Commerce City Council
August 23, 2022

1 PROFESSIONAL SERVICES AGREEMENT
This agreement (“Agreement”) is made as of August 23, 2022, by and between the City of Commerce, a municipal corporation ("City") and Bucknam Infrastructure Group, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as the “Parties.”

R E C I T A L S
WHEREAS, City desires to utilize the services of Consultant as an independent contractor for the preparation of the Pavement Management Program (PMP) Update as set forth in the Scope of Services attached hereto as Exhibit A; and WHEREAS, Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees.

NOW, THEREFORE, in consideration of performance by the parties of the covenants and conditions herein contained, the parties hereto agree as follows:

1. Company's Scope of Services. The nature and scope of the specific services to be performed by Consultant are as described in Exhibit A.

2. Term of Agreement. This Agreement shall commence on August 23, 2022 (the “Commencement Date”) and shall remain and continue in effect until tasks described in Exhibit A are completed, but in no event later than December 31, 2022, unless sooner terminated pursuant to the provisions of this Agreement.

3. Compensation.

A. City agrees to compensate Consultant for services under this Agreement in compliance with the schedule set forth in Exhibit A. Consultant shall submit proper monthly invoices in the form and manner specified by City. Each invoice shall include a monthly breakdown of all monthly services performed together with the hours spent on each service. Consultant shall maintain appropriate and necessary documentation supporting the monthly invoices detailing the type of service provided. It shall be available for review by the City at all reasonable times upon request.

B. Total payment to Consultant pursuant to this Agreement shall not exceed $25,986.

C. If at the request of the City, Consultant is required to incur out of pocket expenses (including but not limited to, out-of-town travel and lodging) which are above and beyond the ordinary expenses associated with performance of this Agreement, Consultant shall be entitled to reimbursement of such expenses. Consultant shall only be reimbursed for those expenses which: (I) appear on Consultant’s monthly invoices; (II) are accompanied by a copy of the City’s written authorization for Consultant to incur 2 such expenses; and (III) receipts documenting such expenses.

4. General Terms and Conditions. The General Terms and Conditions set forth in Exhibit B are incorporated as part of this Agreement. In the event of any inconsistency between the General Terms and Conditions and any other exhibit to this Agreement, the General Terms and Conditions shall control unless it is clear from the context that both parties intend the provisions of the other exhibit(s) to control.

5. Addresses.

City of Commerce
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Attn: Edgar P. Cisneros, City Manager
Bucknam Infrastructure Group, Inc.

Bucknam Infrastructure Group, Inc.
3548 Seagate Way, Suite 230
Oceanside, CA 92056
Attn: Peter J. Bucknam, President/Project Manager

6. Exhibits. All exhibits referred to in this Agreement are listed here and are incorporated and made part of this Agreement by this reference.

Exhibit A – Scope of Services and Compensation Schedule Exhibit B – General Terms and Conditions

SIGNATURES ON FOLLOWING PAGE

1 EXHIBIT A

SCOPE OF WORK

PROPOSAL TO PROVIDE PROFESSIONAL SERVICES

FOR THE PAVEMENT MANAGEMENT PROGRAM
(PMP) UPDATE
City of Commerce, CA
August 15, 2022
Submitted by:

Bucknam Infrastructure Group, Inc.

Table of Contents
City of Commerce TOC
Pavement Management Program Update
Section Page
Table of Contents, Cover Letter TOC
Firm Experience / Qualifications...................... 1-1 Bucknam Firm Profile / Qualifications............................................ 1-1 Delineation of Bucknam Infrastructure Group’s Strengths............ 1-2 Relevant Project Experience ........................................................... 1-3 Project Team / Key Staff Members................................................. 1-6 Organization Chart.......................................................................... 1-8 Resumes.......................................................................................... 1-9 Approach to Scope of Services ........................ 2-1 Project Understanding/Approach................................................... 2-1 Critical Path Project Schedule......................................................... 2-4 Pavement Management Program Scope of Work.......................... 2-5 Cost Proposal.................................................. 3-1 Hourly Rate Schedule...................................................................... 3-2 Separate Document.............................................................................. 1 2
3 August 15, 2022
Mr. Ted Villaganas
Purchasing Manager
City of Commerce
2535 Commerce Way
Commerce, CA 90040
Subject: Proposal to Provide Professional Services for the Pavement Management Program (PMP) Update
Dear Mr. Villaganas,
It is our pleasure to submit our proposal to assist the City of Commerce in the proactive management of your Pavement Management Program (PMP). With the City seeking to move toward stronger infrastructure management methodologies through advanced pavement inspections, neighborhood maintenance scheduling, Capital Improvement reporting (CIP), and GIS implementation, Bucknam Infrastructure Group, Inc. has identified a proactive and cost efficient method to assist the City in implementing a successful PMP. Our team will focus our long-term PMP knowledge, extensive Los Angeles County experience and GIS/GPS technologies to optimize the City’s maintenance dollars by implementing a manageable and reliable PMP methodology.

With Bucknam currently assisting 30% Angeles County local agencies with PMP, our project staff can be relied upon to provide outstanding service to the City. This will be accomplished by assisting the City in implementing a common-sense neighborhood M&R schedule, formulating a proactive Arterial CIP budget and providing realistic, achievable maintenance recommendations.

Our firm is unique in that we provide:
 Relevant and accurate PMP services based on our ongoing work with numerous Los Angeles, Orange County and San Diego local agencies such as:
o 26 Los Angeles County local agencies; 30% of LA County local agencies (e.g., Lynwood, Monterey Park, South Pasadena, Alhambra, Rosemead, La Verne, Gardena, Rancho Palos Verdes, etc.)
o 19 of the 35 Orange County local agencies (54%);
o 12 San Diego/Inland Empire local agencies; and
o Army Corps of Engineers ASTM D6433-20 compliant surveying, reporting and pavement analysis on an annual basis;
 Our project manager has worked within the SoCal Pavement Management industry for over twenty-four (24) years and has worked extensively with MicroPAVER and StreetSaver PMP software’s through turn-key data conversion projects to long-term, proactive pavement CIP scheduling that relies on accurate and cost-efficient bid documentation;
 Project/engineering experience that brings the understanding that StreetSaver results are not set in stone; we proactively use the available data to enhance budget forecasting and CIP/O&M project planning;
 Qualified PMP services through MTC StreetSaver certification testing and OCTA’s StreetSaver pre-qualified inspection testing and services.

As Project Manager, my goal is not just to meet the requirements of this project but establish a living document (Arterial & Local pavement CIP submittal) that will be used throughout the term of the CIP as well as implement achievable long-term infrastructure management goals in coordination with City schedules.

Offeror: Bucknam Infrastructure Group, 3548 Seagate Way, Suite 230, Oceanside, CA 92056; Company FID # 45-2723662
Mr. Peter Bucknam (Project Manager) will be providing day-to-day operational and management services; he is authorized to sign the agreement for this contract. He can be contacted at 760-216-6529 (work) 714-501-1024 (cell) or email at peter@bucknaminc.com. Mr. Steve Bucknam, P.E. (Principal) will be responsible for project oversight ([email protected]).

By selecting Bucknam Infrastructure Group, Inc., the City of Commerce will receive a strong, knowledgeable, innovative, and communicative team with the experience to implement a costeffective pavement management program. Our handpicked pavement management professionals are committed to delivering quality services to the City. We have already scheduled time for your project and eagerly await our kick-off meeting with City staff and you.

The City’s RFP is incorporated in its entirety as part of our proposal and all information submitted within our proposal is true and correct. Our proposal is valid for a minimum of 90 days. The firm accepts all the terms and conditions outlined in the City’s standard consultant services agreement and can meet all the insurance requirements made part of the agreement.

Respectfully submitted,
Bucknam Infrastructure Group, Inc.

Peter J. Bucknam
President/Project Manager
Firm Experience / Qualifications
City of Commerce 1-1
Pavement Management Program Update
Firm Profile and Qualifications
Bucknam Infrastructure Group, Inc. (est. 2011, S-Corporation) has a full-service office in Southern California and is committed to building stronger relationships with government organizations through frequent communication and team building. We build long-term partnerships with agencies that expect and require accuracy, efficiency, and integrity in all aspects of community services. Our experienced staff is committed to ensuring that immediate and long-term goals are met and are a top priority in the development of pavement management, infrastructure management, financial, geographic information systems (GIS), and facility management projects.

Our full-service Infrastructure Management - GIS Division provides comprehensive engineering and infrastructure/GIS management services, as well as database management, pavement / ROW field inspection services, and GIS automation and management. Our staff consists of registered civil engineers; former Director of Public Works-City Engineers and maintenance specialists who can help implement solutions based upon your specific facility/infrastructure needs and will provide assistance through each step of your project.

Our extensive professional service offerings include:

Regarding Pavement Management Programs, our firm is currently assisting 60+ local agencies comply with SD, LA, Orange and Inland Empire County’s pavement reporting requirements.

Regarding Pavement Management Programs, our firm is currently assisting 60+ SoCal local agencies comply with the County pavement reporting requirements. In addition to the extensive knowledge and experience of our infrastructure management professionals, Bucknam provides a broad scope of administrative, inspection, construction management, civil engineering, and GIS services to public agencies. The extensive experience of Bucknam’s staff, coupled PMP service to more than 100 cities and other public agencies, assures our clients that the firm is a broad based resource with an understanding of today’s infrastructure issues and knows how to provide the necessary solutions to public agencies in today's complex governmental environment.

Firm Experience / Qualifications
City of Commerce 1-2
Pavement Management Program Update
We bring a wealth of experience to the City through our successful track record, pavement management knowledge through application, and relationship building through trust and adherence to schedule. We look forward to working with you on your project. Our handpicked management professionals are committed to delivering quality services to the City. Our office are located in Oceanside, CA 3548 Seagate Way, Suite 230 (12 employees).

Delineation of Bucknam Infrastructure Group’s Strengths As Bucknam approaches twenty-four (24) years of pavement management experience, our firm is distinct and unique in the fact that we have continued to improve upon our long-term local agency client based throughout Los Angeles County. Building and establishing long-term client relationships through PMP management is a clear delineation of our professional services.

Bucknam’s experience and qualifications directly related to this project and other key delineation strengths include:
• Providing PMP services to 26
of the 88 Los Angeles County
local agencies in the past two
years (30%);
• Providing PMP services for 20
of the 34 Orange County local
agencies in the past two years
(59%);
• Bucknam now implements
Fuscoe’s Cloud-based Artificial
Intelligence (AI) Learning
Technology to calculate all pavement section AC/PCC SF quantities; • Implementation of Commerce MyRoads™ – PMP mapping (web-based access/use); requires no GIS software to view your PMP online (See Task 4.6 within Scope of Work); • Staff / Firm is certified through OCTA and MTC for use and management of MicroPAVER / StreetSaver respectively
o Bucknam is ASTM D6433-20 certified through OCTA until June, 2024 for PMP services to local agencies;
• Focused managers / field technicians that perform infrastructure management services at cost-competitive rates and deliver quality products; • Local presence (Oceanside office) allows our firm to be on-site within an hour to respond to Commerce’s requests and needs;
• Proven Los Angeles County PMP economic ROI regarding long-term Pavement CIP’s recommendations, implementation, maintenance applications and increased PCI’s Firm Experience / Qualifications
City of Commerce 1-3
Pavement Management Program Update
Relevant PMP Project Experience
The following project experience presents our description of work, its relevance in completing similar projects for numerous other agencies, Proposition C / LA County METRO compliance, OCTA Measure M & M2 PMP experience, PMP software training expertise, and the broad knowledge of our pavement project team. Our project team brings over 75 years of public/private engineering and data management experience to the City of Commerce. This includes over 700+ PMP projects covering turn-key projects, simply training of Agency staff with pavement management methods, County Measure/Proposition compliancy, financial strategies and Capital Improvement Programs.

Over the past twenty-four years, we have worked on numerous projects similar to Commerce’s current PMP project. We have listed five (5) similar “long-term” pavement management projects that cover the same task descriptions as listed in your RFQ:

Bucknam Infrastructure Group, Inc.

Pavement Management Program-GIS, City of Monterey Park (2015-22) Mr. Anthony Bendezu, Principal Engineer - (626) 307-1323; 320 West Newmark Ave., Monterey Park, CA 91754 ([email protected])
Since 2015 Bucknam has been contracted to
perform a citywide pavement management
inventories for the City of Monterey Park. Our
initial project consisted of a complete turn-key
effort in “re-segmenting” the City’s PMP
network, converting previous PCI inspection
data, performing an ASTM D6433-18 based
survey, conversion and implementation of
StreetSaver and PMP-GIS integration.

Additionally, our services included a complete
evaluation of the City’s PMP budget, short-term
and long-term budgetary analysis (Actual, Maintain and Recommended budgets) and GIS services that linked the City’s StreetSaver database to the City’s GIS enterprise.

Since the project completed Bucknam has provided annual PMP support services to the City.

Bucknam was recently selected in 2021 to perform another citywide PMP update as well as implement the first Public Works GIS Program for the City.

Firm Experience / Qualifications
City of Commerce 1-4
Pavement Management Program Update
Citywide Pavement Management Program-GIS, City of Duarte (2018-2021) Mrs. Maia McCurley, Associate Engineer - (626) 357-7931; 1600 Huntington Dr., Duarte, CA 91010 ([email protected])
Since 2018 Bucknam has been contracted
to perform a citywide infrastructure
management inventories for the City of
Duarte. Our initial project consisted of a
complete turn-key effort in “resegmenting” the City’s pavement management network, converting
previous PCI inspection data, performing
an ASTM D6433-18 based survey,
implementation of PMP software and
PMP-GIS integration. Additionally, our
services included a complete evaluation
of the City’s PMP budget, short-term and
long-term budgetary analysis (Actual,
Maintain and Recommended budgets) and GIS services that linked the City’s PMP database to the City’s GIS enterprise. Since 2019 Bucknam has provided annual GIS support services to the City.

Citywide Pavement Management Program–GIS, City of Covina (2019-23) Mr. Rafael Fajardo, City Engineer - (626) 384-5489; 125 East College Street, Covina, CA 91723- 2199 [email protected]
During the summer of 2019, Bucknam
was contracted to perform a citywide
pavement management inventory for
the City of Covina. This project consists
of a complete turn-key effort in “resegmenting” the City’s PMP network, converting previous PCI inspection data,
performing an ASTM D6433-18 based
survey, implementation of PMP software
and PMP-GIS integration. Under this
initial project, Bucknam developed a
citywide forecast maintenance report to
determine what level of funding is
necessary to maintain today’s
conditions. Another critical deliverable was the PMP-GIS layer and MyRoads™ application which Firm Experience / Qualifications
City of Commerce 1-5
Pavement Management Program Update
allowed staff to review the study findings as well as develop preliminary PS&E projects/schedules. Bucknam was recently selected in July 2022 to perform the triennial PMP update for the City and will be starting in August 2022.

Citywide Pavement Management Program–GIS, City of Norwalk (2013-22) Mr. Glen Kau, Director of Public Services - (562) 929-5700; 12700 Norwalk Boulevard, Norwalk, CA 90650
[email protected]
Bucknam was recently selected in 2020 to perform another citywide PMP update. Historically, In 2013, Bucknam was contracted to perform a citywide pavement management
inventory for the City of Norwalk. This project consisted off a complete turn-key effort in “re-segmenting” the City’s PMP network, converting previous PCI inspection data,
performing
an ASTM D6433 based survey, implementation of
MicroPAVER, complete evaluation of the City’s PMP budget, short-term and long-term budgetary analysis (Actual,
Maintain and Recommended budgets) and GIS integration.

Citywide Pavement Management Program – GIS, City of Ontario (2004-25) Mrs. Tricia Espinoza, CIP Engineer – (909) 395-2188; 303 East “B” Street, Ontario, CA, 91764 [email protected]
Bucknam was recently selected for the 2020 PMP update
and will be assisting Ontario with their PMP through 2025! Historically, Bucknam was contracted with the City in 2004 for Pavement Management services and has performed
annual PMP updates for the past 17 years. Mr. Peter
Bucknam has served as the City’s consultant PMP Project Manager since 2001. Our annual pavement inspection and
reporting services for the City’s Engineering and Operations PMP has led to yearly, proactive increases in both the City’s Arterial and Local conditions (i.e. PCI of 65.3 in 2004 and a PCI of 82.8 in 2022). Bucknam is providing annual PMP
services through 2025.

Firm Experience / Qualifications
City of Commerce 1-6
Pavement Management Program Update
Project Team – Key Staff
The Bucknam pavement management team’s local agency expertise is demonstrated through:
 Our experience of managing pavement projects over the past twenty-four (24) years;
 Assisting cities comply with County PMP Propositions/Measures;  Implementing StreetSaver throughout Southern California;  Extensive Los Angeles, Riverside, Orange, San Diego and Inland Empire PMP project management experience;
 Our understanding of public works projects from the “city/agency” side through City Engineer and Public Works Director experience;
 Implementing a realistic, proactive and sustainable PMP methodology that matches your agencies needs and goals.

Bucknam will bring our extensive experience to the City of Commerce by building upon our knowledge and understanding of your PMP goals. Mr. Bucknam’s pavement team includes eleven (12) dedicated, qualified managers and field technicians that have served under his management for over twenty years on PMP projects. His team of inspectors will update your PMP through sound Army Corps of Engineers – StreetSaver inspection methodologies. Mr.

Bucknam’s experience covers the management and implementation of infrastructure management programs that exceeds 58,850 miles of pavement for more than 80 cities and 700+ PMP projects.

Bucknam – Key Project Team / Experience
PETER BUCKNAM, Project Manager, will be responsible for the day-to-day management, daily performance of the project, conditional review and provide budgetary modeling / analysis. He has managed 700+ pavement management projects over the past 24 years in the Southern California region and will be the Project Manager for Commerce’s PMP project. Within this time he has served as project manager for seventy agencies in the Southern California.

Peter is committed to the project from the receipt of the notice-to-proceed through completion and furthermore he is a PMS software trainer on MicroPAVER/StreetSaver and performed numerous training sessions for local agencies. He has performed over 50 training workshops covering software’s such as MicroPAVER, StreetSaver and CarteGraph. Our niche team of PMP experts allows our Project Manager and staff to survey the network in four (4) weeks and deliver the Final PMP Report prior to the Agency’s deadline. He brings his expertise to cities through converting, implementing, updating, and enhancing pavement management No key person designated to
this project will be removed
or replaced w/o prior
written consent from the
Agency
Firm Experience / Qualifications
City of Commerce 1-7
Pavement Management Program Update
programs; this covers 20+ years (14 with Bucknam Infrastructure Group, 5 with Bucknam & Associates and 5 with Berryman and Henigar). For example, Mr. Bucknam is currently assessing and providing a 10-yr Pavement Management Plan for the OCTA which covers all 35 local agencies datasets, PCI evaluations, unit cost/annual revenue allocations and GIS; a Countywide evaluation that will project PMP needs for each agency and the County itself through 2032! Mr. Bucknam will bring new, fresh and proactive recommendations to this project and will identify realistic program management and fiscal goals to assist the Agency in its upcoming CIP. Commerce will receive recommendations that are sound and achievable, rather than timid or unrealistic.

STEVE BUCKNAM, P.E., Principal, will be responsible for the overall performance of the project and provide quality assurance review. Mr. Steve Bucknam is a licensed Civil Engineer (LIC #20903) and will oversee all tasks for this project. Mr. Bucknam is a former Deputy City Manager for Public Works and City Engineer of Norwalk, and City Engineer in Arcadia and Pacifica, California. He has over 45 years of professional experience and has managed street maintenance, reconstruction and improvement programs.

AARON SUTTON, GIS Manager, will oversee all GIS and PMS data migration prior and during the project. He drives all GIS creation, PMS mapping, editing and deliverables for the project and is our key staffer for the ArcGIS Online web-hosting services that we provide. Mr. Sutton has been involved with over 70 pavement management projects within San Bernardino, Riverside, LA, San Diego and Orange counties.

LINDA WILLIAMS, GIS Analyst, will be a supportive GIS Analyst for this project. Her responsibilities will include data population, quality control, and working with our management staff ensuring the GIS work activities are complete and delivered proactively.

SHAUN RUSSO, Senior Technician, will be the lead field surveyor for this project. His responsibilities will include surveying, quality control, and working with our management staff ensuring the updated PMP database is complete. He has been involved with over 87 pavement management projects and brings his wealth of PMP software, GIS and inspection experience to this project. Shaun is a certified ASTM D6433-20 inspector.

TIM FENNESSY, Field Technician, will be a supportive field surveyor for this project. His responsibilities will include surveying, quality control, and working with our management staff ensuring the updated PMP database is complete. He has been involved with over 60 pavement management projects and brings his wealth of PMP software, GIS and inspection experience to this project. Tim is a certified ASTM D6433-20 inspector.

AARON COHODAS, Field Technician, will be a supportive field surveyor for this project. His responsibilities will include surveying, quality control, and working with our management staff ensuring the updated PMP database is complete. Mr. Cohodas has been involved with over 75 pavement management projects and brings his wealth of PMP software, GIS and inspection experience to this project. Aaron is a certified ASTM D6433-20 inspector.

Firm Experience / Qualifications
City of Commerce 1-8
Pavement Management Program Update
With five technicians on this project that are trained in the Army Corps of Engineers survey methodology and available to begin work immediately; our survey schedule will be expedited.

Our team will be able to survey the entire 69.4 miles of pavement within four (4) weeks’ time due to our familiarity with the Commerce PMP network, experience, availability and manpower.

In case of heavy rain that can potentially delay scheduled street inspections, our team includes two (2) additional certified PMP inspectors that can be added to our Field Technician team above, if necessary.

Team Organization Chart
Team Resumes on the following pages
Peter J. Bucknam / Project Manager
Director of Infrastructure Management – GIS

EDUCATION
B.A., Geography – Urban Planning, San Diego State University, 1997

PROFESSIONAL DATA
Member, American Public Works Association
Member, Maintenance Superintendents Association
Chair, Transportation Committee, Inland Empire Report Card (ASCE) – 2005/06 & 2008/09 Co-Chair, Member APWA Committee for Street and Technology 2003-2015 Certificate of Professional Development – ASTM D6433-18; MicroPAVER Certificate of Completion – OCTA MicroPAVER / StreetSaver Distress Training (2011 thru 2022) NASSCO – Certificate, National Pipeline Assessment Certification Program (PACP)

QUALIFICATIONS / EXPERIENCE OVERVIEW
Peter Bucknam is an expert in infrastructure project management, pavement management-training, planning, resource management, implementation and program management. He has over twenty years’ experience in the area of Geographic Information Systems and infrastructure asset management. Mr. Bucknam has managed a wide range of infrastructure project tasks including the collection and input of infrastructure survey data, preparation of Public Works capital improvement program projections and reports, infrastructure/software needs assessments, GIS/GPS data collection, data conversion and quality control.

Mr. Bucknam has performed infrastructure management services to over 70+ local agencies and is currently serving as project manager for numerous pavement management programs throughout Southern California.

He has personally served as project manager for 700+ PMP projects throughout Riverside, San Bernardino, San Diego, Orange and Los Angeles counties. He has worked with over 12 Inland Empire County cities, 30 Los Angeles cities and he is currently working with 19 of the 34 Orange County agencies regarding Measure M2 MicroPAVER/StreetSaver compliance.

His project level and management experience covers: pavement/sidewalk management, Traffic Control Device Inventories (TCDI), GIS implementation, Traffic Signal surveys, Right-of-Way (ROW) surveys, and ADA survey/compliance. In managing over 700+ infrastructure projects in the past twenty-four years, Mr.

Bucknam has used a diverse amount of software to assist local agencies implement infrastructure management programs and GIS Enterprises. These programs include MicroPAVER, MTC StreetSaver, LambdaTech’s GPSVision, CartéGraph, ESRI products, Crossroads, Lucity, Energov, Spillman, GBA Master Series, and MapInfo.

Prior to joining Bucknam Infrastructure Group, Inc., Mr. Bucknam served as Director of Infrastructure Management-GIS with an Engineering consulting firm where he managed numerous public works infrastructure/ROW projects ranging from surveying, maintenance life-cycles, cost & benefit analysis, financing and construction cost estimating. This included researching, surveying, converting and implementing multiple phase pavement management projects which provided better management practices, data efficiencies and GIS functionality within local governments and maintenance facilities. In addition, he provided technical (software) support for the on-going citywide PMS projects as well as developing capital improvement plans/budgets for integrating Tablet-GIS data management functionality into future maintenance efforts.

SAMPLE OF PETER BUCKNAM’S PROJECT MANAGEMENT EXPERIENCE (1997-2022) • 2022 Pavement Management Program, City of Monrovia
• 2022 Pavement Management Program, City of Covina
• 2022 Pavement Management Program, City of La Habra Heights • 2022 Pavement Management Program, City of Laguna Hills • 2022 GIS Enterprise Support Services, City of Alhambra • 2022 GIS Enterprise Support Services, City of Big Bear Lake • 2022 Pavement Management Program, City of Big Bear Lake • 2022 Pavement Management Program, City of Rialto
• 2022 Pavement Management Program, City of Vista
• 2022 GIS Enterprise Support Services, City of Fountain Valley • 2022 Pavement Management Program, City of Rancho Santa Margarita • 2022 Pavement Management Program, City of El Segundo
• 2022 Sign Inventory Program, City of Norwalk
• 2022 Pavement Management Program, City of La Palma
• 2022 Pavement Management Program, City of Laguna Woods • 2022 GIS Enterprise Support Services, City of Duarte
• 2022 Pavement Management Program, City of Culver City • 2022 Pavement Management Program, City of Pomona
• 2022 Pavement Management Program, City of Westminster • 2022 Sign Inventory Program, City of Tustin
• 2022 Pavement Management Program, City of Placentia
• 2022 Pavement Management Program, City of Buena Park
• 2022 Pavement Management Program, City of Huntington Beach • 2022 Pavement Management Program, City of Rancho Palos Verdes • 2022 Pavement Management Program, City of Laguna Beach • 2022 Pavement Management Program, City of Signal Hill • 2022 Pavement Management Program, City of Seal Beach
• 2022 Pavement Management Program, Inland Empire Utilities Agency • 2022 Pavement Management Program, City of Costa Mesa
• 2021 Pavement Management Program, City of Lawndale
• 2021 Pavement Management Program, City of Monterey Park • 2021 Pavement Management Program, City of Santa Ana
• 2021 OCTA Pavement Management Plan (10 Year Study – OCTA) • 2021 Pavement Management Program, City of Lake Elsinore • 2021 Pavement Management Program, City of Bellflower
• 2021 Pavement Management Program, City of Indian Wells • 2021 Pavement Management Program, City of Solana Beach • 2021 Pavement Management Program, City of Barstow
• 2021 Sign Inventory Program, City of Norwalk
• 2021 Pavement Management Program, City of San Juan Capistrano • 2021 Pavement Management Program, City of La Habra
• 2021 Pavement Management Program, City of Gardena
• 2021 Pavement Management Program, City of Menifee
• 2021 Pavement Management Program, City of Duarte
• 2020 Pavement Management Program, City of Pomona
• 2020 Pavement Management Program, City of Covina
• 2020 Pavement Management Program, City of Redlands
• 2020 Pavement Management Program, City of Lomita
• 2020 Sign / Pavement Management Programs, City of National City • 2020 Sign / Pavement Management Programs, City of Murrieta • 2020 Pavement Management Program, City of Brea
• 2020 Pavement Management Program, City of Tustin
• 2020 Pavement Management Program, City of Compton
• 2020 Pavement Management Program, La Cresta HOA, Temecula • 2020 Pavement Management Program, City of Glendora
• 2020 Pavement Management Program, City of La Palma
• 2020 Pavement Management Program, City of Laguna Beach • 2020 Pavement Management Program, City of Sierra Madre • 2020 Sidewalk / Pavement Management Programs, City of Lynwood • 2020 Pavement Management Program, City of Alhambra
• 2020 Pavement Management Program, Inland Empire Utilities Agency • 2020-25 Pavement Management Program, City of Orange
• 2020-23 Pavement Management Program, City of Fullerton • 2020-25 Pavement Management Program, City of Ontario
• 2020 Pavement Management Program, City of Huntington Beach • 2020 Pavement Management Program, City of La Verne
• 2020 Pavement Management Program, City of Monrovia
• 2020 Pavement Management Program, City of Norwalk
• 2020 Sign Inventory Program, City of Aliso Viejo
• 2020 Pavement Management Program, City of South Pasadena • 2020 Pavement Management Program, City of Westminster • 2019 Pavement Management Program, City of Rialto
• 2019 Pavement Management Program, City of Palmdale
• 2019 Pavement Management Program, City of El Segundo
1 C. Stephen Bucknam, Jr., P.E., Principal-in-Charge

EDUCATION
B.S., Civil Engineering, Loyola University of Los Angeles, 1967 M.S., Environmental Engineering, Loyola University of Los Angeles, 1972

PROFESSIONAL DATA
Registered Professional Engineer, States of California (No.20903) and Washington (No.17310) California State Community College Teaching Credential
Fellow, American Society of Civil Engineers
Former, City Engineer, Deputy City Manager, City of Norwalk Member, Board of Directors – Urban Water Institute
Life Member, American Public Works Association
Member, Water Environment Foundation
Member, University of California Irvine, Civil & Environmental Engineering Affiliates Honorary Member, Chi Epsilon

EXPERIENCE OVERVIEW
Over forty years’ experience in the administration, management, planning, design and construction management of public works and development programs and projects including: water and wastewater projects, pavement management programs, transportation, drainage, including: program management, master planning, infrastructure planning and maintenance programming, environmental studies, street, highway, alley, storm drain, water and sewer system design, rate studies, emergency planning, facilities design, groundwater studies, wells, reservoirs, site studies, pump stations, lift stations, intergovernmental negotiations and agreements, hydrology, treatment facilities, building design, grants, regulatory permitting, system appraisals, R/W negotiations, acquisitions and documentation, project management, production control, operations studies, capital improvement programming and budgeting, hydroelectric projects, underground utilities, assessment districts, surveying, mapping, legal testimony to public boards, commissions and councils, and direction of technical advisory committees to joint powers agencies and water districts.

Transportation / Streets – Highways - Traffic
Served as Contract City Engineer for the City of Arcadia responsible for long range advanced planning of the City’s transportation engineering program. Directed the preparation of the City’s Transportation Master Plan which identified, consistent with the City’s General Plan the transportation related needs under these requirements so of AB 1600 nexus constraints.

Acted as Principal in charge over a Pacific Coast Highway (SR-1)/Newport Boulevard (SR-55) interchange, City of Newport Beach. Project involves a study of various alternatives, conventional and unconventional, for improvements to the existing interchange.

Restraints include limited right-of-way, environmental challenges (e.g., Newport channel bridge widening, "Arches" liquor store and restaurant property acquisition, and existing bridge aesthetics), and potential hazardous waste issues. Alternatives were evaluated and selected to include in the PSR. Included project coordination with various agencies and sub consultants, and oversight of concept geometries, cost estimating, and report preparation.
2 Conceptual study, Project Study Report, and Project Report for I-710/Firestone Boulevard interchange modification and Firestone Boulevard improvements for City of South Gate. Also involved a feasibility study which included preparation of a traffic study, conceptual plans for several types of interchanges, construction cost estimates, and preliminary Caltrans Project Study Report. Prepared ISTEA National Highway System funding application for authorization and appropriation. Coordination with Caltrans District 7.

Mr. Bucknam has served as the working Principal/ Civil Engineer for all pavement management related projects that Bucknam has performed. This includes projects listed below:
• 2022 Pavement Management Program, City of Monrovia
• 2022 Pavement Management Program, City of Covina
• 2022 Pavement Management Program, City of La Habra Heights • 2022 Pavement Management Program, City of Laguna Hills • 2022 GIS Enterprise Support Services, City of Alhambra • 2022 GIS Enterprise Support Services, City of Big Bear Lake • 2022 Pavement Management Program, City of Big Bear Lake • 2022 Pavement Management Program, City of Rialto
• 2022 Pavement Management Program, City of Vista
• 2022 GIS Enterprise Support Services, City of Fountain Valley • 2022 Pavement Management Program, City of Rancho Santa Margarita • 2022 Pavement Management Program, City of El Segundo
• 2022 Sign Inventory Program, City of Norwalk
• 2022 Pavement Management Program, City of La Palma
• 2022 Pavement Management Program, City of Laguna Woods • 2022 GIS Enterprise Support Services, City of Duarte
• 2022 Pavement Management Program, City of Culver City • 2022 Pavement Management Program, City of Pomona
• 2022 Pavement Management Program, City of Westminster • 2022 Sign Inventory Program, City of Tustin
• 2022 Pavement Management Program, City of Placentia
• 2022 Pavement Management Program, City of Buena Park
• 2022 Pavement Management Program, City of Huntington Beach • 2022 Pavement Management Program, City of Rancho Palos Verdes • 2022 Pavement Management Program, City of Laguna Beach • 2022 Pavement Management Program, City of Signal Hill • 2022 Pavement Management Program, City of Seal Beach
• 2022 Pavement Management Program, Inland Empire Utilities Agency • 2022 Pavement Management Program, City of Costa Mesa
• 2021 Pavement Management Program, City of Lawndale
• 2021 Pavement Management Program, City of Monterey Park • 2021 Pavement Management Program, City of Santa Ana
• 2021 Pavement Management Program, City of Lake Elsinore • 2021 Pavement Management Program, City of Bellflower
• 2021 Pavement Management Program, City of Indian Wells • 2021 Pavement Management Program, City of Solana Beach • 2021 Pavement Management Program, City of Barstow
• 2021 Sign Inventory Program, City of Norwalk
3 • 2021 Pavement Management Program, City of San Juan Capistrano • 2021 Pavement Management Program, City of La Habra
• 2020 Pavement Management Program, City of Gardena
• 2020 Pavement Management Program, City of Menifee
• 2020 Pavement Management Program, City of Duarte
• 2020 Pavement Management Program, City of Lomita
• 2020 Sign / Pavement Management Programs, City of National City • 2020 Sign / Pavement Management Programs, City of Murrieta • 2020 Pavement Management Program, City of Brea
• 2020 Pavement Management Program, City of Tustin
• 2020 Pavement Management Program, City of Compton
• 2020 Pavement Management Program, La Cresta HOA, Temecula • 2020 Pavement Management Program, City of Glendora
• 2020 Pavement Management Program, City of La Palma
• 2020 Pavement Management Program, City of Laguna Beach • 2020 Pavement Management Program, City of Sierra Madre • 2020 Sidewalk / Pavement Management Programs, City of Lynwood • 2020 Pavement Management Program, City of Alhambra
• 2020 Pavement Management Program, City of Orange
• 2020 Pavement Management Program, City of Fullerton
• 2020 Pavement Management Program, City of Ontario
• 2020 Pavement Management Program, City of Huntington Beach • 2020 Pavement Management Program, City of La Verne
• 2020 Pavement Management Program, Inland Empire Utilities Agency • 2020 Pavement Management Program, City of Monrovia
• 2020 Pavement Management Program, City of Norwalk
• 2020 Sign Inventory Program, City of Aliso Viejo
• 2020 Pavement Management Program, City of South Pasadena • 2020 Pavement Management Program, City of Westminster

MIKE IJAMS
TITLE Geospatial Technology Manager | OFFICE Irvine, CA Mike brings a unique cross section of skills, expertise and innovation as the leader of Fuscoe’s GIS & Technology team, which provides specialized services that enhance and complement Fuscoe’s civil engineering work. An avid aviator, Mike spearheaded Fuscoe’s UAV drone program which captures aerial imagery and processes it into 3D point cloud and topographic surveys. In addition to drone services, Mike’s main specialties are Geographic Information Systems and 3D visualization. He uses both to facilitate communication between designers, clients and the public, and to clarify design intent, resulting in streamlined project approval.

Mike’s relevant project work includes:
• Rancho Guejito Aerial Tree Survey - UAV aerial tree survey of 23,000 acres in San Diego County.

Artificial Intelligence is being used to assess, count and sort trees and classify special vegetation. • City of Lake Forest Street Pavement Assessment - Fuscoe provided image capture and processing of arterial streets in Lake Forest. Artificial intelligence was used to analyze and identify street pavement conditions. This technology helped the City to prioritize and plan annual street maintenance. • Fairmont Miramar Hotel Revitalization, Engineering & Tree Survey - Fuscoe provided civil engineering, UAV tree/inventory survey, topographic and site surveys, GIS documentation and EIR support. FEI provided UAV 3D Point Cloud imagery of trees, gardens, pools, buildings and surrounding neighborhood.
• Rancho Mission Viejo PA3 Cow Camp Road Aerial Survey - Fuscoe provided UAV aerial surveys to help visualize Planning Area 3, the newest ranch-oriented community. • Newland Sierra 3D Model & View Simulation - Fuscoe provided a 3D model and view simulation video of the proposed residential master planned community to help build community consensus.

Additionally, Mike has applied our technology services to numerous projects including, Villas at Fashion Island (monitor and document monthly progress of apartment construction in Newport Center in ultra-high definition 4K video); ARDA Veteran’s Cemetery Site Feasibility (video simulation); St. Mary’s College Campus Master Plan (topographic survey and aerial imagery), among others. He also established a web-based GIS and file system for the City of Yorba Linda following the Freeway Fire and mudslides.

Mike was instrumental in obtaining Fuscoe’s 2019 technology patent. Fuscoe patented its exclusive ThreeDimensional Modeling from Optical Capture. He also served as a Santiago Canyon College instructor, where he taught an Introduction to GIS as part of the College’s Survey and Mapping Sciences curriculum.

EDUCATION
BA, Geography
California State University Fullerton

REGISTRATIONS/CERTIFICATIONS
GIS Instructor, Santiago Canyon College
GIS Advisor, USGBC LEED Regionalization, Pacific Chapter FAA Remote Pilot - sUAS
FAA Section 333 UAV Exemption
FAA Sport Pilot License (pending)

AFFILIATIONS
Association for Unmanned Vehicle Systems International (AUVSI)

PATENTS
US Patent No. US 10,297,074 B2
Three-Dimensional Modeling from Optical Capture
FEI TEAM MEMBER SINCE 2004
Approach to Scope of Services
City of Commerce 2-1
Pavement Management Program Update
Project Understanding / Approach
As the City of Commerce infrastructure matures, the City’s staff is striving to update the City’s Pavement Management Program (PMP) through cost effective condition surveys, engineering cost evaluation, Arterial CIP prioritization, “residential neighborhood” budgetary reporting and work history updates within the PMP database. The City requires a team that will continue to not only survey the defined sections using cost-conscious methodologies but will create a comprehensive program that includes the enhancement of your multi-year PMP CIP, neighborhood maintenance, essential data for PS&E bid document preparation, stewardship of the PMP, GIS links to the PMP, and the knowledge of the inner workings of the StreetSaver software.

Bucknam will provide these services through our proactive and accurate implementation of your PMP; we will address the City’s primary goals of:
• Establishing project kickoff meeting to finalize scope of work, all team members, project schedule and deliverables
• Assessing current StreetSaver database to validate all street classifications, segmentation and segment metrics
• Enhancing the Commerce StreetSaver database with 2019 to 2022 work history data entries; • Surveying 69.4 miles of Arterial, Collector, Local and Alley streets; provide variance PCI reporting based upon 2019 PCI’s vs. 2022;
o Verifying / Updating pavement centerline and metric data (PMP vs. GIS);  Through the use of Bucknam-Fuscoe pavement segmentation Artificial Intelligence (AI) calculations;
o Generating 2022 Pavement Condition Index (PCI) ratings for each segment and overall; • Developing a proactive preventative slurry seal / overlay maintenance schedules based on existing capital funding;
• Establishing solid recommendations for current / future maintenance needs; • Utilizing the City’s existing funding to generate a baseline five (5) year Capital Improvement Program (CIP);
• Recommending alternative maintenance budgets that demonstrate realistic return-oninvestments (ROI), i.e. Scenarios 1, 2, 3, “actual” budget model, maintain PCI model, etc. • Publishing PMP-GIS layer within the City’s GIS Enterprise and the Commerce MyRoads™ webportal (i.e. PCI maps, Proposed rehabilitation program, etc.) We have defined detailed phases to the scope of work in accordance to the City’s RFP;

1. Project Implementation
Approach to Scope of Services
City of Commerce 2-2
Pavement Management Program Update

2. Client Satisfaction

3. Project Schedule

4. Scope of Work (Major Tasks)
1) Project Implementation
TASK 1.1: Project Kickoff
The first step in implementing a successful pavement management program truly resides in frequent communication and timely scheduled data updates. For the City of Commerce it will be essential to establish, up front, the Engineering & Public Works Operations pavement management priorities. Our team will set a Project Kickoff meeting with City staff to further discuss and review in detail the expectations of the project, technical approach, section ID / GIS management & surveys, district/quadrant maintenance, software upgrades & use, deliverables within the scope of work and the review of schedule.

This effort will build consensus between the Maintenance and Public Works staff as well as build stronger ARTERIAL CIP and LOCAL neighborhood maintenance programs that complement large Public Works CIP projects and annual maintenance projects.

The first key topics to be discussed will include the review and assessment of the existing StreetSaver pavement plan/data; its current and future use, survey areas based on recent maintenance work and schedules, new construction, data quality and condition, current pavement procedures, historical expenditure levels, software implementation and desired service levels.

Deliverable: Meeting minutes, revised project schedule (if necessary) TASK 1.2: Project Status Meetings - Quality Control Program Status Meetings and Progress Reports
• Minimum of three meetings during the project (kickoff, field, and status meetings) – minimum of eight (8) hours; Field review meetings; Monthly progress status reports will be delivered to City project manager.

Quality Control (QC)
Prior the data assessment and survey, Bucknam will submit our Quality Control Plan to the City for review and discussion. We will use a statistical sampling approach for measuring the quality of our field technician’s work. In this manner, 10 percent of the original annual surveys will be resurveyed by an independent survey crew, supervised by a field supervisor, and the results will be compared to the original surveys (this will include 6.9 miles of arterial/local/alley QC). 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.

Approach to Scope of Services
City of Commerce 2-3
Pavement Management Program Update
PCI variance reporting will be performed where previous PCI data will be compared to newly inspected 2022 PCI data; if PCI’s vary more than ten (10) points per year Bucknam staff will assess the potential cause through unrecorded work history, accelerated pavement deterioration, etc.

Bucknam will record/log any discrepancies between the previous and current PMP databases (any corrections/changes to the database shall not be made without prior City staff approval).

Since we are collecting distress information on our field Tablets with the Commerce PMP database live, our staff will perform several quality control tests within the pavement management software using a sample set of the City of Commerce’s street distress data.

This will ensure that all system and analysis settings as well as City recommendations and standards are being followed. Over the past two years, Bucknam has submitted fifty (50) METRO/OCTA compliant reports for LA and Orange County municipalities, they include:

Our surveys follow the accepted ASTM D6433 procedure requirements. A copy of the QA/QC plan utilized by our staff during the project will be submitted along with the PMP certification documents. Our staff attends the OCTA PMP Distress Training Classes held in each year, 2011 thru 2022.

In February 2022 our staff was acknowledged as “qualified inspectors and firm” to prepare PMP’s compliant with the OCTA Countywide Pavement Management Guidelines (this certification/compliance runs through June 2024).

Additionally, Bucknam was selected by the Orange County Transportation Authority (OCTA) in July, 2021 to perform a 10-year Pavement Management Plan analysis on ALL 35 Orange County local agencies PMP’s. Essentially, a Countywide Pavement Management Plan! Approach to Scope of Services
City of Commerce 2-4
Pavement Management Program Update
2) Client Satisfaction
TASK 2.1: Project Deliverables
Shown throughout our Scope of Work, each Task is summarized with project deliverables. Client satisfaction will derive from frequent communication with the Project Manager and key staff members from the Engineering and Public Works 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 3) Project Schedule
TASK 3.1: Work Flow / Project Schedule
Our project schedule shows each major task identified in our scope of work, as well as quality control milestones and meetings. Bucknam currently has ample staff to apply to this project in order to meet an aggressive schedule (3 field technicians will drive the proactive schedule).

With a completed survey, our team will work with you to establish a PMP that provides specific, manageable pavement segments, detailed maintenance schedules of needed repairs and cost conscious Approach to Scope of Services
City of Commerce 2-5
Pavement Management Program Update
maintenance recommendations that will assist you in preparing budget estimates required to complete the scheduled work for fiscal year 2022-23 and beyond.
4) Scope of Work (Major Tasks)
TASK 4.1: Update Maintenance and Rehabilitation Activities The City will provide Bucknam a complete listing of all major work (overlay, slurry, etc.) in hard copy format to Bucknam for updating specific section work histories and PCI ratings. Bucknam will review all maintenance and rehabilitation projects completed and/or scheduled by the City since the last update in 2019; this will include work history updates on arterial, locals and alleys.

Our staff will enter the necessary work history updates as mentioned above (i.e. data entry of maintenance / rehabilitation activities) into your StreetSaver software. Once the project is completed, our staff will upload the necessary PMP database files at the City.

Deliverable: Update PMP data, Work History report
TASK 4.2: Pavement Condition Surveys
First and foremost, the assessment of the City’s pavement segmentation is one of the key priorities for this project. With three years between major inspections it will be essential to verify that all Arterial, Collector and Local segmentation is up-to-date and that section SF quantities are verified, accurate and reliable. This will be completed by utilizing the Bucknam-Fuscoe cloud-based learning technology (AI) to correct quantify square footages for each pavement section (see sample below).

Bucknam (powered by Fuscoe’s
unique use of cloud-based
learning technology technology)
allows our staff to provide the AI
with the City of Commerce’s
most recent aerial image; in
doing so, all AC and PCC
pavement areas are immediately
calculated. This instant
calculation is possible due to the
cloud-based learning tech’s inherent working knowledge of how to recognize pavement surfaces and asphalt types.

This ability will allow Bucknam to obtain the necessary quality control measurements for all Commerce PMP segments and to perform segment SF variance reports. This will in turn create a more accurate total centerline / square footage of the Commerce network as well as for each unique pavement segments.

Approach to Scope of Services
City of Commerce 2-6
Pavement Management Program Update
We will review/assess new and/or missing streets previously excluded from the last PMP update and create the necessary segmentation within the Commerce PMP database + GIS links (this AI effort can be applied through our optional services (see proposed fee).

Once the pavement segmentation has been assessed and verified, the necessary 69.36 miles of Arterial, Collector, Local and Alley inspections will be performed. It is the City’s desire to survey all pavement sections this fiscal year.

Our survey methodology will include the following approach based on the ASTM D6433 guidelines:

1. Walking - All sections are surveyed through “two-pass test” walking methodologies. AC/PCC distress types will be collected based upon actual surface conditions and physical characteristics of the segment.

Surveying methods will be conducted by remaining consistent with ASTM D6433-20 & the Army Corp of Engineers AC/PCC sampling guidelines while being flexible to current City requirements.

All sample locations are observed through walking surveys; samples areas will cover a minimum of 20% of the total section area and will be 2,500 SF +/- 1,000 SF in size. According to the City’s RFP the following pavement sections are to be surveyed for the upcoming 2022 PMP update:
• The inspection of approximately 69.4 centerline miles of Arterial / Collector, Local and Alley segments will be performed;
• Recent overlay rehabilitation will reduce total mileage of survey – TBD; • No private streets will be surveyed under this effort; Our use of StreetSaver Tablet-based units (MobileRater) allows our staff to collect pavement data with the City of Commerce’s PMP database live in the field. All electronic data is transferred to the City’s cloudbased StreetSaver account instantly and reviewed from our office for quality control and management.

Roadway Verification Survey - A listing of the field attribute data that is updated/verified during the survey for the pavement management database is listed below:

2. Field Attribute Data (updated and/or verified)
 From/to, indicating the assigned limits of the section, sample test areas, street name  Historical PCI tracking from previous inspections and 2022 PCI inspections  Segment rank, length, width, and total true area of the section

3. Conditional data will be evaluated for all street segments and will include:
 StreetSaver 20 AC & 19 PCC distresses by type, severity and sample area  Sampling/conditional data pulled from within edge-of-pavement to edge-of pavement  PCI ratings (0-100), taking into account the surface condition, level of distress

Approach to Scope of Services
City of Commerce 2-7
Pavement Management Program Update

4. Section Distress and PCI Reporting
Once inspections are completed, we will generate a draft Pavement Condition Index (PCI) Report for City staff to review. The City and our staff will review these reports to ensure that all inventory data is correct and the project is running smoothly.

Our submittal will include:

1. Street centerline miles, lane miles, and pavement area a. Street segments arranged in continuous west/east and north/south b. Reported as an per segment and entire network
c. Reported by functional classification (arterial, collector, local)

2. Current street network Pavement Condition Index ratings a. Street segments arranged in continuous west/east and north/south b. Report as an per segment and entire network
c. Reported by functional classification (arterial, collector, local)

3. Pavement segment tabular listing for the entire street network a. PCI Report – sorted by PCI (worst to best)
b. PCI Report – sorted alphabetically

4. PCI Variance report comparing 2019 PCI’s to 2022 PCI’s Deliverable: Citywide PCI Reports (30%, 65% and 100% status PCI reports), PCI Variance report

DEVELOP RECOMMENDED IMPROVEMENT PROGRAM
TASK 4.3: Maintenance and Rehabilitation and Decision Tree We will assist the City in developing the most cost-effective preventative maintenance and rehabilitation strategies necessary to achieve the desired level of serviceability. Initially, Bucknam will assess overall condition trends and perform an performance predication model; this will lead to Bucknam 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 practices have on the network.

We will establish/update the Commerce StreetSaver maintenance “decision tree” that will be used to generate pavement recommendations that match current fiscal year maintenance approaches/City practices. This will be accomplished by assessing/updating the unique and individual PCI ranges and deterioration curves within PMP software based on functional class (i.e. arterial, collector, local) and age.

Approach to Scope of Services
City of Commerce 2-8
Pavement Management Program Update
Our staff will review the Commerce deterioration curves that have been developed based on historical pavement condition, inspection, surface type, and road class.

All maintenance practices/unit costs will be integrated into the PMP and will be derived from the most recent construction bids for pavement rehabilitation. We will account for inflation rates when long-term revenue projections are made. Our Project Manager and Principal will work closely with the City in defining repair and rehabilitation strategies for each fiscal year as well as establish PMP zones for the street/alley networks. Once the repair/rehabilitation strategies have been defined, the identification of a five year Forecasted Maintenance schedule will be generated.

The recommended budget scenarios will be identified on the basis of several criteria:
• Assessment and review of the City’s Pavement CIP
• Present pavement conditions; Desired levels of service and available resources • Projected / Forecasted PCI’s per section
• Cost benefit of individual strategies (minimum of three (3) scenarios) • Scheduling with the City’s major CIP projects (water, sewer, etc.) • Budgetary recommendations that satisfy METRO guidelines • Local “Neighborhood” fiscal year reporting/improvement scheduling • Future routine maintenance needs based on projected deterioration rates The primary emphasis of this task is to maximize the scheduling of street maintenance using the most cost-effective strategies available and taking into account a life-cycle cost analysis.

TASK 4.4: Citywide CIP / METRO Compliance Budget Reports We will deliver a sound PMP Final Report to the City which will be essential for staff reference / use as well as presented in a way that is beneficial for elected officials/upper management. This report will assist the City in complying with METRO.

The report will be prepared in a format that uses the information delivered by the PMP database in conjunction with the information and analysis performed by our team. The report will provide the City with information on:
 Current inventory and pavement conditions indices (PCI) for all road classes  Projected annual rehabilitation programs for street maintenance for a 5-yr period (ARTERIAL, LOCAL and ALLEY Forecast Maintenance Reports) that show the largest return on investment and acceptable levels of service;
 Modeling and comparison of at least five (5) budget scenarios that typically include:
 Future PMP conditions based upon historical funding levels;  Identification of annual funding to maintain current after 5-years;  Increase current PCI within 5-years;
Approach to Scope of Services
City of Commerce 2-9
Pavement Management Program Update
 Gradual, Frontloaded, Constrained and Unlimited funding analysis;  Strategies and recommendations for the City’s maintenance programs and procedures, including a preventative maintenance schedule;
 Publication of budget scenarios within MyRoads™ and GIS (Bucknam web-portal/dashboard);  Supporting documentation required by METRO;
 A detailed breakdown of deferred maintenance (backlog); and  Quality Management Plan document.

Our recommendations will provide guidance to the City on how to implement better preventative maintenance / rehabilitation strategies and/or increase funding through PMP data examples. We will make a 15 minute (non-technical) presentation of the results from the 2022 PMP update to City personal and/or City Council if necessary; pro bono.

Registered Engineer
Mr. Steve Bucknam, P.E. will review all completed data and sign a final report incorporating the results of our pavement evaluation and conditions. We will provide recommendations for pavement rehabilitation and replacement design based upon field data and analysis.

Deliverable: Two (2) copies of the approved Final PMP Report, METRO compliance form and digital delivery of final project files.

TASK 4.5: PMP – GIS Link / Mapping
As an enhancement and proactive approach to this project, our staff will update the existing PavementGIS link between StreetSaver and the City’s GIS system. Our staff will review, with City staff, all ongoing upcoming capital projects that may impact the GIS mapping delivered for this project. The maps described below will be incorporated into the City’s Final PMP report:
• PCI values for every section
• Work History identifications
• 5-yr Arterial / Local Rehabilitation and Slurry Seal Programs • Functional classification maps
Once the City has approved the Pavement Condition Report, we will update the necessary StreetSaverGIS linkages (street names will be shown on all maps).

By using the unique ID’s within the PMP and the City’s ESRI street shapefile ID’s, we will update the oneto-one match for each pavement section in the GIS. Our staff will coordinate all project deliveries with Approach to Scope of Services
City of Commerce 2-10
Pavement Management Program Update
the Public Works and the GIS division to ensure that the most current and accurate PMP-GIS maps are represented within the City’s GIS enterprise.

Deliverable: Complete GIS files/themes based on list above (project .mxd/shapefiles).

TASK 4.6: Commerce MyRoads™ PMP Web-Portal
Commerce MyRoads™ Web-Portal – Bucknam’s
proprietary option of MyRoads™ is a great match for the Commerce PMP today and the future. This option brings
your PMP data to life within a dynamic PMP dashboard!
Bucknam now provides all our PMP clients with a unique
and agency driven “MyRoads™” web-portal
that provides instantaneous access to your pavement
management database. This “dashboard” allows users to
toggle through individual sections via GIS mapping
selections, zone queries, rank selection, PCI ranges, etc. to review all section metrics, latest/previous inspections, work histories generate filtered PCI reports and identify potential maintenance costs based upon your unique needs.

Bucknam has shown above a current MyRoads™ account
actively working! This tool will
be accessed by City staff simply through a
Username/Password methodology. As changes are made to
the Commerce PMP database the MyRoads™ dataset is
changed to reflect work history edits, PCI inspections and section changes.

In summary, MyRoads™ allows the user perform the following dynamic functions:
• Query specific pavement segment(s) to view current/historic PCI, work history inspection; • Filter for pavement sections within a defined zone, PCI range and/or functional class; • Select a pavement section or grouping of section through the on-board GIS tool; • Enter slurry, overlay & reconstruction unit costs to determine preliminary cost of maintenance and resulting citywide PCI
o Display critical street / sidewalk / ROW assets along pavement section(s) that are critical to Engineering Bid development and solicitation (ADA ramps, utilities, manholes, trees, etc.
• Displays all final GIS project maps (PCI, work history, 5-yr forecasted maintenance, etc.) • Bucknam will train Commerce staff on the simply use of the MyRoads™ dashboard.

Approach to Scope of Services
City of Commerce 2-11
Pavement Management Program Update
TASK 4.7: StreetSaver / MyRoads™ PMP Training
PMP Training
With StreetSaver use being one of the key components to a successful PMP implementation, we will provide City staff with quality, certified training and the necessary skills needed to maintain the PMP.

Bucknam will provide City staff with all collected pavement/GIS data, as well as updated operation manuals for both field data collection and software training use.

Peter Bucknam and Shaun Russo will conduct comprehensive training sessions covering PMP implementation, PMP methodologies, field survey practices, PCI calculations, StreetSaver/MyRoads™ use, editing/updating the database, budget needs analysis, and how to publish PMP data to GIS.

Training typically involves one (1) day of training on the StreetSaver software and GIS linkages. There is no minimum or maximum amount of people that can be trained under this methodology.

Deliverable: PMP software and field training
Optional Services
TASK 4.8: As-Needed PMP – GIS Services
Pavement Management Program Support
With the City implementing a triennial PMP management schedule Bucknam will provide annual PMP support that will cover data previously submitted by our staff. If additional services outside the identified scope of work above are requested Bucknam will provide timely and proactive services to the City. Our typical On-Call services include:
• Additional budget scenarios, general reporting, deterioration studies • Additional visual inspections above the mileage amount indicated in Task 4.2 • Additional pavement management – GIS mapping
• Additional StreetSaver training, operational use
• GIS Enterprise assessment, management, implementation, support The agreement will include the provision of onsite and telephone support for the City staff.

Deliverable: Remote and on-site technical support
Cost Proposal
City of Commerce 3-1
Pavement Management Program Update
Fee Proposal
Bucknam Infrastructure Group, Inc. has included a time & materials, not-to-exceed proposed fee for the City’s consideration (separate document). Our fee follows the described tasks shown within the Scope of Work; Hourly Rate Schedule enclosed as well.

Bucknam is willing to “lock-in” our current hourly rate schedule for the City’s three-year contract term. These hourly rates have been utilized since 2022.

As indicated within our fee, all tasks are negotiable.

CITY OF COMMERCE
2022 Pavement Management Program Update
Cost Proposal - August 15, 2022
Description Principal Project
Manager
GIS
Manager
Lead Field
Technician
Field
Technician(s) Admin Total by Task
2022 Base Fee $295/hr $195/hr $150/hr $145/hr $98/hr $85/hr Task 1 Project Implementation
Task 1.1 Project Kickoff 1 1 $340
Task 1.2 Project Status Meetings - Quality Control 1 2 4 10 $2,245 Task 2 Client Satisfaction
Task 2.1 Project Deliverables 2 2 2 1 $971
Task 3 Project Schedule
Task 3.1 Work Flow / Project Schedule 1 3 $489
Task 4 Scope of Work
Task 4.1 Update Maintenance and Rehabilitation Activities 1 8 $979 Task 4.2 Pavement Condition Survey (approx. 69.4 miles) 2 2 12 98 $12,034 Task 4.2a AI SF Calculation of AC/PCC segments
Task 4.3 Maintenance and Rehabilitation and Decision Tree 2 $390 Task 4.4 Citywide CIP / METRO Compliance Reports 1 18 1 1 $4,040 Task 4.5 PMP - GIS Link / Mapping 1 2 8 4 $2,047
Task 4.6 Commerce My Roads PMP Web-Portal $500
Task 4.7 StreetSaver / My Roads Training 1 7 $881
Reimbursables (mileage, printing, materials) $1,070
All deliverables will become property of the City of Commerce All Tasks are negotiable
Total Hours per Staff 2 31 7 25 132 2
2022 Total Base Fee $ 590 $ 6,045 $ 1,050 $ 3,750 $ 12,936 $ 170 $25,986 Optional Services
Task 4.8 As-Needed PMP -GIS Services (Annual) T&M
*Notes / Assumptions:

All Tasks - Bucknam will utilize City's StreetSaver license for project tasks Task 4.2 - Bucknam will utilize minimum 20% sampling rate during surveys All Tasks - Bucknam and inspectors are qualified through ASTM D64333 / OCTA until FY 2024 Additional services outside of this contract will be negotiated with the City where we will use the Standard Hourly Rate Schedule shown here. 3-Fee
Cost Proposal
City of Commerce 3-2
Pavement Management Program Update
Standard Hourly Rate Schedule
Category Rate
Principal $ 295
Senior Project Manager 215
Senior Engineer / Planner 195
Construction Manager 190
Pavement Management Project Manager 195
Management Analyst 170
Project Engineer / Planner 160
Sr. Engineer / GIS Manager / Sr. Inspector 150
Assistant Engineer / Sr. Technician / GIS Analyst / Inspector 145 CADD Operator 110
Administrative Assistant 105
Field Technician 98
Clerical / Word Processing 85
Forensic Services Quote
Reimbursables
Mileage $0.72/mile
Subconsultant Services Cost + 15%
Reproduction Cost + 15%
Travel & Subsistence Cost + 15%
Fees & Permits Cost + 15%
Computer Services (External) Cost + 15%
Rates Effective 1/1/22
1 EXHIBIT B

GENERAL TERMS AND CONDITIONS

1. Status as Independent Contractor.

A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of the City of Commerce or otherwise act on behalf of Commerce as an agent.

Neither the City of Commerce nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement.

Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City of Commerce.

B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interests asserted against City by reason of the independent Consultant relationship created by this Agreement. In the event that City is audited by any Federal or State agency regarding the independent status of Consultant and the audit in any way fails to sustain the validity of a wholly independent Consultant relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto.

C. Consultant shall fully comply with the workers' compensation law regarding Consultant and Consultant’s employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this Section 1.

D. Consultant represents to the City, and City relies on Consultant’s representations, that Consultant shall serve solely in the capacity of an independent contractor to the City. Neither the City nor any of its agents will have control over the conduct of Consultant or any of Consultant’s employees, except as otherwise set forth in the Agreement. Consultant may not, at any time or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of the City. The City has no duty, obligation, or responsibility to the Consultant’s agents or employees, including the Affordable Care Act coverage requirements. Consultant is solely responsible for any tax penalties associated with the failure to offer affordable coverage to its agents and employees under the Affordable Care Act with respect to Consultant’s agents and employees. Consultant warrants and represents that the City will not be responsible and will not be held liable for issues related to Consultant’s status as an independent contractor, including Consultant’s failure to comply with Consultant’s duties, obligations, and responsibilities under the Affordable Care Act.

Consultant further agrees to defend, indemnify, and hold the City harmless for any and 2 all taxes, claims, and penalties against the City related to Consultant’s obligations under the Affordable Care Act.

2. Standard of Performance
Consultant shall perform all work to the highest professional standards and in a manner reasonably satisfactory to the City Manager or his/her designee. No additional or different tasks or services shall be performed by Consultant other than those specified in Exhibit A.

3. Indemnification.

A. Consultant is skilled in the professional calling necessary to perform the services and duties agreed to be performed under this Agreement, and City is relying upon the skill and knowledge of Consultant to perform said services and duties.

B. City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "Indemnities") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, defend, protect and hold harmless Indemnities from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses of whatever nature, including reasonable attorneys' fees and disbursements (collectively "Claims"), which Indemnities may suffer or incur or to which Indemnities may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or other loss occurring as a result of or allegedly caused by Consultant’s performance of or failure to perform any services under this Agreement or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, subcontractor, sub consultant or employees, committed in performing any of the services under this Agreement. Notwithstanding the foregoing, the provisions of this subsection shall not apply to Claims occurring as a result of the City’s sole negligence or willful acts or omissions.

C. Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth in this Section from each and every subcontractor, sub consultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required in this Section, Consultant agrees to be fully responsible according to the terms of this Section. Failure of the City to monitor compliance with these requirements imposes no additional obligations on City and will in no way serve as a waiver of any rights hereunder. This obligation to indemnify and defend Indemnities as set forth herein shall survive the termination of this Agreement and is in addition to any rights which City may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to City.
3 4. Insurance.

A. Without limiting Consultant’s indemnification of Indemnities pursuant to Section 3 of this Agreement, Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement the types and amounts of insurance as described below:
(I) Consultant shall maintain Commercial General Liability Insurance with coverage at least as broad as Insurance Services Office Commercial General Liability Form CG 00 01 in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. Defense costs must be paid in addition to limits. There shall be no cross liability exclusion for claims or suits by one insured against another. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.
(II) Consultant shall maintain Business Auto Coverage on ISO Business Auto Coverage Form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this Agreement, including coverage for any owned, hired, nonowned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.
(III) Consultant shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance with on a state approved policy form providing statutory benefits as required by law with employer’s liability limits no less than $1,000,000 per accident for all covered losses; (IV) Consultant shall maintain Professional Liability or Errors and Omissions Insurance that covers the services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate.

Any policy inception date, continuity date, or retroactive date must be before the effective date of this Agreement and Consultant agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this Agreement.

B. City, its officers, officials, employees and volunteers shall be named as additional insureds on the policy(ies) as to commercial general liability and automotive liability.

C. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved 4 by the City’s Risk Manager.

D. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City thirty (30) days' prior written notice thereof. Any such thirty (30) day notice shall be submitted to CITY via certified mail, return receipt requested, addressed to “Director of Human Resources & Risk Management,” City of Commerce, 2535 Commerce Way, Commerce, California, 90040. Consultant agrees that it will not cancel, reduce or otherwise modify said insurance coverage.

E. Consultant shall submit to City (I) insurance certificates indicating compliance with the minimum worker's compensation insurance requirements above, and (II) insurance policy endorsements indicating compliance with all other minimum insurance requirements above, not less than one (1) day prior to beginning of performance under this Agreement. Endorsements shall be executed on City’s appropriate standard forms entitled "Additional Insured Endorsement".

F. Consultant’s insurance shall be primary as respects the City, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees and volunteers shall be excess of Consultant’s insurance and shall not contribute with it.

G. Consultant agrees that if it does not keep the aforesaid insurance in full force and effect, and such insurance is available at a reasonable cost. City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of Consultant’s and the cost of such insurance may be deducted, at the option of City, from payments due Consultant.

5. Release of Information/Confidentiality.

A. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary" provided Consultant gives City notice of such court order or subpoena. Consultant’s covenant under this section shall survive the termination of this Agreement.
5 B. Consultant shall promptly notify City should Consultant, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request, court order, or subpoena from any person or party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant and/or be present at any deposition, hearing, or similar proceeding. Consultant agrees to cooperate fully with City and to provide the opportunity to review any response to discovery requests provided by Consultant. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response

6. Ownership of Work Product.

A. Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by the City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identi¬fied and readily accessible. Consultant shall provide free access to the representatives of the City or its designees at reasonable times to such books and records; shall give the City the right to examine and audit said books and records; shall permit the City to make transcripts therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment.

B. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused, or otherwise disposed of by the City without the permission of the Consultant. With respect to computer files, Consultant shall make available to the City, at the Consultant's office and upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring, and printing computer files.

7. Conflict of Interest.

A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it.

Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. 6 B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of services to City as a result of the performance of this Agreement, or the services that may be procured by the City as a result of the recommendations made by Consultant’s covenants under this section shall survive the termination of this Agreement.

8. Termination. Notwithstanding any other provision, this Agreement may be duly terminated at any time by the City at its sole discretion with or without cause by serving upon the consultant at least ten (10) days prior written notice (“Notice of Termination”).

Upon receipt of said notice, the Consultant shall immediately cease all work under this Agreement, unless the notice provides otherwise. Unless expressly agreed upon in writing by the City, the City shall not be obligated to pay for any services rendered nor any costs or expenses paid or incurred after the date of termination. The effective date of termination shall be upon the date specified in the written Notice of Termination.

Consultant agrees that in the event of such termination, Consultant must refund the City its prorated share, except for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written Notice of Termination, Consultant shall discontinue performing services, preserve the product of the services and upon payment for services, turn over to City the product of the services in accordance with written instructions of City.

In the event this Agreement is terminated pursuant to this Section, the City shall pay to Consultant the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Consultant will submit an invoice to the City.

9. Personnel. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services.

Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City's premises.

10. Non-Discrimination and Equal Employment Opportunity.

A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
7 B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation.

C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.

11. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant obligations hereunder, without the prior written consent of City, and any attempt by Consultant to assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect.

12. Performance Evaluation. For any Agreement in effect for twelve months or longer, the City Manager may require a written annual administrative performance evaluation within ninety (90) days of the first anniversary of the effective date of this Agreement, and each year thereafter throughout the term of this Agreement. The work product required by this Agreement shall be utilized as the basis for review, and any comments or complaints received by City during the review period, either orally or in writing, shall be considered. City shall meet with Consultant prior to preparing the written report. If any noncompliance with the Agreement is found, City may direct Consultant to correct the inadequacies, or, in the alternative, may terminate this Agreement as provided herein.

13. Compliance with Laws. Consultant shall keep itself informed of State, Federal and Local laws, ordinances, codes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. Consultant shall at all times comply with such laws, ordinances, codes and regulations. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.

14. Licenses. At all times during the term of this Agreement, Consultant shall have in full force and effect all licenses (including a City business license) required of it by law for performance of the services hereunder.

15. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default.

16. Attorney's Fees. In the event that either party to this Agreement shall commence 8 any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and Consultant.

17. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during Consultant regular business hours or by facsimile before or during Consultant regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section.

18. Governing Law. This Agreement shall be construed and interpreted both as to validity and to performance of the Parties in accordance with the laws of the State of California. Legal actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of Los Angeles, State of California. However, the Parties may agree to submit any dispute to non-binding arbitration.

19. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument.

20. Severability. If any provision or any part of any provision of this Agreement is found to be invalid or unenforceable, the balance of this Agreement shall remain in full force and effect.

21. Entire Agreement. This Agreement, and any other documents incorporated herein by specific reference, represents the entire and integrated agreement between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by the Mayor and attested by the City Clerk.

22. Authority. The person or persons executing this Agreement on behalf of Consultant warrants and represents that he/she has the authority to execute this Agreement on behalf of Consultant and has the authority to bind Consultant to the performance of its obligations hereunder.

23. Force Majeure. A Party’s performance of any obligation under this Agreement shall be suspended if, and to the extent that, the Party is unable to perform because of any event of Force Majeure. In any such event, the Party unable to perform shall be required to resume performance of its obligations under this Agreement upon the termination of the event or cause that excused performance hereunder. “Force Majeure” 9 herein means an event which is beyond the reasonable control of a Party, including without limitation, (a) acts of God including flood, fire, earthquake, hurricane or explosion, pandemic; (b) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (c) government order or law that prevents either Party from performing its obligations as set forth in this Agreement; (d) actions, embargoes or blockades in effect on or after the date of this Agreement; (e) action by any governmental authority that prevents either Party from performing its obligations as set forth in this Agreement; (f) national or regional emergency; (g) strikes, labor stoppages or slowdowns or other industrial disturbances, other than those involving the affected parties employees; (h) shortage of adequate power or transportation facilities.

Neither Party shall be liable for any delay or default in, or failure of, performance resulting from or arising out of any Force Majeure event, and no such delay, default in, or failure of performance shall constitute a breach by either Party hereunder. Where a Force Majeure event gives rise to a failure or delay in either Party performing its obligations under this Agreement (other than obligations to make payment), those obligations will be suspended for the duration of the Force Majeure event. A Party who becomes aware of a Force Majeure event which gives rise to, or which is likely to give rise to, any failure or delay in performing its obligations under this Agreement, will forthwith notify the other and inform the other of the period for which it is estimated that such failure or delay will continue. The affected Party shall take reasonable steps to mitigate the effects of the Force Majeure event.