• Bucknam will be using laptop /tablet based surveys (digital input /output); as a
deliverable a paper based forms shall be submitted to the City for the City's records or
the methodology for upload of electronic data collected shall be clearly defined and a
method for data verification provided
Project Deliverables
• Updated database in PAVER 7.0 (.e70 format; digital file on DVD /CD
o Updated M &R work data /tables
o Updated pavement condition survey data
o Updated Budgetary Analysis Scenarios
• Final PIMP report; digital file on DVD /CD and 1 hard copy
3 -10
25D -21
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:
• Project Kickoff — December 4, 2015
• Survey Completion — March 4, 2016
• Delivery of draft PMP — March 21, 2016
• City comments returned to Consultant— April, 2016
• Delivery of City CIP Final Report — April, 2016
o Santa Ana CIP data /Final Report & OCTA Compliant report, revenue projections
will be submitted by April, 2016
• Implementation of MicroPAVER v.7.0 PMP software /database — Any time after
acceptance of Final PMP
• All pavement and GIS data pertinent to the project deliverables will be submitted with
the Final PMP report, May, 2016
5 -1
25D -22
EXHIBIT B
COMPENSATION
25D -23
CITY OF SANTA ANA
Pavement Management Program Update
Fee Proposal - November 4, 2015
7 -1
25D -24
Description
Principal
Project
Manager
Assistant
Planner
Field
Technician(s)
Admin
Total by
Task
2016 Base Fee
$265/hr
$180 1hr
$135/hr
$86 /hr
$75 /hr
Task 1.1
Management and Administration
1
6
3
8
1
$2,513
Task 1.2
Update Maintenance and Rehabilitation History
1
2
10
$1,310
Task 1.3
Pavement Condition Survey (105 miles MPAH- citywide)
5
10
162
3
$16,407
Task 1.4
Budgetary Analysis
1
14
2
2
1
$3,302
Reimbursables (mileage, printing, materials)
$840
All deliverables will become property of the City of Santa Ana
All Tasks are negotiable
Total Hours per Staff
2
26
17
182
5
2016 Total Base Fee
$ 530
$ 4,680
$ 2,295
$ 15,652
$ 375
$24,372
Optional Tasks
Task 1.5
Final Report- OCTA Compliance Reports
1
241
41
2
1
$5,372
Task 2.1 to 2.3
Local Street Network (recommend surveying 1/3 of network
every two years) - fee shows 317 miles citywide - -
- - ->
$44,500
Task 3.1 to 3.3
Alley Street Network
$6,500
Task 5.4
Automated Digital Roadway Imaging (Citywide)
TBD
Additional services
outside of this contract will be negotiated with the City
where we will use the Standard Hourly Rate Schedule
shown here.
Assumptions:
Task 1.2
Work History data entry wil I be provided by the City + MicroPAVER database
Task 1.2
MicroPAVER v7.0 has been obtained by City, no MicroPAVER purchase will be necessary
Task 1.3
City's recent slurry seal and overlay maintenance will reduce total mileage to survey - TBD
Task 1.5
Presentation to City Council / Upper Management available at no additional cost to City
O tionals
Optional Tasks to be considered as additional work efforts and fees to base fee
7 -1
25D -24
Standard Hourly Rate Schedule
Cateaory
Rate
Principal
$ 265
Senior Project Manager
215
Senior Engineer / Planner
185
Construction Manager
177
Pavement Management Project Manager
180
Management Analyst
165
Project Engineer / Planner
160
Engineer /Senior Technician /GIS Planner /Senior Inspector
135
Assistant Engineer/ Assistant GIS Planner/ Inspector
130
CADD Operator
110
Administrative Assistant
100
Field Technician
86
Clerical /Word Processing
75
Forensic Services
Quote
Reimbursables
Mileage
$ 0.66 1mile
Subconsultant Services
Cost +
15%
Reproduction
Cost +
15%
Travel & Subsistence
Cost +
15%
Fees & Permits
Cost +
15%
Computer Services (External)
Cost+
15%
Standard Hourly Rates
shown will not be
changed and /or
increased during the
contract period
6UCKNAM INFRASTRUCTURE GROUP, INC.
,� so 11 1 211,111 1 ..;,ae r msc
l 711.£1 u51- f 711 2 1Fb ,.: v..L F -ams_e
25D -25
7 -2
EXHIBPT C
CERTIFICATIONS
25D -26
APPENDIX
ATTACHMENT 3 -1: NON - COLLUSION AFFIDAVIT
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE
RFP NO.- 15-102
NON - COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In, accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the BIDDER declares that the bid
is not made in the interest of or on behalf of, any undisclosed person, partnership, company, association, organization, or
corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or indirectly induced or
solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or
agreed with ay BIDDER or anyone else to Patina a_ sham bid, or that anyone shall refrain from bidding; that the BIDDER has _
not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price
of the BIDDER or any BIDDER, or to fix any overhead, profit, or cost element of tine bid price, or of that of any other
BIDDER, or to secure any advantage against the public body awarding the contract of anyone interested in die proposed
contract; that all statements contained in the bid are true; and, further, that the BIDDER has not, directly or indirectly,
submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative
thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository,
or to any member or agent thereof to effectuate a collusive or sham bid,
Note: The above Non - collusion Affidavit is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Non - collusion Affidavit. BIDDERS are cautioned that making a false
certification may subject the certifier to criminal prosecution.
Signed
State of California
County of -�w
Subscribed and sworn to (or affinned) before me on this ,e day of 110,v_, MT, by �e.9ro %i�dve �dv�yf ,
proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Notary Public Signature
r grliOMM� CURTIS DANI ELS <
COMM,# 2100578 NDTARYPUBLIC- CALIFORNIA BAN DIEGO Coupy
MY COMM, EAF, MAR, 17, 2919's
Notary Public Seal
City of Santa Ana RFP 15 -102
Page 22
25D -27
An r9peb110weMet D�'"Ie lg MIS cedHkate
%me$ on] y Me M -ft 01"
x W vMwi+dw agrod Ma
�dawmmeetMwlAChBM "ISM' aMaAha$aM estthe
L.� ppSAW01160
SrATE Of CAUFOtdNUI CAUNTY
Sobscdbedwdswomto to aakmaM bdw*M
�
by
ehls �
proved to " w the baSk d sedsfJdM evWenee
to betheperso aredbefot a Is
APPENDIX
ATTACHMENT 3 -2: NON - LOBBYING CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE
RFP NO.: 15 -102
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and
belief, that:
1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any
person for influencing or attempting to influence an officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with
the awarding of any federal contract, die making of any federal grant, the making of any federal loan, die
entering into of any cooperative agreement, and die extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated finds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of Congress,
rat officer or employee of Congress, or an employee of a Member of Congress in connection with this federal
contract, grant loan, loan or cooperative agreement, the undersigned shall complete and submit a "Disclosure
of Lobbying Activities ".
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section
1352, Title 31, U.S. Cade. Any person who fails to file the required certification shall be subiect to a civil penalty or not less
than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that lie or she shall require that the language of
this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub recipients shall certify
and disclose accordingly,
Finn .r`�v(K';v 9./�,,,._ !/t%i°'-rlq -5 i'i$U,:'TJr2r 'V IZ r.'v(�, /,v('
Signed avid Printed Name: j ) lt, .�.— _._. p'% r /?,_ r 'C'F ✓✓qt y
Title 144 f �/ o P.
Date t(.. (C`_
City of Santa Ana RFP 15 -102
Page 23
25D -28
APPENDIX
ATTACHMENT 3 -3: NON - DISCRIMINATION CERTIFICATION
CERTIFICATIONS
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE
R FP NO.: 15 -102
The undersigned consultant or corporate officer, during the performance of this contract. certifies as follows:
The Consultant shall not discriminate against any employee or applicant for employment because of race,
color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure that applicants
are employed, and that employees are treated during employment without, regard to their race. color,
religion, sex, or national origin. Such action shall include, but not be limited to, the following:
employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship. The
Consultant agrees to post in conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of the
Consultant, state that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he /she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising the said
labor union or workers' representatives of the Consultant's commitments under this section, and shall post
copies of the notice in conspicuous places available to employees and applicants for employment.
4. The Consultant shall comply with all provisions of Executive Order 1 1246 of September 24. 1965, and of
the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of September
24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and wilt permit
access to his /her books, records, and accounts by 'the administering agency and the Secretary of Labor for
purposes of investigation, to ascertain compliance with such rules. regulations, and orders.
6. In the event of the Consultant's non- compliance with the nondiscrimination clauses of this contract or with
anv of the said rules, regulations, or orders, the contract may be canceled, terminated, or suspended in whole
or in part and the Consultant may_ be declared ineligible for further Government contracts or federally
assisted construction contracts in accordance with procedures authorized in Execution Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies involved as provided in
Executive Order 1 1246 of September 24, 1965, or by rule, regulations, or order of the Secretary of Labor, or
as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and the
provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules,
City of Santa 77 7775-102
15 -102_
Page 24
25D -29
regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each subcontract or purchase order as the
administering agency may direct as means of enforcing such provisions, including sanctions for
noncompliance; provided, however, that in the event the Consultant becomes involved in, or is threatened
with, litigation with a subconsultant or vendor as a result of such direction by the administering agency, the
Consultant may request that the United States enter into such litigation to protect the interests of the United
States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Slats. 1939, and as amended,
No discrimination shall be made in the employment of persons upon public works because of race, religious
creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or sex of such
persons, except as provided in Section 1420, and any consultant of public works violating this Section is subiect
to all the penalties imposed for a violation of the Chapter.
Signed: —I
Title: F
Firm:
Date: /I _ .� - / r
City of Santa Ana RFP 15 -102
Pape 25
25D -30