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Resolution No. 8585
1 2 3 4 5 6 7 8 9 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 8585 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES BY AND BETWEEN THE CITY OF VERNON AND NICHOLS CONSULTING ENGINEERS, CHTD. TO IMPLEMENT A PAVEMENT MANAGEMENT SYSTEM WHEREAS, the City's Department of Community Services & Water 1(the "Department") has determined that it needs the services of a consultant to develop a systematic method to collect and analyze data for inspecting and rating pavement conditions in the City, to develop a pavement inventory, to create a database for maintaining records of street maintenance activities, to evaluate and rate pavement conditions and to develop reasonable and practical maintenance and rehabilitation plans in order to determine the most cost effective maintenance strategy for the City's roadway network (hereinafter referred to as the "Pavement Management System"); and WHEREAS, the Department sought informal bids and received responses from Berryman & Henigar, Norris Repke and Nichols Consulting Engineers, Chtd., all of which were reviewed and evaluated by the Department; and WHEREAS, the Department found Berryman & Henigar to be the lowest vendor submitting a proposal; however Nichols Consulting Engineers, Chtd. ("Nichols") was deemed to be the lowest responsible qualified firm to implement the Pavement Management System because they have worked extensively with cities in the Los Angeles Region, they provide the most experience in the required tasks, and they are the prime consultant for a specialized software known as MTC �0� a d 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Street Saver® developed by the Metropolitan Transportation Commission; Hand and WHEREAS, the Department evaluated two main non-proprietary software packages used in the industry, to wit: MTC Street Saver® and MicroPAVER@ developed by the U.S. Army Corps of Engineers, and deemed MTC Street Saver® to be the best software meeting the City's needs; and WHEREAS, on November 3, 2004, the Finance Committee considered the recommendation of Bruce V. Malkenhorst, Director of Finance, dated October 28, 2004, that an agreement with Nichols be approved and executed; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to enter into an agreement with Nichols. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true land correct. SECTION 2: The City Council of the City of Vernon hereby approves the Agreement for Professional Consulting Services with Nichols Consulting Engineers, Chtd., a copy of which is attached hereto as Exhibit A and incorporated by reference. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor and the City Clerk to execute said Agreement for, and on behalf of, the City of Vernon. - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 4: The City Council of the City of Vernon hereby directs the City Clerk, or his designee, to send one fully executed Agreement to: Nichols Consulting Engineers, Chtd. Attn. Margot T. Yapp, P.E., Vice President 1101 Pacific Avenue, Suite 300 Santa Cruz, CA 95060 SECTION 5: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 3rd day of November, 2004. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MA BURG, " ayor I - - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8585, was duly adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Wednesday, November 3, 2004, and thereafter was duly signed by the Mayor of the City of Vernon. 11 (SEAL) BRUCE V. MALKENHORST, City Clerk - 4 - EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this day of November, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN 113WE THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, California 90058-0805 NICHOLS CONSULTING ENGINEERS, CHTD. (hereinafter referred to as "Nichols") 1101 Pacific Avenue, Suite 300 Santa Cruz, CA 950.60 WHEREAS, the City's Department of Community Services & Water has determined that, in order to identify the most cost-effective strategies for performing street and road maintenance, it needs the services of a qualified consultant to develop a systematic method for the collection of data, the development of a pavement inventory (street network segmentation), the creation of a database for maintaining records of street maintenance activities, the evaluation and rating of pavement conditions in a given area and the development of reasonable and practical maintenance and rehabilitation plans (hereinafter referred to as a "Pavement Management System" or "PMS"); and WHEREAS, City requested proposals from qualified consultants to develop, update, operate and implement a Pavement Management System using MTC Street Saver software developed by the Metropolitan Transportation Commission or MicroPaver software developed by the U.S. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 WE Army Corps of Engineers; and WHEREAS, the Department of Community Services & Water received three bids in response to its request for proposals; and WHEREAS, Nichols submitted a proposal (hereinafter referred to as the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, City has reviewed the Proposal submitted by Nichols and found that Nichols's overall bid package was exceptionally comprehensive in terms of its experience in evaluating, implementing and updating pavement management systems for public agencies within California; and WHEREAS, Nichols is the prime consultant for the MTC Street Saver software in Southern California and represents -that it is qualified, properly licensed and capable of evaluating, implementing and updating a Pavement Management System that the City requires and is willing to do so on the terms and conditions set forth below; and WHEREAS, Nichols represents that it is qualified and capable of providing the products and services described in Exhibit A on the terms and conditions set forth below; and WHEREAS, City has determined that Nichols has demonstrated that it has the requisite competency and professional qualifications to provide the services necessary for the development and implementation of a Pavement Management System and desires to engage Nichols for the services hereinafter described. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SCOPE OF WORK. Nichols shall provide the services identified in this - 2 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 18 19 20 21 22 23 24 25 26 27 28 Agreement at the time, place, and in the manner specified in the Proposal under the direction of City staff. Nichols's services shall include, but shall not be limited to the following tasks: Task A - Kickoff Meeting; Task B-Develop Pavement Inventory (Street Network Segmentation); Task C-Condition Surveys and Pavement Condition Index (PCI) Calculations and Quality Control/Quality Assurance Checks; Task D-Maintenance and Rehabilitation Treatment Decision Trees; Task E- Budgetary Analyses and Final Report; Task F-Installation and Training on PMS software and database (includes MTC Street Saver software purchase); Task G-Executive Summary and Presentation; Task H-GIS Interface (linking PMS database with City's GIS database); and Task I - Technical Assistance(40 hours of on -call support via hotline calls or Ion -site support) to be billed on a time and materials basis. It is understood and agreed that in the event of a conflict Ibetween Nichols' Proposal and this Agreement, the terms of this (Agreement shall prevail. Nichols agrees that all services provided will be conducted by its principal and, if staff members or subcontractors are used, their work will be under the supervision of the principal. Nichols shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in the performance of such services. Nichols shall minimize changes to its key project personnel. City shall have the right to request key project personnel changes and to review and approve key project personnel changes proposed by (Nichols. 2. TIME OF PERFORMANCE. Nichols' services shall commence upon the full execution of - 3 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 the Agreement, shall remain in force from the effective date, and shall expire upon completion according to the Proposal and acceptance by the City, unless terminated according to Section 10 of this Agreement, or extended upon the written agreement of both parties to this Agreement. Completion of the services to be performed by Nichols is expected to be no later than June 30, 2005. 3. COMPENSATION. A. Consulting Costs. City shall pay Nichols for the actual costs (labor and other direct costs) incurred by the Consultant in the performance of the work under this Agreement, in an amount not to exceed Forty -Nine Thousand Nine Hundred Dollars and No Cents ($49,900.00), tax included. Actual costs shall not exceed the estimated wage rates and other costs set forth in Nichols' Proposal. City shall compensate Nichols in the manner and in the amounts specified in the cost schedule set forth in the Proposal for Tasks A - I. If, at any time, Nichols estimates the cost of performing the services described in Exhibit A will exceed the budget for such services including approved additional compensation, Nichols shall notify City immediately in writing indicating the additional amount necessary to complete the service. Any costs incurred by Nichols in excess of the aforesaid limitation without the express written consent of City shall be at Nichols' own risk. 4. METHOD OF PAYMRMT Nichols shall submit within thirty (30) days after the last day of any month in which services have been performed or costs incurred hereunder an invoice to City for payment. Invoices shall contain an itemization of services rendered, directly related job expenses and subcontractor charges incurred by Nichols for which - 4 - 1 Drawings shall contain as much information on a single drawing as can 2 be done without impairing clarity and quality. 3 8. PROFESSIONAL ABILITY OF NICHOLS. 4 City has relied upon the professional training and ability of 5 Nichols to perform the services hereunder as a material inducement to 6 enter into this Agreement. Nichols shall therefore provide properly 7 skilled professional and technical personnel to perform all services 8 under this Agreement. All work performed by Nichols under this .9 Agreement shall be in accordance with applicable legal requirements and 10 shall meet the standard of quality ordinarily to be expected of 11 competent professionals in Nichols' field of expertise. 12 9. TERMINATION. 13 This Agreement may be terminated by City without cause on ten' 14 (10) days written notice to Nichols. In the event of such termination 15 by City, Nichols shall be entitled to only the compensation earned by 16 it prior to the date of the termination notice, plus compensation for 17 necessary work performed during the ten (10) day notice period and 18 authorized in the termination notice. 19 10. NOTICES. 20 Notices to the parties, unless otherwise requested in 21 writing, shall be sent to: 22 City: CITY OF VERNON 23 ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 24 4305 SANTA FE AVENUE VERNON, CA 90058-0805 25 26 Nichols: NICHOLS CONSULTING ENGINEERS, CHTD. ATTN: MARGOT T. YAPP, P.E., VICE PRESIDENT 27 1101 PACIFIC AVENUE, SUITE 300 28 SANTA CRUZ, CA 95060 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. CONFIDENTIAL INFORMATION. A. Access to Confidential Information. City may provide Nichols and/or its subcontractor with, or allow Nichols access to, certain information deemed relevant by City, not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, utility usage or other such information. All such information shall be known as "Confidential Information" and shall not be used to circumvent the responsibility of either party to this Agreement. B. No Disclosure. Except as expressly permitted, Nichols and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Nichols and/or its subcontractor shall return any and all written Confidential Information and all copies made of such items to City upon City's written request, but in any event not later than the date that Nichols has performed all services to be performed pursuant to this Agreement. However, Nichols may retain one copy of the Confidential Information for its legal records. Nichols hereby agrees that such Confidential Information and any documents provided may be used by Nichols and/or its subcontractor only as authorized by City. Nichols' contracts with subcontractors shall include provisions that bind the subcontractors to this non -disclosure requirement. Nichols shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized 1person. - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Court Ordered Disclosure. Nichols shall immediately notify the City of any court order or subpoena or other directive of a court, administrative agency, quasi-judicial body or arbitration panel requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena and City shall reimburse Nichols for such assistance on a time and materials basis. Nichols may only disclose Confidential Information required to be disclosed pursuant to a valid court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge, to the extent that such appeal or challenge does not hinder Nichols from its obligations under such court order or subpoena. D. Remedies. In addition to any other remedies that it may have at law or in equity, City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Nichols acknowledges that in case of such breach or threatened breach of said provisions, City would have no adequate remedy at law. 12. GENERAL PROVISIONS. A. Independent Contractor. At all times during the term of this Agreement, Nichols shall be an independent contractor and shall not be an employee of City. City shall have the right to control Nichols only insofar as the results of Nichols's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Nichols accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City property or Confidential Information. B. Consultant Not Agent. Except as City may specify in 1 writing, Nichols shall have no authority, express or implied, to act on 2 behalf of City in any capacity whatsoever as an agent. Nichols shall 3 have no authority, expressed or implied, pursuant to this Agreement to 4 bind City to any obligation whatsoever. 5 C. Indemnification. To the extent permitted by law, 6 Nichols agrees to indemnify, protect, defend, and hold harmless the 7 City, its City Council, officers, employees, volunteers and agents from 8 and against any claim, injury, liability, loss, cost, and/or expense or 9 damage, including all costs and reasonable attorney's fees in providing' 10 a defense to any claim, arising from Nichols' negligent, reckless or 11 wrongful acts, errors, or omissions with respect to or in any way 12 connected with the performance of the services by Nichols, its agents, 13 subcontractors and/or assigns under this Agreement. 14 D. Insurance. Prior to commencing work hereunder, 15 Nichols shall provide City with proof of insurance providing and 16 maintaining the coverage and endorsements set forth in the Insurance 17 Schedule attached hereto as Exhibit B and incorporated by reference. 18 Said proof of insurance shall also provide that said policy or policies 19 shall not be canceled or materially reduced in coverage without giving 20 at least thirty (30) days prior written notice to City. Nichols shall 21 not permit a subcontractor or vendor to perform work on City premises 22 unless and until a certificate of insurance is obtained showing that 23 such subcontractor or vendor has worker's compensation coverage. 24 If Nichols employs subcontractors as part of the 25 services rendered, Nichols's protective coverage is required. 26 Nichols may include all subcontractors as insureds under 27 its own policy or shall furnish separate insurance for each 28 subcontractor, meeting the requirements set forth herein. 1 E. Governing Law. The validity, interpretation and 2 performance of this Agreement shall be controlled and construed under 3 the laws of the State of California. 4 F. Assignment and Subcontracting Prohibited. Nichols 5 may not assign or subcontract any right or obligation pursuant to this 6 Agreement except with the express written consent of City. Any other 7 attempted or purported assignment of any right or obligation pursuant 8 to this Agreement shall be void and of no effect. 9 G. Amendments. This Agreement may be modified or 10 amended only by a written document executed by both Nichols and City 11 and approved as to form by the City Attorney. 12 H. Entire Agreement. This Agreement constitutes the 13 complete and final expression of the agreement of the parties and is 14 intended as a complete and exclusive statement of the terms of their 15 agreements and supersedes all prior and contemporaneous offers, 16 promises, representations, negotiations, discussions, communications 17 and agreements which may have been made in connection with the.subject 18 matter hereof. All exhibits are incorporated by reference. Nichols 19 represents that in entering into this Agreement, it has not relied on 20 any previous representations or understandings of any kind or nature. 21 I. Benefit of Agreement. This Agreement shall bind 22 and benefit the parties hereto and their heirs, successors, and 23 permitted assigns. This Agreement shall not create any rights or 24 benefits to parties other than City or Nichols. Nothing contained in 25 this Agreement shall create a contractual relationship with or cause 26 of action in favor of a third party against either the City or 27 Nichols. No third -party shall have the right to rely on Nichols' 28 opinion rendered in connection with Nichols' services.without Nichols' 10 1 written consent and the third-party's agreement to be bound to the 2 same terms and conditions as City. 3 J. Forum Selection. Any action brought relating to 4 this Agreement shall be brought and held exclusively in a State Court 5 in the County of Los Angeles, California. 6 K. Recitals. All recitals are incorporated by 7 reference. 8 L. Waiver. Any waiver at any time by either party of 9 its rights with respect to a default under this Agreement, or with 10 respect to any other matters arising in connection with this Agreement, 11 shall not be deemed a waiver with respect to subsequent default or. 12 other matter. 13 M. Force Majeure. Neither party shall be considered to 14 be in default in any of its obligations under this Agreement when a 15 failure of performance shall be due to an uncontrollable force. The 16 terms "uncontrollable force— shall mean any cause beyond the control 17 of the party affected, including, but not limited to, flood, 18 earthquake, storm, fire, lightening, epidemic, war, riot, civil 19 disturbance or disobedience, labor dispute, labor material shortage, 20 sabotage, federal, state, or municipal action, statute, ordinance, or 21 regulation, embargoes or the United States Government or any other 22 government, which by exercise of due diligence such party could not 23 reasonably have been expected to avoid and by exercise of due diligence 24 has been unable to overcome. Either party rendered unable to fulfill 25 any of its obligations under this Agreement by reason of an 26 uncontrollable force, shall give written notice within five (5) .27 business days of such fact to the other party and shall exercise due 28 diligence to remove such inability with all reasonable dispatch. 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N. Warranty. Nichols warrants that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. O. Attorney's Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. P. Nichols agrees to provide City with technical support in the implementation and use of any and all software programs or databases developed for City as part of the Proposal. Nichols also agrees to assist City in determining the appropriate hardware and software needed to integrate their products into City's existing equipment. Q. Patent or Copyright Infringement. Nichols shall indemnify, defend, protect and hold City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses'incurred in connection therewith, including reasonable attorney's fees and costs of defense, based upon a claim that any software program or other product used or furnished by Nichols in the performance of this Agreement constitutes an infringement of any United States patent or copyright. R. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the - 12 - 1 provisions contained herein will, for any reason, be held to be 2 invalid, illegal or unenforceable in any respect, such provision will 3 be ineffective to the extent, but only to the extent, of such 4 invalidity, illegality or unenforceability without invalidating the 5 remainder of such invalid, illegal or unenforceable provision or 6 provisions or any other provision hereof, unless such a construction 7 would be unreasonable or contrary to the intent of the parties as 8 expressed in this Agreement. 9 S. Time of the Essence. Time is of the essence in the 10 performance of this Agreement and of each and every provision hereof. 11 The waiver by the City of any breach or breaches hereof shall not be 12 deemed, nor shall the same constitute, a waiver of any subsequent 13 breach or breaches. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. (ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS TO FORM: ERIC T. FRESCH, City Attorney CITY OF VERNON By: LEONIS C. MALBURG, Mayor NICHOLS CONSULTING ENGINEERS, CHTD. By: Title: By: Title: - 14 - EXHIBIT V4, Nichols Consulting Engineers, Chtd. Civil and Pavement Engineering 1101 Pacffic Ave., Suite 300 Santa Cruz, CA 95060 831.469.4823 831.469.4589 fax Proposal for City of Vernon Pavement Management Program Implementation Submitted to. Department of Community Service and of Water 4305 Santa Fe Avenue Vernon, CA 90058 February 2004 04.30.06 Nichols Consulting Engineers, (htd. Pavement 3 Materials Engineering February 10, 2004 File: 04.30.06 Mr. Sherwood Natsuhara, Deputy Director Department of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 1:�Ecel e'a 1JAN 11 2004 Community Serwce, Subject: Proposal to Implement a Pavement Management System (PMS) Dear Mr. Natsuhara: Thank you for inviting Nichols.Consulting Engineers, Chtd. (NCE) to submit this proposal for the subject project, which is valid for ninety (90) days for the date of this letter. We are enthusiastic about this project and believe that you will find NCE to be the most qualified firm to work for the City. NCE has an extensive track record of evaluating, implementing and updating pavement management systems for many public agencies throughout California and the nation. NCE is a nationally recognized pavement specialty firm with broad capabilities and expertise in the areas of pavement and asset management systems, pavement analysis and design, civil engineering, environmental services, construction management, transportation research and training. For this project, NCE offers the City of Vernon the following: • Extensive experience implementing and updating pavement management systems. NCE has worked with more than 75 local agencies in California, and more than 100 nationwide on similar projects. ■ Expertise in pavement engineering, which will assist Vernon with identifying practical, cost- effective solutions for street maintenance and rehabilitation as part of the budget analyses. ■ Familiarity with local conditions. Recently, NCE has successfully completed PMS projects for the Cities of La Habra, Tustin, Irwindale, Fullerton, Torrance, Vista, Santee, Lake Forest, Corona, Seal Beach, Malibu and Mission Viejo. • National expertise in PMS and emerging pavement technology that will be leveraged to the City's advantage. • A project team interested in maintaining an ongoing relationship with the City of Vernon. NCE's proposed project team has both depth and breadth. We will have two senior managers, myself as Project Manager and Mr. Larry Perlin as QC/QA Manager, each with over 17 years of experience working on PMS projects. They will be supported by experienced in-house engineering and technical staff who have worked together numerous times before on similar projects. 1101 Pacific Avenue, Ste 300 Santa Cruz. U 9SO60 831.469.4823 831.469.4S89 fax Mr. Sherwood Natsuhara 02/10/04 Page 2 of 2 We are confident that we have assembled a highly qualified project team for the City's Pavement Management System project. Should you have any additional questions about our proposal, please call me directly at (831) 469-4823. NCE is excited about this opportunity to work with you on this project, and we look forward to hearing from you soon. Sincerely, NICHOLS CONSULTING ENGINEERS, Chtd. Margot T. Yapp, P.E. Vice President Enclosures: 4 copies of Technical Proposal with Exhibit 1 copy of Fee Proposal (in separate sealed envelope) Nichols Consulting Engineers, Chtd. raremeat i Materials Eajileeria` Qualifications & Experience Nichols Consulting Engineers, Chtd. ORGANIZATION Nichols Consulting Engineers, Chtd. (NCE) is a full service civil engineering and environmental services company offering turnkey solutions to transportation projects with a specialty in pavement engineering. From research projects with the Federal Highway Administration, to cost-effective engineering design applications for airports, highways, streets, and harbors, NCE's service is custom-tailored to respond to the needs of public agencies. CORPORATE PROFILE Founded in 1990 by James Nichols, the company commenced operations as the Western Region Coordination Contractor for the Strategic Highway Research Program. The firm has expanded and currently offers a full range of civil engineering and environmental services to a wide variety of federal, state, local government and industrial clients. NCE links state-of-the-art research to the standard of practice in civil design, environmental services, construction, and management. STAFF NCE staff has a wealth of experience working on all types of transportation infrastructure projects, including highways, airports, intermodal transfer facilities, mining haul roads, leach pads, city streets, and parking lots. NCE has a staff of over fifty people, half of whom are engineers. Our staff benefits from continuous training in the latest design and construction techniques. We not only do we routinely participate in such training, but we also instruct others throughout the engineering community. PAVEMENT MANAGEMENT SERVICES Street (pavement) networks are often the most valuable assets that many agencies possess. These assets are not only expensive to maintain and repair, but comprise an essential component of the state, county or city's economic health. Because pavement maintenance and rehabilitation costs are rising faster than most agencies budgets, it is essential to find more cost- effective ways to perform maintenance and rehabilitation activities. Pavement management systems assist agency staff with making intelligent decisions about the expenditure of maintenance and rehabilitation funds by identifying the most cost-effective strategies for performing street and road maintenance. NCE has developed a staff of experienced pavement management specialists to help agencies implement, update and operate pavement management systems, and to develop reasonable and practical maintenance and rehabilitation plans. NCE can provide its clients with the following Pavement Management Services: • Preparation of grant applications • Implementation planning Nichols Consulting Engineers, Chtd. Page 1 • Needs Assessments • Software selection and custom software development • Network sectionalization • Pavement condition surveys • Maintenance & Rehabilitation planning • Budgetary planning • GIS Interface • Database updates • Training • Presentations to elected officials and upper management NCE has and continues to support the following Pavement Management Systems:. • Metropolitan Transportation Commission PMS (MTC) • MicroPAVER • Hansen Information Technologies • Cartegraph • dROAD/dTIMS Proposed Project Team The organization chart below illustrates NCE's proposed project team for the implementation of the City of Vernon's Pavement Management System. I CITY OF VERNON Project Manager Margot T. Yapp, PE QC/QA Manager Larry I. Perlin, PE Senior Engineer Liqun Ke, PE Project Engineer Shahid Khan Su Wang Technicians David Bivins Doug McCarter Nichols consulting Engineers, Chtd. Page 2 NCE has assembled a team of uniquely qualified and experienced staff who has successfully completed pavement management program projects all over the United States. The following paragraphs are resume summaries for each of the proposed key project team members. NCE is proposing Ms. Margot T. Yapp, P.E., as the Project Manager on this project. Her in- depth knowledge of Pavement Management Systems will ensure the successful completion of the project. Ms. Yapp has over 17 years experience successfully implementing Pavement Management Systems and training local agency staff to use these systems. Her ability to effectively work with public agency staff and with elected officials is extremely helpful in building support for pavement management program activities. She has implemented numerous Pavement Management Programs for airports, cities, and counties throughout California, Oregon, Nevada, Hawaii and Texas. Ms. Yapp has been Project Manager for the implementation of Pavement Management Programs for over 75 city (Tustin, Torrance, Fullerton, La Habra, Corona, Modesto, Hayward), county (Mann, San Bernardino, and Monterey.) and federal (USFS, Presidio of San Francisco, Barbers Point NAS) agencies. These projects included the use of software such as the MTC PMS and MicroPAVER as well as others that were custom -developed for clients with special needs. She has been involved in all aspects of PMP implementation, from collecting field data, performing condition surveys; performing analyses, preparing reports, presenting results to policy makers (City Councils), as well as training and managing projects. Ms. Yapp is also Principle Instructor for the Federal Highway Administration's training courses on Pavement Management Systems, which has been taught in more than 20 states across the U.S. She has also instructed classes on PMS for Local Decision Makers for Caltrans and regional government agencies. Mr. Larry 1. Perlin, P.E., will be responsible for Project QCIQA. Mr. Perlin, has over 18 years experience working for local government in California and has been responsible for Pavement Management System implementations and updates in several California cities, as well as the successful development and implementation of multi -year, multi -million dollar street maintenance and rehabilitation programs. He has served as Director of Public WorkslCity Engineer for the Cities of Capitola and Saratoga, and most recently, for the Town of Los Gatos. Additionally, he served as City Manager for the City of Saratoga from 1997 to 2000. His extensive background in municipal government is particularly beneficial in terms of understanding and meeting the needs of NCE's public sector clients. Mr. Liqun Ke, P.E., will serve as Senior Engineer on this project. Mr. Ke has 9 years of, experience implementing Pavement Management Programs and performing pavement engineering and design. Currently, he serves as Project Engineer providing data analysis for the following PMP implementations and updates: Cities of Tustin, Torrance, San Marino, La Habra, Mission Viejo, San Mateo, San Ramon, Santa Cruz, Fremont and the Counties of Riverside, Marin and Stanislaus. He is very familiar with PMP software and database installation and training of City staff. Nichols ConsulUng Engineers, Chid. Page 3 PROJECT EXPERIENCE The following maps show the jurisdictions where NCE has provided pavement management services, including software evaluations, implementations, distress surveys, updates, and training over the past five years. Northern California ,n. � airfield 113 " k Grove tzt 29 1 ; Ba k =Jets QId0 o VaNe)oo 12 olodi - ; - Vd Vsae' . Berkele lz« k San Francisco Whols Consulting Enometa, Chtd. Rodeo ea 0 6ayP_o�rd .. 16 ^�TCOOCOfd® � _ wa Creek eerdwood 4 Wockton a ti vile C.1an'd n Ramon gMar teca 1. San Learxko , � Y aRipon n dRy 132 132Ah 25 lad Page 4 Southern California Nichols Consulting Engineers, Chtd; P 6 F A more complete list of agencies for which NCE has completed or has on -going Pavement Management System projects is provided below: 0 Alaska DOT ❑ Montana DOT 0 Alameda 0 Monte Sereno 0 Albany ❑ Monterey 0 Alberta, Canada 0 Morgan Hill 0 Antioch 0 Mountain View ❑ Arizona DOT 0 Northern Territories, Canada 0 Auburn, WA ❑ Nevada DOT 0 Belmont 0 Newark 0 Berkeley 0 Newman 0 Bishop 0 Oakdale 0 Bothell, WA ❑ Oakland 0 Brentwood 0 Oregon DOT 0 British Columbia, Canada 0 Odnda 0 Caltrans ❑ Palm Springs 0 Campbell ❑ Pacific Grove ❑ Capitola 0 Patterson 0 Cannel -by -the -Sea 0 Pebble Beach 0 Ceres ❑ Polk County, FL 0 Citrus Heights 0 Port Angeles, WA 0 Colorado DOT 0 Portola Valley 0 Corona 0 Pt. Arena 0 County of Marin 0 Rancho Mirage 0 County of Mendocino ❑ Redmond, WA 0 County of Mono 0 Redwood City 0 County of San Mateo ❑ Reno/Tahoe Int'i Airport 0 County of Santa Cruz 0 Riverbank 0 County of Santa Barbara ❑ Salinas 0 County of Lassen ❑ San Francisco ❑ County of Mono ❑ San Francisco Int'I Airport ❑ Daly City 0 San Jose 0 Danville ❑ San Marino 0 Des Moines, WA 0 San Mateo ❑ Dinuba ❑ San Ramon 0 Elk Grove 0 Santa Ana ❑ Emeryville 0 Santa Cruz 0 Fairfield 0 Santee 0 Foster City 0 Scotts Valley ❑ Fremont 0 Seaside 0 Fresno 0 Seattle, WA 0 Fullerton 0 Stanislaus County 0 Gilroy 0 Stockton 0 Hawaii DOT ❑ Texas DOT 0 Hayward 0 Torrance ❑ Hillsborough OTracy 0 Hollister 0 Tumwater, WA 0 Hughson 0 Turlock ❑ Idaho DOT ❑ Ukiah 0 Irwindale 0 University of Washington 0 John Wayne Airport 0 US Forest Service Regions 1, 5 and 6 0 King County, WA 0 Utah DOT ❑ Kirkland, WA 0 Vancouver, WA 0 Lafayette 0 Vermont 0 Livermore 0 Vista 0 Lompoc 0 Washington State DOT 0 Mammoth Lakes 0 Waterford ❑ Watsonville 0 Metropolitan Transportation Commission 0 West Covina 0 Millbrae 0 West Hollywood 0 Milpitas 0 Willits 0 Mission Viejo ❑ Wyoming DOT ❑ Modesto ❑ Moffett Field/NASA Nichols Consulting Engineers, Chtd. Page 6 Project Descriptions/References The following are descriptions of representative Pavement Management System projects recently completed by NCE. Please feel free to use this information as NCE references as well. NCE is very proud of our excellent reputation and willingness to go the extra mile in responding to the needs of our clients. We look forward to providing the City of Vernon with the same level of superior service on this project. Torrance Pavement Management Program 2003 Client: City of Torrance Contact: Mr. Steve Finton Address: 3031 Torrance Blvd Torrance, CA 90503, Phone: (310) 618-2820 NCE was requested by the City of Torrance to evaluate and select a PMP, and then to implement it on the city's arterial network. The City asked NCE to identify the needs of the pavement network, establish cost effective priorities for making improvements, and develop a long-range program for use in planning, implementing, coordinating and budgeting the street maintenance and rehabilitation program. As part of the implementation, NCE performed the following tasks: • Evaluated and selected PMP software • Condition surveys using the Data Wrangler which is a PDA (personal data assistant) • Calculated a Pavement Condition Index (PCI) • Updated maintenance and rehabilitation (M&R) strategies and life cycle costs • Determined the budget needs of the road network • Ran what -if budget scenarios NCE is currently working with the City to provide these services. NCE was asked to survey all arterial and collector streets for this portion of the project. In addition to the tasks bulleted above, NCE is also providing training and technical assistance and prepared an executive summary report. City of Corona MicroPAVER PMP Implementation Client Name: City of Corona Contact Name: Mr. Ed Delano, Assistant Civil Engineer Address: 815 West Sixth Street Corona, CA 91720 Phone: (909) 279-3518 NCE implemented a Pavement Management Program (PMP) for the City of Corona using the MicroPAVER PMP. Approximately 3100 roadway sections were entered into the database. As part of the implementation, NCE performed the following tasks: Nichols Consulting Engineers, Chid. Page 7 • Sectionalized the road network • Verified roadway inventory • Performed condition surveys • Calculated a Pavement Condition Index (PCI) • Determined the budget needs of the road network • Performed what -if budget scenarios • Provided PMP data formatted for the existing ArcView GIS system • Trained City staff on all aspects of the PMP NCE continues to maintain an annual on -call contract to perform PMP updates on a regular basis. City of Vista Micro PAVER PMS Update 2001 & 2003 Client Name: City of Vista Contact Name: Mr. Dan York City Engineer Address: Department of Public Works 600 Eucalyptus Ave. Vista, CA 92805 Phone: (760) 726-1340 NCE was selected by the City of Vista to update their Micro PAVER database. The work included completing a survey for 50% of the arterials and 25% of the residential streets, entering work history into the database, general data entry and QC/QA. NCE also provided the City of Vista with training for City staff and on -call system support. County of Santa Barbara Micro PAVER PMS Update 2000 Client Name: Contact Name: Address: Phone: County of Santa Barbara Mr. W.H. "Bill" Vachon Department of Public Works 123 Anapamu Street Santa Barbara, CA 93101 (805) 568-3033 NCE contracted with the County of Santa Barbara to re -survey over 1300 centerline miles of County's roadway network. The surveys collected data on both asphalt concrete and Portland cement concrete pavements using Micro PAVER condition procedures. NCE entered all information into the County's database, performed QA/QC checks, and completed the project by performing the PCI calculations, and generating custom reports for CIP planning and implementation for the next five years. Nichols Consulting Engineers, Chid. Page 8 City of Lompoc Micro PAVER PMS Update Client Name: City of Lompoc Contact Name: Ms. Marlene Demery, P.E. Community Services Director Address: 100 Civic Center Plaza P.O. Box 8001 Lompoc, CA 93438-8001 Phone: (805) 875-8227 As an addition to the County of Santa Barbara's implementation, NCE was also asked by the City of Lompoc, which is in Santa Barbara County, to complete a re -survey of the City's 180 centerline miles of roadway network. The City of Lompoc recently converted its Carter PMS database into Micro PAVER 4.2. NCE worked with the City to make needed modifications to the database. NCE also prepared reports and budgets for the City's Capital Improvement Program. NCE also provided training in addition to the re -survey. City of La Habra Pavement Management Program - 2001 and 2003 Client Name: City of La Habra Contact Name: Mr. Chafik Mouradi Address: Engineering Department 201 E. La Habra Blvd. La Habra, CA 90631 Phone: (562) 905-9720 The City of La Habra contracted with NCE in 2001 to update the City's Pavement Management Program using the MTC PMP. The City also requested that the following tasks be implemented for this contract: update the link to the City's GIS ty ,perform pavement condition surveys, adjust segmentation of the City's street network as needed, prepare and submit the required reports on the City's PMP to OCTA, update the Maintenance & Rehabilitation decision trees, and train City maintenance personnel to perform condition surveys and update the PMP database. The City of La Habra's street network consists of 115 centerline miles. NCE surveyed the entire network using the "Data Wrangler" device developed by NCE. The "Data Wrangler" is a Pocket PC, programmed to allow NCE field technicians to enter pavement condition survey data as it is collected. This essentially eliminates the need to perform manual data entry thus resulting in a significant amount of time saved and a lower probability for errors. NCE reviewed and updated the M&R decision trees and then calculated budget needs and summary report that was presented to the City Council in PowerPoint format. performed several budget scenarios. The budget analysis was summarized in an executive NCE also provided computer software training of the City offices for several public works employees. The topics covered during the training ranged from adding management sections to the database to using the PMP to assist in developing a seven-year Capital. Improvement Program. NCE is currently in the process of updating the City of La Habra's MTC PMP database for 2004 in order to certify the city for OCTA's Measure M funds. Nichols Consulting Engineers, Chid. Page 9 City of Tustin Pavement Management Program Implementation 2003 Client Name: City of Tustin Contact Name: Mr. Benny Tenkean Address: 300 Centennial Way Tustin, CA 92780-3715 Phone: (714) 573-3161 NCE was asked to implement a pavement management program for the City of Tustin using MicroPaver. The City has approximately 96 centerline miles of streets. As part of the implementation, NCE performed the following tasks: • Condition surveys using one person Crew (approximately 774 sample units were surveyed) • Calculated a Pavement Condition Index (PCI) Updated maintenance and rehabilitation (M&R) strategies and life cycle costs • Determined the budget needs of the road network • Ran what -if budget scenarios • Prepared 5-year work program • Prepared CADD mdps illustrating the recommended work program • Database installation and training • Technical assistance as needed County of Riverside PMS Hotline Support Client Name: County of Riverside Contact Name: Ms. Grace Johnson Address: P.O. Box 1605, Riverside, CA 92502- Phone: (909) 275-6817 In this project, NCE provides hotline support to the County on all aspects of the PMS used by the County. This includes assisting the county with training, performing budgetary analyses, preparing reports, general trouble -shooting, performing database upgrades, and software installations on networks. Nichols Consulting Engineers, Chtd. Page 10 Work Plan Project Understanding It is NCE's understanding that the City of Vernon desires to implement a Pavement Management System (PMS) using either the Metropolitan Transportation Commission's (MTC- PMS) software or MicroPAVER PMS software. In either case, NCE is uniquely qualified to support the City on this project because of our broad experience with setting up and maintaining. Pavement Management Systems for cities and counties throughout California using both software packages. From our understanding of the City's objectives for this project, and based on a preliminary field review of a portion of the City's street network, we have developed this proposal assuming use of the MTC-PMS since we believe this program is better suited to the City's needs and available resources resulting in a cost-effective application for the City over time. It is our understanding that the goals for this project are to: • Develop a complete inventory of the City's street (pavement) network • Create a database for maintaining records of street maintenance activities (past and future) • Assess current pavement conditions • Define pavement maintenance and rehabilitation (M&R) treatment practices and unit costs • Determine M&R budget needs and priorities for a given period of time • Evaluate the impacts of alternative funding scenarios on the overall pavement network • Provide training to City staff on the use of the PMS software and on distress data collection In addition, we have proposed three Optional Tasks in our proposal as follows: • Present findings to City Council and/or senior City staff (Optional) • Develop a link between the PMS and the City's GIS (Optional) • Provide on -call technical support to City staff (Optional) In order to accomplish the above goals, NCE proposes a series of work tasks as described below. Task A. Kickoff Meeting NCE will first meet with City of Vernon staff to kickoff the project. At the kickoff meeting, NCE will review the technical approach to our work, and address any administrative issues as maybe necessary. Specific items to be discussed will include: • Scope of work • Project schedule • Project budget • Points of contacts • Roles and responsibilities of project personnel • Job safety • Records to be provided by City • Street lengths, construction dates, Functional Classifications, etc. • Historical maintenance and rehabilitation records Nichols Consulting Engineers, Chid. Page 11 • Cost information for M&R treatments (e.g. recent bid tabs) Existing maps Task B. Develop the City's Pavement Inventory (Street Network Segmentation) From the records furnished by the City, and based on discussions with City staff, NCE will divide the street network into sections based on standard PMS criteria. Surface type changes, functional classification changes and other PMS criteria such as construction history, pavement structural section properties and unique physical characteristics (e.g. median divided streets, cross -sectional changes, etc.), will be evaluated to determine the most appropriate manner in which to establish the individual pavement sections that comprise the entire street network. Typically, the sections will be separated into the three standard functional classifications of streets - arterials, collectors and residentials, and each street will be divided into appropriate manageable sections. At a minimum, the attributes of each section that will need to be inventoried will include: name, begin location, end location, length, width, surface type, number of lanes and age. It is assumed that roughly 350 sections (based on approximately 50 centerline miles of streets) will need to be inventoried. After the street network is segmented, the above attributes for each section will be verified in the field by driving the entire network and using a distance measuring instrument, (DMI) if necessary. (Note — The measurement of lengths may not be necessary if the City provides accurate street lengths in advance). NCE will then enter all of the street section data into the PMS database. The data will receive quality control checks to insure that it is complete and accurate. Once the data entry is complete, reports will be prepared and printed for the City's review and approval. As an Optional Task, the populated PMS database can then be linked to the City's GIS database if desired (see Optional Task H for more details). All of the information collected in this Task or calculated in Tasks C — E, can be viewed in a GIS interface. If the City is interested in GIS Linkage, NCE will be available to discuss more specific details at a later time. Task C. Condition Surveys & PC/ Calculations NCE will next perform pavement condition surveys of the City's entire pavement network. Because of the predominantly industrial nature of Vernon, the City has a pavement network that is subjected to high volumes of traffic and heavy vehicular loads from the surrounding areas. The pavement distresses that are present are reflective of these traffic conditions, as well as the local environment and climate. These distresses include alligator cracking, rutting, distortions, patches and utility cuts as well as weathering and raveling. The distress types to be documented during the pavement condition surveys include: For Asphalt Concrete Pavement Alligator Cracking Longitudinal Cracking Transverse Cracking Weathering and Raveling Rutting Utility Cuts and Patches Distortions and Depressions Nichols Consulting Engineers, Chid. For Portland Cement Concrete Pavement Comer Breaks Divided (Shattered) Slabs Faulting Linear Cracking Patching & Utility Cuts Scaling/Map Cracking/Crazing Spalling Page 12 Typically, approximately one sample unit will be inspected for each 1,000 lineal feet of roadway. Any variation from the established procedures will be to accommodate unique local conditions and will be reviewed with City staff. Any areas that do not appear typical of the entire section will be inspected and recorded as a special sample unit. NCE typically uses a one -person crew to perform the condition surveys, except for high speed and high volume arterial streets. In these cases, a two -person crew is used. The distress data will be recorded in the field using a PDA or handheld device similar to that shown below that was specifically developed for this purpose by NCE. This device allows us to significantly reduce the amount time needed for subsequent data entry, thereby lowering costs to the City, and provides for more stringent quality control. Nichols Consulting Engineers, chtd. Page 13 NCE DATA WRANGLER OfflnelffiffiffifflEa Milt Sec JANWIMV, 010, AIHIM AVE SVicet ID ADAMAY Section 10 O10 Street Name ADAM AYE 21�65--tiYloth r__� Lanes �J Class kupectlon" l 1 of 2 Flo mu.%ses Sp i Date 318f01 1Yid1f C� LwVth 100 Ana maw. • Mobile Handheld Device • Records Inspection Units • Collects Data in Less Time • Eliminates Manual Data Entry • Eliminates Use of Paper Forms • Improves Quality Control • Capable of Full and/or Partial Data Extraction Type �S''�4' Y Q 6-�tttrY110epression 1444ed.= Type _ i5everiy � 4{anC/frani Gadip am 1-AFgdnrGediq €Liaw 120 4lOeorasion!L{ohr 60 NCE will be responsible for providing all labor and equipment necessary for the performance of this Task. Should City staff wish to observe NCE's crews during the condition surveys, we will be more than happy to accommodate such a request. All information collected from the condition surveys will then be downloaded into the PMS database. This Task will be performed at NCE's office in order to provide quality control of all data. entered into the system. NCE will then perform the pavement condition index (PCI) calculations using the pavement management system software, and correct any errors found. The PC[ may then be used to develop pavement performance models and in the budgetary analyses. Quality Control/Quality Assurance The condition survey data will receive random quality control checks to insure that it is complete and accurate. QC/QA checks are critical on a project such as this when the amount of data collected is so vast. As part of NCE's goal to provide a superior work product for our clients, we incorporate a quality assurance/quality control component in all of our projects. For this project, we have proposed the inclusion of a QC/QA Manager, Mr. Larry Perlin, to provide the requisite quality oversight. As QC/QA Manager, Mr. Perlin will have the following responsibilities: • Calibration of all data collection activities. • Review of field activities, including spot checks of the field crews. Nichols Consulting Engineers, Chtd. Page 14 • Review of field procedures and authority to order changes if needed. • Comparison of field data collected with on -site conditions. • Review of all data entry functions, including random spot checks. • Review of reports generated and analyses performed to ensure accuracy and thoroughness. Task D. Maintenance & Rehabilitation (M&R) Treatment Decision Trees Upon completion of all data collection activities, NCE will review maintenance and rehabilitation (M&R) strategies with City staff. This will include the selection of appropriate treatments, such as chip seals or overlays, and the determination of treatment unit costs. This will also be an appropriate time to review the use of new treatments or materials, such as rubberized asphalt, rubberized chip seals, or Bonded Wearing Courses. NCE's expertise in pavement analysis and design, as well as our knowledge of local conditions, allow our engineers to provide the City with solutions that are practical and economical. The M&R Decision Trees are used to determine the most effective treatments for each street section based upon its condition, pavement type, and functional class. Once the M&R treatment alternatives are defined, a treatment unit cost will be determined for each alternative. These alternatives and costs will then be entered into the PMS database for budgetary analyses. All modifications will be noted and: summarized in a report to the City. Task E. Budgetary Analyses & Final Report In this Task, we will perform all budgetary analyses including Budget Needs and Budget Scenarios, and prepare a final report for the City of Vernon. Budget Needs NCE will perform a multi -year Budget Needs analysis to identify M&R requirements for each street section and to determine the total maintenance and rehabilitation requirements for the analysis period. The Needs Analysis will identify street sections that need treatment and will apply the M&R Decision Trees to each section. Typically, a five-year analysis is performed, but this will first be discussed with City staff. This Budget Needs analysis forms the basis for the Budget Scenarios, or "What if module that optimizes the pavement sections for treatment under constrained budget scenarios. Budget Scenarios NCE will perform up to three (3) Budget Scenario runs for the City, based on input from City staff. The impact analyses performed will be determined based on input from City staff. We will also provide recommendations concerning funding scenarios and selected road sections for rehabilitation. The reports from this module are frequently used to form the basis for a Capital Improvement Plan, as well as for generating maintenance work plans. Upon completion of this Task, NCE will provide a draft report to the City of Vernon summarizing all results. This draft report will include the following: • Background and description of the Pavement Management System. • Inventory reports for the entire street network, including a network valuation. Nichols Consulting Engineers, Chid. Page 15 • Condition reports detailing the overall condition of the street network. • M&R reports detailing descriptions of recommended treatments. • Remaining service life of street network. • Budget Needs. • Budget Scenarios • Impacts of different funding scenarios on pavement condition and deferred maintenance (backlog). • A prioritized list of streets for a multi -year work -plan. • Projected future pavement conditions. A meeting will be held with City staff to review and discuss the draft report. After all comments have been received from the City, NCE's final report will be prepared and submitted to the City. Task F. Installation & Training Upon completion of the above tasks, NCE will install the PMS software and database on a City computer. Staff training can then also be provided. Our recommendation for training is to include at least 1 day of hands-on computer training, and up to 2-3 days for field (condition survey) training. It is anticipated that up to 5 City staff will be included in both aspects of the training. The computer training will occur at the City offices on computers provided by the City (typically 1 computer for every 2 staff). For the field training, we strongly recommend that the City commit each staff member to receive the training to 2-3 days with our field technicians. In essence, they will become part of the data collection crew, rather than just an observer, which we have found to be the most effective means for teaching and learning. Task G. Executive Summary and Presentations (Optional Task) NCE can also prepare an Executive Summary as well as a presentation for City Council or senior City staff. The Executive Summary will focus on the budgetary analyses performed. It is a short, roughly 15-page, summary of the project, and can be considered as a "State of -the Streets" report. We have included a sample Executive Summary with this Proposal as additional information for the City's review. The presentation to Council is similarly short. Typically, since the audience is non -technical, graphs are used to illustrate the results, and more importantly, the consequences of any decisions made about PMS funding. Depending on the City's needs, NCE can prepare either 10-15 minute formal presentations for Council, or more detailed, one -hour long, presentations to City staff. Task H. GIS Interface (Optional Task) NCE will work with the City's GIS staff to link the PMS database with the City's GIS database. Maps can then be generated to show the condition of each pavement section, show which segments need repair and when, as well as virtually any other PMS information contained in the database. Please refer to the GIS maps in the "Supportive Information" section for screen Nichols Consulting Engineers, Chid. Page 16 captures of what GIS maps look like. Typically, when linking the PMS to a GIS, NCE follows these steps: 1. Link the GIS segments to the PMS segments. Once the linkage has been made, any attributes linked to the PMS database will be available on the GIS. 2. NCE will meet with the City to review the City's needs and then develop custom queries. In addition, a custom user interface will be developed to aid City staff in accessing the GIS in the future. Typical queries include: • Street conditions (as measured by PCI) both present and future • M&R historical information • Projected treatments (types and dates) 3. NCE will install the PMS/GIS link on -site on a stand-alone computer and provide training to City staff on the operation of the PMS/GIS interface, as well as how to link new streets in the future. If the City requires that the system be installed on the network, then additional time may be required to work with the City's network administrator. It is also assumed that the City possesses a software license for GIS (ArcView or similar). In addition, if the City has staff with experience using ArcView, we can reduce the amount of time and effort needed to program custom queries and user-friendly interfaces, and instead, train City staff to perform these queries. Task L Technical Assistance (Optional Task) On -call technical assistance, via hotline calls or on -site support, can also be provided for up to one year after completion of the project. Typical types of support can range from 5-minute phone calls, to providing additional analyses, to on -site trouble shooting of the PMS database. For the purposes of our Fee Estimate, we have assumed 40 hours of on -call support that would be billed on a Time & Materials (T&M) basis. Project Deliverables The project deliverables are: • One (1) copy of the Draft Report. • Three (3) copies of the Final Report. • One (1) copy of PMS licensed software. • One (1) copy of PMS database on CD. Nichols Consulting Engineers, Chtd. page 17 Project Schedule NCE's proposed project schedule is shown in the following table: Task Weeks to Complete (from Notice to Proceed A. Kickoff Meeting 1 B. Develop City's Pavement Inventory 2 C. Condition Surveys & PCI Calculations 5 D. M&R Treatment Decision Trees g E. Budgetary Analyses & Final Report g F. Installation & Training 10 G. Executive Summary and Presentations (Optional) To be Scheduled H. GIS Interface (Optional) TBD I. Technical Assistance (Optional) As Requested Nichols Consulting Engineers, Chtd. Page 18 , - AiMp. GIS 3 2 7x- ti Arc -View G!S 3.2 cmWIM- c tPMSStreeis /{ ArcV,ew G IS 3.2 000 T- ti o00 40 e� a0- O e0- O N 00 O� 00 M M O fa et M tG co O0 N it N N 4J <D M co 't M w w w w w w w w w w sA t00 tU) O N O tU O t� 0 O V N N ` m' N M p a w va w w ww w w to w N t0i 0 ti a m "O co O t0D 0r p O M N to C N N to O M N t0 go W C d' ClN w N" tM w It N 0 -l.1 N It fR w w w w w w w w tri 4% V 'V tt t N � co aN- c.i C O Vl0 C ti M N to w � m w a- C •• m E V m O Qi 0-cC O co v v LO st Q.� a w w E � — M d y Y ` inN =C CDC Cc'� W 00 O N 00 O M 00 Oa O Q ` w Z J V) p C� ai Q. -� c C) LL m o CL c UJ Z~CL mW) i� R e~- 00 q1t V N CD N co N co cq � � a m W ^ m CL cc al a o o a c. c. m O O O c to .. o 1 o w o 3 ° m 3 m c R CL c �' c CD° .. o o R V o c c ` F- GCi V R = LL F- tl ^ O Y N c CLB ad W � 01 c ca to c V H C M m 0) N C N T+ C E a :° EOto m N IL 4 c ° m :° � cc O m y ++ 3 C C .0 Y C 0 daodduiu: t��c 0 0 a EXHIBIT 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B INSURANCE SCHEDULE Nichols shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I I. Coverage and Limits Hazards Automobile Liability Bodily jury PropqM Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500 000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory E plovers' Liability $1 000 000 ner employer II. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liability $1,000,000 $2,000,000 $1,000,000 Professional Liability $2 000 000 $2,000,000 $2 000 000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: I. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy. 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or material reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by City. b. In addition to the above, the Consultant shall provide such further proof of insurance documentation as the City deems necessary. EXHIBIT "B' SUPPORTING DOCUMENTS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AGREEMENT FOR PROFESSIONAL CONSULTING SERVICES THIS AGREEMENT is made, entered into and executed in duplicate originals, either copy of which may be considered and used as the original hereof for all purposes, as of this !,Jfy)day of November, 2004, in the City of Vernon, County of Los Angeles, California BY AND BETWEEN THE CITY OF VERNON (hereinafter referred to as "City") 4305 Santa Fe Avenue Vernon, California 90058=0805 AND NICHOLS CONSULTING ENGINEERS, CHTD. (hereinafter referred to as "Nichols") 1101 Pacific Avenue, Suite 300 Santa Cruz, CA 95060 WHEREAS, the City's Department of Community Services & Water has determined that, in order to identify the most cost-effective strategies for performing street and road maintenance, it needs the services of a qualified consultant to develop a systematic method for the collection of data, the development of_a pavement inventory (street network segmentation), the creation of a database for maintaining records of street maintenance activities, the evaluation and rating of pavement conditions in a given area and the development of reasonable and practical maintenance and rehabilitation plans (hereinafter referred to as a "Pavement Management System" or "PMS"); and WHEREAS, City requested proposals from qualified consultants to develop, update, operate and implement a Pavement Management System using MTC Street Saver software developed by the Metropolitan Transportation Commission or MicroPaver software developed by the U.S. t 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Army Corps of Engineers; and WHEREAS, the Department of Community Services & Water received three bids in response to its request for proposals; and WHEREAS, Nichols submitted a proposal (hereinafter referred Ito as the "Proposal"), a copy of which is attached hereto as Exhibit A and incorporated by reference; and WHEREAS, City has reviewed the Proposal submitted by Nichols and found that Nichols's overall bid package was exceptionally comprehensive in terms of its experience in evaluating, implementing and updating pavement management systems for public agencies within California; and WHEREAS, Nichols is the prime consultant for the MTC Street Saver software in Southern California and represents -that it is qualified, properly licensed and capable of evaluating, implementing and updating a Pavement Management System that the City requires and is willing to do so on the terms and conditions set forth below; and WHEREAS, Nichols represents that it is qualified and capable of providing the products and services described in Exhibit A on the terms and conditions set forth below; and WHEREAS,- City has determined that Nichols has demonstrated ,that it has the requisite competency and professional qualifications to provide the services necessary for the development and implementation of a Pavement Management System and desires to engage Nichols for the services hereinafter described. NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS SET FORTH HEREIN: 1. SCOPE OF WORK. Nichols shall provide the services identified in this - 2 - l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Agreement at the time, place, and in the manner specified in the Proposal under the direction of City staff. Nichols's services shall include, but shall not be limited to the following tasks: Task A- Kickoff Meeting; Task B-Develop Pavement Inventory (Street Network Segmentation); Task C-Condition Surveys and Pavement Condition Index (PCI) Calculations and Quality Control/Quality Assurance Checks; Task D-Maintenance and Rehabilitation Treatment Decision Trees; Task E Budgetary Analyses and Final Report; Task F-Installation and Training on PMS software and database (includes MTC Street Saver software purchase); Task G-Executive Summary and Presentation; Task H-GIS Interface (linking PMS database with City's GIS database); and Task I - Technical Assistance (40 hours of on -call support via hotline calls or on -site support) to be billed on a time and materials basis. It is understood and agreed that in the event of a conflict between Nichols' Proposal and this Agreement, the terms of this Agreement shall prevail. Nichols agrees that all services provided will be conducted by its principal and, if staff members or subcontractors are used, their work will be under the supervision of the principal. Nichols shall undertake and carry on the work diligently to conclusion, using that standard of care, skill, and diligence normally provided by a professional person in the performance of such services. Nichols shall minimize changes to its key project personnel. City shall have the right to request key project personnel changes and to review and approve key project personnel changes proposed by Nichols. 2. TIME OF PERFORMANCE. Nichols' services shall commence upon the full execution of - 3 - I the Agreement, shall remain in force from the effective date, and shall 2 expire upon completion according to the Proposal and acceptance by the 3 City, unless terminated according to Section 10 of this Agreement, or 4 extended upon the written agreement of both parties to this Agreement. 5 Completion of the services to be performed by Nichols is expected to be 6 no later than June 30, 2005. 7 3. COMPENSATION. 8 A. Consulting Costs. 9 City shall pay Nichols for the actual costs (labor and other 10 direct costs) incurred by the Consultant in the performance of the work 11 under this Agreement, in an amount not to exceed Forty -Nine Thousand 12 Nine Hundred Dollars and No Cents ($49,900.00), tax included. Actual 13 costs shall not exceed the estimated wage rates and other costs set 14 forth in Nichols' Proposal. City shall compensate Nichols in the 15 manner and in the amounts specified in the cost schedule set forth in 16 the Proposal for Tasks A - I. If, at any time, Nichols estimates the 17 cost of performing the services described in Exhibit A will exceed the 18 budget for such services including approved additional compensation, 19 Nichols shall notify City immediately in writing indicating the 20 additional amount necessary to complete the service. Any costs 21 incurred by Nichols in excess of the aforesaid limitation without the 22 express written consent of City shall be at Nichols' own risk. 23 4. METHOD OF PAYMENT. 24 Nichols shall submit within thirty (30) days after the last 25 day of any month in which services have been performed or costs 26 incurred hereunder an invoice to City for payment. Invoices shall 27 contain an itemization of services rendered, directly related job 28 expenses and subcontractor charges incurred by Nichols for which 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 compensation is due, and an estimate of the percentage completed for each milestone or task. Nichols shall be responsible for paying any subcontractors used in the performance of this Agreement. Subcontractors shall not bill City directly. Payment of each invoice shall be made after acceptance and approval by City within thirty (30) days of receipt. City's approval of the invoice shall not be unreasonably withheld. 5. CHANGES AND EXTRA SERVICES. City reserves the right to request changes in the services to be performed by Nichols. All such changes shall be incorporated in written change orders executed by City and Nichols that shall specify the changes ordered and the adjustment of compensation and completion time required thereof. Any services added to the scope of this Agreement by a change order shall be executed under all applicable conditions of this Agreement. No claim for additional compensation or extension of time shall be recognized unless contained in a duly executed change order. 6. PRODUCTS OF CONSULTING. All products of consulting services including, but not limited to, manuals, documents and/or computer software, shall become the property of the City and shall be delivered to the City before the end of the performance of this Agreement. Basic notes and sketches, charts, computations and other data shall be made available to City without restriction or limitation on their use. 7. MAP, DRAWING AND PHOTOGRAPH QUALITY. Maps, drawings and photographs produced by Nichols and/or its subcontractors shall conform to the best standards of that profession. Information shall be organized in a logical and systematic manner. - 5 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Drawings shall contain as much information on a single drawing as can be done without impairing clarity and quality. 8. PROFESSIONAL ABILITY OF NICHOLS. City has relied upon the professional training and ability of Nichols to perform the services hereunder as a material inducement to enter into this Agreement. Nichols shall therefore provide properly skilled professional and technical personnel to perform all services under this Agreement. All work performed by Nichols under this Agreement shall be in accordance with applicable legal requirements and shall meet the standard of quality ordinarily to be expected of competent professionals in Nichols' field of expertise. 9. TERMINATION. This Agreement may be terminated by City without cause on ten (10) days written notice to Nichols. In the event of such termination by City, Nichols shall be entitled to only the compensation earned by it prior to the date of the termination notice, plus compensation for necessary work performed during the ten (10) day notice period and authorized in the termination notice. 10. NOTICES. Notices to the parties, unless otherwise requested in writing, shall be sent to: City: CITY OF VERNON ATTN: BRUCE V. MALKENHORST CITY ADMINISTRATOR 4305 SANTA FE AVENUE VERNON, CA 90058-0805 Nichols: NICHOLS CONSULTING ENGINEERS, CHTD. ATTN: MARGOT T. YAPP, P.E., VICE PRESIDENT 1101 PACIFIC AVENUE, SUITE 300 SANTA CRUZ, CA 95060 - 6 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 11. CONFIDENTIAL INFORMATION. A. Access to Confidential Information. City may provide Nichols and/or its subcontractor with, or allow Nichols access to, certain information deemed relevant by City, not available to the public concerning City, or businesses located in City. The information may include company information, taxes, sales, value of assets, utility usage or other such information. All such information shall be known as "Confidential Information" and shall not be used to circumvent the responsibility of either party to this Agreement. B. No Disclosure. Except as expressly permitted, Nichols and/or its subcontractor shall not disclose, permit the disclosure of, release, disseminate, or transfer, whether orally or by any other means, any part of such Confidential Information to any other person or entity, whether corporate, governmental, or individual, without the express prior written consent of an authorized representative of City. Nichols and/or its subcontractor shall return any and all written Confidential Information and all copies made of such items to City upon City's written request, but in any event not later than the date that Nichols has performed all services to be performed pursuant to this Agreement. However, Nichols may retain one copy of the Confidential Information for its legal records. Nichols hereby agrees that such Confidential Information and any documents provided may be used by Nichols and/or its subcontractor only as authorized by City. Nichols' contracts with subcontractors shall include provisions that bind the subcontractors to this non -disclosure requirement. Nichols shall take reasonable measures to avoid any disclosure of any such Confidential Information to any unauthorized person. - 7 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Court Ordered Disclosure. Nichols shall immediately notify the City of any court order or subpoena or other directive of a court, administrative agency, quasi-judicial body or arbitration panel requiring disclosure of Confidential Information, and shall cooperate with legal counsel in the appeal or challenge of any such order or subpoena and City shall reimburse Nichols for such assistance on a time and materials basis. Nichols may only disclose Confidential Information required to be disclosed pursuant to a valid court order or subpoena after legal counsel has exhausted any lawful and timely appeal or challenge, to the extent that such appeal or challenge does not hinder Nichols from its obligations under such court order or subpoena. D. Remedies. In addition to any other remedies that it may have at law or in equity, City shall be entitled to a temporary and permanent injunction by a court of competent jurisdiction against any breach or threatened breach of the Confidential Information provisions of this Agreement. Nichols acknowledges that in case of such breach or threatened breach of said provisions, City would have no adequate (remedy at law. 12. GENERAL PROVISIONS. A. Independent Contractor. At all times during the term of this Agreement, Nichols shall be an independent contractor and shall not be an employee of City. City shall have the right to control' Nichols only insofar as the results of Nichols's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Nichols accomplishes services rendered pursuant to the Agreement except to the extent that such services involve the use of City property or Confidential Information. B. Consultant Not Agent. Except as City may specify in - 8 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 writing, Nichols shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Nichols shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever. C. Indemnification. To the extent permitted by law, Nichols agrees to indemnify, protect, defend, and hold harmless the City, its City Council, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including all costs and reasonable attorney's fees in providing a defense to any claim, arising from Nichols' negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the performance of the services by Nichols, its agents, subcontractors and/or assigns under this Agreement. D. Insurance. Prior to commencing work hereunder, Nichols shall provide City with proof of insurance providing and maintaining the coverage and endorsements set forth in the Insurance Schedule attached hereto.as Exhibit B and incorporated by reference. Said proof of insurance shall also provide that said policy or policies shall not be canceled or materially reduced in coverage without giving at least thirty (30) days prior written notice to City. Nichols shall not permit a subcontractor or vendor to perform work on City premises unless and until a certificate of insurance is obtained showing that such subcontractor or vendor has worker's compensation coverage. If Nichols employs subcontractors as part of the services rendered, Nichols's protective coverage is required. Nichols may include all subcontractors as insureds under) its own policy or shall furnish separate insurance for each subcontractor, meeting the requirements set forth herein. 1 2 3 4' 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. Governing Law. The validity, interpretation and performance of this Agreement shall be controlled and construed under 'the laws of the State of California. F. Assignment and Subcontracting Prohibited. Nichols may not assign or subcontract any right or obligation pursuant to this Agreement except with the express written consent of City. Any other attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. G. Amendments. This Agreement may be modified or amended only by a written document executed by both Nichols and City (and approved as to form by the City Attorney. H. Entire Agreement. This Agreement constitutes the complete and final expression of the agreement of the parties and is intended as a complete and exclusive statement of the terms of their agreements and supersedes all prior and contemporaneous offers, 1promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. All exhibits are incorporated by reference. Nichols represents that in entering into this Agreement, it has not relied on any previous representations or understandings of any kind or nature. I. Benefit of Agreement. This Agreement shall bind and benefit the parties hereto and their heirs, successors, and permitted assigns. This Agreement shall not create any rights or benefits to parties other than City or Nichols. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either the City or Nichols. No third -party shall have the right to rely on Nichols' opinion rendered in connection with Nichols' services without Nichols' - 10 - 1 2 3 4 1� 7 8' 9 10 11 12 13 14 15 16 17` 18 19 20 21 22 23 24 25 26 27 28 written consent and the third-party's agreement to be bound to the same terms and conditions as City.. J. Forum Selection. Any action brought relating to this Agreement shall be brought and held exclusively in a State Court in the County of Los Angeles, California. K. Recitals. All recitals are incorporated by reference. L. Waiver. Any waiver at any time by either party of its rights with respect to a default under this Agreement, or with respect to any other matters arising in connection with this Agreement, shall not be deemed a waiver with respect to subsequent default or other matter. M. Force Majeure. Neither party shall be considered to be in default in any of its obligations under this Agreement when a failure of performance shall be due to an uncontrollable force. The terms "uncontrollable force- shall mean any cause beyond the control of the party affected, including, but not limited to, flood, earthquake, storm, fire, lightening, epidemic, war, riot, civil disturbance or disobedience, labor dispute, labor material shortage, sabotage, federal, state, or municipal action, statute, ordinance, or regulation, embargoes or the United States Government or any other government, which by exercise of due diligence such party could not reasonably have been expected to avoid and by exercise of due diligence has been unable to overcome. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force, shall give written notice within five (5) business days of such fact to the other party and shall exercise due diligence to remove such inability with all reasonable dispatch. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 N. Warranty. Nichols warrants that the services to be rendered pursuant to this Agreement shall be performed in accordance with the standards customarily provided by an experienced and competent professional organization rendering the same or similar services. O. Attorney's Fees. In the event that it becomes necessary for either party to this Agreement to enforce any of the provisions of this Agreement, the parties agree that a court of competent jurisdiction may determine and fix reasonable attorney's fees to be paid to the successful litigant. P. Nichols agrees to provide City with technical support in the implementation and use of any and all software programs or databases developed for City as part of the Proposal. Nichols also agrees to assist City in determining the appropriate hardware and software needed to integrate their products into City's existing 1equipment. Q. Patent or Copyright Infringement. Nichols shall indemnify, defend, protect and hold City and its officers, agents and employees, free and harmless from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, orders, judgments, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense, based upon a claim that any software program or other product used or furnished by Nichols in the performance of this Agreement constitutes an infringement of any United States patent or copyright. R. Partial Invalidity. Wherever possible, each provision hereof will be interpreted in such manner as to be effective and valid under applicable law, but in case any one or more of the - 12 - 1 provisions contained herein will, for any reason, be held to be 2 invalid, illegal or unenforceable in any respect, such provision will 3 be ineffective to the extent, but only to the extent, of such 4 invalidity, illegality or unenforceability without invalidating the 5 remainder of such invalid, illegal or unenforceable provision or 6 provisions or any other provision hereof, unless such a construction 7 would be unreasonable or contrary to the intent of the parties as 8 expressed in this Agreement. 9 S. Time of the Essence. Time is of the essence in the 10 performance of this Agreement and of each and every provision hereof. 11 The waiver by the City of any breach or breaches hereof shall not be 12 deemed, nor shall the same constitute, a waiver of any subsequent 13 breach or breaches. 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by and through their authorized officers on the date, month and year first written above. ATTEST: BRUCE V. MALKENHORST, City Clerk APPROVED AS FORM: ERIC T. FREIU,H, City Attorney CITY OF VERNON By: LJ ONIS C. MALB G, Ma r NICHOLS CONSULTING ENGINEERS, CHTD. By: Title: " By: Title: 14 - Nichols Consulting Engineers, Chtd. Civil and Pavement Engineering 1101 Pacific Ave- Suite 300 Santa C m CA 95M 831.469.4823 831.469.4589 fax Proposal for City of Vernon Pavement Management Program implementation subnAw to. - City of Vernon Deparbmrd of Community Services and Water 4305 Santa Fe Avenue Vernon, CA 90058 13 04.30.06 Nichols Consulting Engineers, (htd. Pavement & Materials Engineering February 10, 2004 File: 04.30.06 RECEIVED IJAN I 12004 Collin' unity `%rvice., Mr. Sherwood Natsuhara, Deputy Director Department of Community Services & Water City of Vernon 4305 Santa Fe Avenue Vernon, CA 90058 Subject: Proposal to Implement a Pavement Management System (PMS) Dear Mr. Natsuhara: Thank you for inviting Nichols Consulting Engineers, Chtd. (NCE) to submit this proposal for the subject project, which is valid for ninety (90) days for the date of this letter. We are enthusiastic about this project and believe that you will find NCE to be the most qualified firm to work for the City. NCE has an extensive track record of evaluating, implementing and updating pavement management systems for many public agencies throughout California and the nation. NCE is a nationally recognized pavement specialty firm with broad capabilities and expertise in the areas of pavement and asset management systems, pavement analysis and design, civil engineering, environmental services, construction management, transportation research and training. For this project, NCE offers the City of Vernon the following: ■ Extensive experience implementing and updating pavement management systems. NCE has worked with more than 75 local agencies in California, and more than 100. nationwide on similar projects. ■ Expertise in pavement engineering, which will assist Vernon with identifying practical, cost- effective solutions for street maintenance and rehabilitation as part of the budget analyses. ■ Familiarity with local conditions. Recently, NCE has successfully completed PMS projects for the Cities of La Habra, Tustin, Irwindale, Fullerton, Torrance, Vista, Santee, Lake Forest, Corona, Seal Beach, Malibu and Mission Viejo. • National expertise in PMS and emerging pavement technology that will be leveraged to the City's advantage. ■ A project team interested in maintaining an ongoing relationship with the City of Vernon. NCE's proposed project team has both depth and breadth. We will have two senior managers, myself as Project Manager and Mr. Lary Perlin as QC/QA Manager, each with over 17 years of experience working on PMS projects. They will be supported by experienced in-house engineering and technical staff who have worked together numerous times before on similar projects. 1101 Pacific Avenue, Ste 300 Santa Cruz. (A 95060 831A69.4823 831.469.4S89 fax { Mr. Sherwood Natsuhara 02/10/04 Page 2 of 2 We are confident that we have assembled a highly qualified project team for the City's Pavement Management System project. Should you have any additional questions about our proposal, please call me directly at (831) 469-4823. NCE is excited about this opportunity to work with you on this project, and we look forward to hearing from you soon. Sincerely, NICHOLS CONSULTING ENGINEERS, Chtd. Margot T. Yapp, P.E. Vice President Enclosures: 4 copies of Technical Proposal with Exhibit 1 copy of Fee Proposal (in separate sealed envelope) Nichols (onsulting Engineers, Md. Pavement 6 Materials Engineering Qualifications & Experience Nichols Consulting Engineers, Chtd. ORGANIZATION Nichols Consulting Engineers, Chtd. (NCE) is a full service civil engineering and environmental services company offering turnkey solutions to transportation projects with a specialty in pavement engineering. From research projects with the Federal Highway Administration, to cost-effective engineering design applications for airports, highways, streets, and harbors, NCE's service is custom-tailored to respond to the needs of public agencies. CORPORATE PROFILE Founded in 1990 by James Nichols, the company commenced operations as the Western Region Coordination Contractor for the Strategic Highway Research Program. The firm has expanded and currently offers a full range of civil engineering and environmental services to a wide variety of federal, state, local government and industrial clients. NCE links state-of-the-art research to the standard of practice in civil design, environmental services, construction, and management. STAFF NCE staff has a wealth of experience working on all types of transportation infrastructure projects, including highways, airports, intermodal transfer facilities, mining haul roads, leach pads, city streets, and parking lots. NCE has a staff of over fifty people, half of whom are engineers. Our staff benefits from continuous training in the latest design and construction techniques. We not only do we routinely participate in such training, but we also instruct others throughout the engineering community. PAVEMENT MANAGEMENT SERVICES Street (pavement) networks are often the most valuable assets that many agencies possess. These assets are not only expensive to maintain and repair, but comprise an essential component of the state, county or city's economic health. Because pavement maintenance and rehabilitation costs are rising faster than most agencies budgets, it is essential to find more cost- effective ways to perform maintenance and rehabilitation activities. Pavement management systems assist agency staff with making intelligent decisions about the expenditure of maintenance and rehabilitation funds by identifying the most cost-effective strategies for performing street and road maintenance. NCE has developed a staff of experienced pavement management specialists to help agencies implement, update and operate pavement management systems, and to develop reasonable and practical maintenance and rehabilitation plans. NCE can provide its clients with the following Pavement Management Services: • Preparation of grant applications • Implementation planning Nichols Consulting Engineers, Chid. Page 1 NCE has assembled a team of uniquely qualified and experienced staff who has successfully completed pavement management program projects all over the United States. The following paragraphs are resume summaries for each of the proposed key project team members. NCE is proposing Ms. Margot T. Yapp, P.E., as the Project Manager on this project. Her in- depth knowledge of Pavement Management Systems will ensure the successful completion of the project. Ms. Yapp has over 17 years experience successfully implementing Pavement Management Systems and training local agency staff to use these systems. Her ability to effectively work with public agency staff and with elected officials is extremely helpful in building support for pavement management program activities. She has implemented numerous Pavement Management Programs for airports, cities, and counties throughout California, Oregon, Nevada, Hawaii and Texas. Ms. Yapp has been Project Manager for the implementation of Pavement Management Programs for over 75 city (Tustin, Torrance, Fullerton, La Habra, Corona, Modesto, Hayward), county (Marin, San Bernardino, and Monterey) and federal (USFS, Presidio of San Francisco, Barbers Point NAS) agencies. These projects included the use of software such as the MTC PMS and MicroPAVER as well as others that were custom -developed for clients with special needs. She has been involved in all aspects of PMP implementation, from collecting field data, performing condition surveys; performing analyses, preparing reports, presenting results to policy makers (City Councils), as well as training and managing projects. Ms. Yapp is also Principle Instructor for the Federal Highway Administration's training courses on Pavement Management Systems, which has been taught in more than 20 states across the U.S. She has also instructed classes on PMS for Local Decision Makers for Caltrans and regional government agencies. Mr. Larry L Perlin, P.E., will be responsible for Project QC/QA. Mr. Perlin, has over 18 years experience working for local government in California and has been responsible for Pavement Management System implementations and updates in several California cities, as well as the successful development and implementation of multi -year, multi -million dollar street maintenance and rehabilitation programs. He has served as Director of Public Works/City Engineer for the Cities of Capitola and Saratoga, and most recently, for the Town of Los Gatos. Additionally, he served as City Manager for the City of Saratoga from 1997 to 2000. His extensive background in, municipal government is particularly beneficial in terms of understanding and meeting the needs of NCE's public sector clients. Mr. Liqun Ke, P.E., will serve as Senior Engineer on this project. Mr. Ke has 9 years of experience implementing Pavement Management Programs and performing pavement engineering and design. Currently, he serves as Project Engineer providing data analysis for the following PMP implementations and updates: Cities of Tustin, Torrance, San Marino, La Habra, Mission Viejo, San Mateo, San Ramon, Santa Cruz, Fremont and the Counties of Riverside, Marin and Stanislaus. He is very familiar with PMP software and database installation and training of City staff. Nichols Consulting Engineers, Chid. Page 3 PROJECT EXPERIENCE The following maps show the jurisdictions where NCE has provided pavement management services, including software evaluations, implementations, distress surveys, updates, and training over the past five years. Northern California 1 sw,nyvale --k-Wan Jose Atwater° , Cupertno 140 Y 4 } °Las Gstos 165 e „® t l 17 4M6fg�1 hEi�� SantuisDam+ 152 2 - oAptos Santa*33 Cru.YVatsonvile® boy o_ . 129..i \ .yy pp o oluster 4ti ��h M 0!llL1'L'�YDi�� 156 ®p inas � O A - tere o Seaside 2 lot �� soledaa_. Nichols Consulting Engineers, Chtd. Page 4 Southern California Nichols Consulting Engineers, Chtd. Pe a A more complete list of agencies for which NCE has completed or has on -going Pavement Management System projects is provided below. 0 Alaska DOT ❑ Montana DOT ❑ Alameda ❑ Monte Sereno 0 Albany ❑ Monterey ❑ Alberta, Canada ❑ Morgan Hill 0 Antioch 0 Mountain View ❑ Arizona DOT 0 Northern Territories, Canada 0 Auburn, WA ❑ Nevada DOT 0 Belmont ❑ Newark ❑ Berkeley ❑ Newman 0 Bishop ❑ Oakdale ❑ Bothell, WA ❑ Oakland ❑ Brentwood 0 Oregon DOT 0 British Columbia, Canada ❑ Orinda 0 Caltrans 0 Palm Springs 0 Campbell ❑ Pack Grove 0 Capitola 0 Patterson ❑ Carmel -by -the -Sea ❑ Pebble Beach 0 Ceres 0 Polk County, FL 0 Citrus Heights 0 Port Angeles, WA 0 Colorado DOT 0 Portola Valley ❑ Corona ❑ Pt. Arena 0 County of Marin 0 Rancho Mirage ❑ County of Mendocino ❑ Redmond, WA ❑ County of Mono 0 Redwood City 0 County of San Mateo 0 Renorrahoe Intl Airport ❑ County of Santa Cruz ❑ Riverbank 0 County of Santa Barbara ❑ Salinas ❑ County of Lassen 0 San Francisco ❑ County of Mono ❑ San Francisco Int'I Airport 0 Daly City 0 San Jose ❑ Danville ❑ San Marino ❑ Des Moines, WA ❑ San Mateo 0 Dinuba 0 San Ramon 0 EEC Grove 0 Santa Ana ❑ Emeryville ❑ Santa Cruz 0 Fairfield 0 Santee 0 Foster City ❑ Scotts Valley 0 Fremont ❑ Seaside ❑ Fresno 0 Seattle, WA ❑ Fullerton ❑ Stanislaus County 0 Gilroy ❑ Stockton ❑ Hawaii DOT 0 Texas DOT 0 Hayward ❑ Torrance 0 Hillsborough OTracy ❑ Hollister ❑ Tumwater, WA 0 Hughson ❑ Turlock ❑ Idaho DOT ❑ Ukiah 0 Irwindale 0 University of Washington ❑ John Wayne Airport 0 US Forest Service Regions 1, 5 and 6 ❑ King County, WA ❑ Utah DOT 0 Kirkland, WA ❑ Vancouver, WA ❑ Lafayette ❑ Vermont ❑ Livermore 0 Vista ❑ Lompoc 0 Washington State DOT ❑ Los Gatos ❑ Waterford ❑ Mammoth Lakes 0 Watsonville 0 Metropolitan Transportation Commission ❑ West Covina 0 Millbrae ❑ West Hollywood ❑ Milpitas ❑ Willits 0 Mission Viejo ❑ Wyoming DOT 0 Modesto ❑ Moffett Field/NASA Nichols Consulting Engineers, Chtd. Page 6 Project Descriptions/References The following are descriptions of representative Pavement Management System projects recently completed by NCE. Please feel free to use this information as NCE references as well. NCE is very proud of our excellent reputation and willingness to go the extra mile in responding to the needs of our clients. We look forward to providing the City of Vernon with the same level of superior service on this project. Torrance Pavement Management Program 2003 Client: City of Torrance Contact: Mr. Steve Finton Address: 3034 Torrance Blvd Torrance, CA 90503. Phone: (310) 618-2820 NCE was requested by the City of Torrance to evaluate and select a PMP, and then to implement it on the city's arterial network. The City asked NCE to identify the needs of the pavement network, establish cost effective priorities for making improvements, and develop a long-range program for use in planning, implementing, coordinating and budgeting the street maintenance and rehabilitation program. As part of the implementation, NCE performed the following tasks: • Evaluated and selected PMP software • Condition surveys using the Data Wrangler which is a PDA (personal data assistant) • Calculated a Pavement Condition Index (PCI) • Updated maintenance and rehabilitation (M&R) strategies and life cycle costs • Determined the budget needs of the road network • Ran what -if budget scenarios NCE is currently working with the City to provide these services. NCE was asked to survey all arterial and collector streets for this portion of the project. In addition to the tasks bulleted above, NCE is also providing training and technical assistance and prepared an executive summary report. City of Corona MicroPAVER PMP Implementation Client Name: City of Corona Contact Name: Mr. Ed Delano, Assistant Civil Engineer Address: 815 West Sixth Street Corona, CA 91720 Phone: (909) 279-3518 NCE implemented a Pavement Management Program (PMP) for the City of Corona using the MicroPAVER PMP. Approximately 3100 roadway sections were entered into the database. As part of the implementation, NCE performed the following tasks: Nichols Consulting Engineers, Chtd. Page 7 • Sectionalized the road network • Verified roadway inventory • Performed condition surveys • Calculated a Pavement Condition Index (PCI) • Determined the budget needs of the road network • Performed what -if budget scenarios • Provided PMP data formatted for the existing ArcView GIS system • Trained City staff on all aspects of the PMP NCE continues to maintain an annual on -call contract to perform PMP updates on. a regular basis. City of Vista Micro PAVER PMS Update 2001 & 2003 Client Name: City of Vista Contact Name: Mr. Dan York City Engineer Address: Department of Public Works 600 Eucalyptus Ave. Vista, CA 92805 Phone: (760) 726-1340 NCE was selected by the City of Vista to update their Micro PAVER database. The work included completing a survey for 50% of the arterials and 25% of the residential streets, entering work history into the database, general data entry and QC/QA. NCE also provided the City of Vista with training for City staff and on -call system support. County of Santa Barbara Micro PAVER PMS Update 2000 Client Name: Contact Name: Address: Phone: County of Santa Barbara Mr. W.H. "Bill"Vachon Department of Public Works 123 Anapamu Street Santa Barbara, CA 93101 (805) 568-3033 NCE contracted with the County of Santa Barbara to re -survey over 1300 centerline miles of County's roadway network. The surveys collected data on both asphalt concrete and Portland cement concrete pavements using Micro PAVER condition procedures. NCE entered all information into the County's database, performed QA/QC checks, and completed the project by performing the PCI calculations, and generating custom reports for CIP planning and implementation for the next five years. Nichols Consulting Engineers, Chid. Page 8 City of Lompoc Micro PAVER PMS Update Client Name: City of Lompoc Contact Name: Ms. Marlene Demery, P.E. Community Services Director Address: 100 Civic Center Plaza P.O. Box 8001 Lompoc, CA 93438-8001 Phone: (805) 875-8227 As an addition to the County of Santa Barbara's implementation, NCE was also asked by the City of Lompoc, which is in Santa Barbara County, to complete a re -survey of the City's 180 centerline miles of roadway network. The City of Lompoc recently converted its Carter PMS database into Micro PAVER 4.2. NCE worked with the City to make needed modifications to the database. NCE also prepared reports and budgets for the City's Capital Improvement Program. NCE also provided training in addition to the re -survey. City of La Habra Pavement Management Program - 2001 and 2003 Client Name: Contact Name: Address: Phone: City of La Habra Mr. Chafik Mouradi Engineering Department 201 E. La Habra Blvd. La Habra, CA 90631 (562) 905-9720 The City of La Habra contracted with NCE in 2001 to update the City's Pavement Management Program using the MTC PMP. The City also requested that the following tasks be implemented for this contract: update the link to the City's GIS, perform pavement condition surveys, adjust segmentation of the City's street network as needed, prepare and submit the required reports on the City's PMP to OCTA, update the Maintenance & Rehabilitation decision trees, and train City maintenance personnel to perform condition surveys and update the PMP database. The City of La Habra's street network consists of 115 centerline miles. NCE surveyed the entire network using the "Data Wrangler" device developed by NCE. The "Data Wrangler" is a Pocket PC, programmed to allow NCE field technicians to enter pavement condition survey data as it is collected. This essentially eliminates the need to perform manual data entry thus resulting in a significant amount of time saved and a lower probability for errors. NCE reviewed and updated the M&R decision trees and then calculated budget needs and performed several budget scenarios. The budget analysis was summarized in an executive summary report that was presented to the City Council in PowerPoint format. NCE also provided computer software training at the City offices for several public works employees. The topics covered during the training ranged from adding management sections to the database to using the PMP to assist in developing a seven-year Capital Improvement Program. NCE is currently in the process of updating the City of La Habra's MTC PMP database for 2004 in order to certify the city for OCTA's Measure M funds. Nichols Consulting Engineers, Chtd. Page 9 City of Tustin Pavement Management Program Implementation 2003 Client Name: City of Tustin Contact Name: Mr. Benny Tenkean Address: 300 Centennial Way Tustin, CA 92780-3715 Phone: (714) 573-3161 NCE was asked to implement a pavement management program for the City of Tustin using MicroPaver. The City has approximately 96 centerline miles of streets. As part of the implementation, NCE performed the following tasks: • Condition surveys using one person crew (approximately 774 sample units were surveyed) • Calculated a Pavement Condition Index (PCI) • Updated maintenance and rehabilitation (M&R) strategies and life cycle costs • Determined the budget needs of the road network • Ran what -if budget scenarios • Prepared 5-year work program • Prepared CADD maps illustrating the recommended work program • Database installation and training • Technical assistance as needed County of Riverside PMS Hotline Support Client Name: County of Riverside Contact Name: Ms. Grace Johnson Address: P.O. Box 1605, Riverside, CA 92502- Phone: (909) 275-6817 In this project, NCE provides hotline support to the County on all aspects of the PMS used by the County. This includes assisting the county with training, performing budgetary analyses, preparing reports, general trouble -shooting, performing database upgrades, and software installations on networks. Nichols Consulting Engineers, Chid. Page 10 Work Plan Project Understanding It is NCE's understanding that the City of Vernon desires to implement a Pavement Management System (PMS) using either the Metropolitan Transportation Commission's (MTC- PMS) software or MicroPAVER PMS software. In either case, NCE is uniquely qualified to support the City on this project because of our broad experience with setting up and maintaining Pavement Management Systems for cities and counties throughout California using both software packages. From our understanding of the City's objectives for this project, and based on a preliminary field review of a portion of the City's street network, we have developed this proposal assuming use of the MTC-PMS since we believe this program is better suited to the City's needs and available resources resulting in a cost-effective application for the City over time. It is our understanding that the goals for this project are to: • Develop a complete inventory of the City's street (pavement) network • Create a database for mairitaining records of street maintenance activities (past and future) • Assess current pavement conditions • Define pavement maintenance and rehabilitation (M&R) treatment practices and unit costs • Determine M&R budget needs and priorities for a given period of time • Evaluate the impacts of alternative funding scenarios on the overall pavement network • Provide training to City staff on the use of the PMS software and on distress data collection In addition, we have proposed three Optional Tasks in our proposal as follows: • Present findings to City Council and/or senior City staff (Optional) • Develop a link between the PMS and the City's GIS (Optional) • Provide on -call technical support to City staff (Optional) In order to accomplish the above goals, NCE proposes a series of work tasks as described below. Task A. Kickoff Meeting NCE will first meet with City of Vernon staff to kickoff the project. At the kickoff meeting, NCE will review the technical approach to our work, and address any administrative issues as may be necessary. Specific items to be discussed will include: • Scope of work • Project schedule • Project budget • Points of contacts • Roles and responsibilities of project personnel • Job safety • Records to be provided by City • Street lengths, construction dates, Functional Classifications, etc. • Historical maintenance and rehabilitation records Nichols Consulting Engineers, Chid. Page 11 • Cost information for M&R treatments (e.g. recent bid tabs) Existing maps Task B. Develop the City's Pavement Inventory (Street Network Segmentation) From the records furnished by the City, and based on discussions with City staff, NCE will divide the street network into sections based on standard PMS criteria. Surface type changes, functional classification changes and other PMS criteria such as construction history, pavement structural section properties and unique physical characteristics (e.g. median divided streets, cross -sectional changes, etc.), will be evaluated to determine the most appropriate manner in which to establish the individual pavement sections that comprise the entire street network. Typically, the sections will be separated into the three standard functional classifications of streets - arterials, collectors and residentials, and each street will be divided into appropriate manageable sections. At a minimum, the attributes of each section that will need to be inventoried will include: name, begin location, end location, length, width, surface type, number of lanes and age. It is assumed that roughly 350 sections (based on approximately 50 centerline miles of streets) will need to be inventoried. After the street network is segmented, the above attributes for each section will be verified in the field by driving the entire network and using a distance measuring instrument, (DMI) if necessary. (Note — The measurement of lengths may not be necessary if the City provides accurate street lengths in advance). NCE will then enter all of the street section data into the PMS database. The data will receive quality control checks to insure that it is complete and accurate. Once the data entry is complete, reports will be prepared and printed for the City's review and approval. As an Optional Task, the populated PMS database can then be linked to the City's GIS database if desired (see Optional Task H for more details). All of the information collected in this Task or calculated in Tasks C — E, can be viewed in a GIS interface. If the City is interested in GIS Linkage, NCE will be available to discuss more specific details at a later time. Task C. Condition Surveys & PCI Calculations NCE will next perform pavement condition surveys of the City's entire pavement network. Because of the predominantly industrial nature of Vernon, the City has a pavement network that is subjected to high volumes of traffic and heavy vehicular loads from the surrounding areas. The pavement distresses that are present are reflective of these traffic conditions, as well as the local environment and climate. These distresses include alligator cracking, rutting, distortions, patches and utility cuts as well as weathering and raveling. The distress types to be documented during the pavement condition surveys include: For Asphalt Concrete Pavement Alligator Cracking Longitudinal Cracking Transverse Cracking Weathering and Raveling Rutting Utility Cuts and Patches Distortions and Depressions Nichols Consulting Engineers, Chtd. For Portland Cement Concrete Pavement Comer Breaks Divided (Shattered) Slabs Faulting Linear Cracking Patching & Utility Cuts Scaling/Map Cracking/Crazing Spalling Page 12 Typically, approximately one sample unit will be inspected for each 1,000 lineal feet of roadway. Any variation from the established procedures will be to accommodate unique local conditions and will be reviewed with City staff. Any areas that do not appear typical of the entire section will be inspected and recorded as a special sample unit. NCE typically uses a one -person crew to perform the condition surveys, except for high speed and high volume arterial streets. In these cases, a two -person crew is used. The distress data will be recorded in the field using a PDA or handheld device similar to that shown below that was specifically developed for this purpose by NCE. This device allows us to significantly reduce the amount time needed for subsequent data entry, thereby lowering costs to the City, and provides for more stringent quality control. Nichols Consulting Engineers, Chtd. Page 13 NCE DATA WRANGLER • Mobile Handheld Device • Records Inspection Units • Collects Data in Less Time • Eliminates Manual Data Entry • Eliminates Use of Paper Forms • Improves Quality Control • Capable of Full and/or Partial Data Extraction Sec AP/ Y. 010, AP9M AYEkqwctlan lkYts OY7YDe SewarllY QLY at II) ADAMAV Section ID at Name AP4M AVE Lspeotlon Lkt O of Location SQLJBMEL SIC --- 1EN ND 0W.r�ses M %ad.1 Location RaRHWY Pie © Wkkh th 2165 Wklth zl Laigth !OD Area ® 1 Lay 1as Gpdaq #"oh B50 1 AAiVator. 6addrq__-L-Low 12� Ka ®Functional © W4RtindDegesion ..I-LoN._..._..._. NCE will be responsible for providing all labor and equipment necessary for the performance of this Task. Should City staff wish to observe NCE's crews during the condition surveys, we will be more than happy to accommodate such a request. All information collected from the condition surveys will then be downloaded into the PMS database. This Task will be performed at NCE's office in order to provide quality control of all data. entered into the system. NCE will then perform the pavement condition index (PCI) calculations using the pavement management system software, and correct any errors found. The PCI may then be used to develop pavement performance models and in the budgetary analyses. Quality Control/Quality Assurance The condition survey data will receive random quality control checks to insure that it is complete and accurate. QC/QA checks are critical on a project such as this when the amount of data collected is so vast. As part of NCE's goal to provide a superior work product for our clients, we incorporate a quality assurance/quality control component in all of our projects. For this project, we have proposed the inclusion of a QC/QA Manager, Mr. Larry Perlin, to provide the requisite quality oversight. As QC/QA Manager, Mr. Perlin will have the following responsibilities: • Calibration of all data collection activities. • Review of field activities, including spot checks of the field crews. Nichols Consulting Engineers, Chtd. Page 14 • Review of field procedures and authority to order changes if needed. • Comparison of field data collected with on -site conditions. • Review of all data entry functions, including random spot checks. • Review of reports generated and analyses performed to ensure accuracy and thoroughness. Task D. Maintenance & Rehabilitation (M&R) Treatment Decision Trees Upon completion of all data collection activities, NCE will review maintenance and rehabilitation (M&R) strategies with City staff. This will include the selection of appropriate treatments, such as chip seals or overlays, and the determination of treatment unit costs. This will also be an appropriate time to review the use of new treatments or materials, such as rubberized asphalt, rubberized chip seals, or Bonded Wearing Courses. NCE's expertise in pavement analysis and design, as well as our knowledge of local conditions, allow our engineers to provide the City with solutions that are practical and economical. The M&R Decision Trees are used to determine the most effective treatments for each street section based upon its condition, pavement type, and functional class. Once the M&R treatment alternatives are defined, a treatment unit cost will be determined for each alternative. These alternatives and costs will then be entered into the PMS database for budgetary analyses. All modifications will be noted and summarized in a report to the.City. Task E. Budgetary Analyses & Final Report In this Task, we will perform all budgetary analyses including Budget Needs and Budget Scenarios, and prepare a final report for the City of Vernon. Budget Needs NCE will perform a multi -year Budget Needs analysis to identify M&R requirements for each street section and to determine the total maintenance and rehabilitation requirements for the analysis period. The Needs Analysis will identify street sections that need treatment and will apply the M&R Decision Trees to each section. Typically, a five-year analysis is performed, but this will first be discussed with City staff. This Budget Needs analysis forms the basis for the Budget Scenarios, or "What if module that optimizes the pavement sections for treatment under constrained budget scenarios. Budget Scenarios NCE will perform up to three (3) Budget Scenario runs for the City, based on input from City staff. The impact analyses performed will be determined based on input from City staff. We will also provide recommendations concerning funding scenarios and selected road sections for rehabilitation. The reports from this module are frequently used to form the basis for a Capital Improvement Plan, as well as for generating maintenance work plans. Upon completion of this Task, NCE will provide a draft report to the City of Vernon summarizing all results. This draft report will include the following: • Background and description of the Pavement Management System. • Inventory reports for the entire street network, including a network valuation. Nichols Consulting Engineers, Chid. Page 15 • Condition reports detailing the overall condition of the street network. • M&R reports detailing descriptions of recommended treatments. • Remaining service life of street network. • Budget Needs. • Budget Scenarios • Impacts of different funding scenarios on pavement condition and deferred maintenance (backlog). • A prioritized list of streets for a multi -year work -plan. • Projected future pavement conditions. A meeting will be held with City staff to review and discuss the draft report. After all comments have been received from the City, NCE's final report will be prepared and submitted to the City. Task F. Installation & Training Upon completion of the above tasks, NCE will install the PMS software and database on a City computer. Staff training can then also be provided. Our recommendation for training is to include at least 1 day of hands-on computer training, and up to 2-3 days for field (condition survey) training. It is anticipated that up to 5 City staff will be included in both aspects of the training. The computer training will occur at the City offices on computers provided by the City (typically 1 computer for every 2 staff). For the field training, we strongly recommend that the City commit each staff member to receive the training to 2-3 days with our field technicians. In essence, they will become part of the data collection crew, rather than just an observer, which we have found to be the most effective means for teaching and learning. Task G. Executive Summary and Presentations (Optional Task) NCE can also prepare an Executive Summary as well as a presentation for City Council or senior City staff. The Executive Summary will focus on the budgetary analyses performed. It is a short, roughly 15-page, summary of the project, and can be considered as a "State of the Streets" report. We have included a sample Executive Summary with this Proposal as additional information for the City's review. The presentation to Council is similarly short. Typically, since the audience is non -technical, graphs are used to illustrate the results, and more importantly, the consequences of any decisions made about PMS funding. Depending on the City's needs, NCE can prepare either 10-15 minute formal presentations for Council, or more detailed, one -hour long, presentations to City staff. Task H. GIS Interface (Optional Task) NCE will work with the City's GIS staff to link the PMS database with the City's GIS database. Maps can then be generated to show the condition of each pavement section, show which segments need repair and when, as well as virtually any other PMS information contained in the database. Please refer to the GIS maps in the "Supportive Information" section for screen Nichols Consulting Engineers, Chtd. Page 16 captures of what GIS maps look like. Typically, when linking the PMS to a GIS, NCE follows these steps: 1. Link the GIS segments to the PMS segments. Once the linkage has been made, any attributes linked to the PMS database will be available on the GIS. 2. NCE will meet with the City to review the City's needs and then develop custom queries. In addition, a custom user interface will be developed to aid City staff in accessing the GIS in the future. Typical queries include: • Street conditions (as measured by PCI) both present and future • M&R historical information • Projected treatments (types and dates) 3. NCE will install the PMS/GIS link on -site on a stand-alone computer and provide training to City staff on the operation of the PMS/GIS interface, as well as how to link new streets in the future. If the City requires that the system be installed on the network, then additional time may be required to work with the City's network administrator. It is also assumed that the City possesses a software license for GIS (ArcView or similar). In addition, if the City has staff with experience using ArcView, we can reduce the amount of time and effort needed to program custom queries and user-friendly interfaces, and instead, train City staff to perform these queries. Task L Technical Assistance (Optional Task) On -call technical assistance, via hotline calls or on -site support, can also be provided for up to one year after completion of the project. Typical types of support can range from 5-minute phone calls, to providing additional analyses, to on -site trouble shooting of the PMS database. For the purposes of our Fee Estimate, we have assumed 40 hours of on -call support that would be billed on a Time & Materials (T&M) basis. Project Deliverables The project deliverables are: • One (1) copy of the Draft Report. • Three (3) copies of the Final Report. • One (1) copy of PMS licensed software. • One (1) copy of PMS database on CD. Nichols Consulting Engineers, Chtd. Page 17 Project Schedule NCE's proposed project schedule is shown in the following table: Task Weeks to Complete (from Notice to Proceed A. Kickoff Meeting 1 B. Develop City's Pavement Inventory 2 C. Condition Surveys & PCI Calculations 5 D. M&R Treatment Decision Trees g E. Budgetary Analyses & Final Report g F. Installation & Training 10 G. Executive Summary and Presentations (Optional) To be Scheduled H. GIS Interface (Optional) TBD I. Technical Assistance (Optional) As Requested Nichols Consulting Engineers, Chtd. Page 18 Supportive Information The following pages illustrate typical outputs from a PMS/GIS link. It is very useful tool when making presentations to City Councils. We have also included a sample of an Executive Summary Report for your review. This is also useful to provide when making public presentations about pavement management and street maintenance. Street Condition - by PCI Range Nichols Consulting Engineers, Chtd. Page 19 , -'A,cVmw GIS 3 2 PMSStreers AroVww Gf; 3.2 X 00 m Cl rn a i CE v (co!O N tt N CO CO in co sl U M v 6'l 6? 69 *a61 u� w 69 69 w N m COt10 O N O tOA 0 t� 0 0 tU M to M i- co m m m N M ti ti p a 69 6% CA E13 69 � 6). 619. N N Cl co t- CO O O 0 000 0 CO O Q 0 o M to V Cl! N Lq CO N M N COO_ 0 ` M b N dt O NCO N Ch CO et 1]JU N dN 69 69- 64 69 6). 64 M 69 CA 6F3 C� a. C00 �i rt N Rt Go w ey U C C _R v 0 N Q N N 0 L 401, M � V W _ L v m CD CDO C a- co Cc Ki sp CA L C W E o co C t�f C W CO 00 N v O 0o M p v! L = O W C H Q C r rt Qi m d tt d N U. m jn.�"► C� G. car c w ca Z r a a to r CC) It N co N coN M a d > H 3 _ O O O a a C O O O 'O w c o ca o w c o 3 3 C 3 O r IQ N V U CL m 0 `O' m U.t R C LL O 0 > = a ats Co °� 0a c m c = N m N _c C 10 Q V C m E m Ri j O y °L c C oCL > Ta O ro a ++ 0 C C Y G V 2 m= W (9 Q I m I tU 0 Uj LC C9 i 40 a ui 0o cli U t O U C d c ro w 0 C U � h C 0 v � M U O C v Z 9 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 EXHIBIT B INSURANCE SCHEDULE Nichols shall provide proof of insurance, including a standard certificate of insurance, in at least the following amounts and coverage (combined single limit permitted): I. Coverage and Limits Hazards Automobile Liability Bodily Injury Property Damage Each Person Each Accident Each Accident Owned Automobiles $ 500,000 $1,000,000 $ 500,000 Hired Automobiles $ 500,000 $1,000,000 $ 500,000 Non -Owned Automobiles $ 500 000 $1,000,000 $ 500,000 Workers' Compensation $ Statutory Employers' Liability $1 000 000 per employer H. Liabili General Liability $1,000,000 $2,000,000 $1,000,000 Premises Operations $1,000,000 $2,000,000 $1,000,000 Elevators (if applicable) $1,000,000 $2,000,000 $1,000,000 Independent Contractors $1,000,000 $2,000,000 $1,000,000 Products - Completed Operations $1,000,000 $2,000,000 $1,000,000 Contractual Liabilitv $1,000,000 $2,000,000 $1,000,000 Professional Liability $2,000,000 $2,000,000 $2,000,000 a. The general liability policy shall contain the following special endorsements which shall be noted on or attached to the standard certificate of insurance: 1. An endorsement naming the City of Vernon, its officers, and employees as additional insureds under the policy: 2. An endorsement providing the City of Vernon thirty (30) days notice of cancellation or materia reduction of coverage. 3. An endorsement providing coverage for all operations under this Agreement. 4. Such other endorsement as may be required by City. b. In addition to the above, the Consultant shall provide such further proof of insurance documentation as the City deems necessary. EXHIBIT "B