Agenda Item B.8
CPMS CONSENT CALENDAR
Meeting Date: April 5, 2022
____________________________________________________________
TO: Mayor and Councilmembers
FROM: Charles W. Ebeling, Public Works Director
CONTACT: Debbie Talarico, Project Manager
SUBJECT: Professional Design Services Agreement with Pavement Engineeri ng Inc. for the 2022 City’s Annual Pavement Maintenance Program
RECOMMENDATION:
Authorize the City Manager to execute Professional Design Servi ces Agreement with Pavement Engineering Inc., for design of the 2022 City’s Annual Pavement Maintenance Program, in the amount of $650,000 with a termination date of December 31, 2023.
BACKGROUND:
In January of 2014 and February 2015, the City and Pavement Eng ineering Inc., (PEI) entered into an agreement to provide the City with services to evaluate the condition of the City’s streets and recommend treatments and strategies for pavement maintenance.
Subsequent presentations were provided to City Council, the mos t recent being in December 2020, on the status of the City’s roadway network and the Pavement Management Program.
In May of 2017, the City and PEI entered into a new agreement f or the design of the FY 2017/18 Pavement Rehabilitation Project. In September of 2019, City Council approved an amendment to the PEI agreement to expand the scope of servic es and extend the agreement termination date. PEI has completed all tasks include d in the original agreement and amendment.
In October 2021, City Council approved the proposed Annual Pave ment Rehabilitation Project 2-Year Priority List (2022 and 2023) and directed staff to proceed with design for the 2022 Annual Pavement Rehabilitation Project.
DISCUSSION:
City staff is ready to begin design for the 2022 Annual Pavemen t Maintenance Program, which includes both pavement design services and management of the pavement rehabilitation project. Additionally, City staff would like to initiate design of the 2023 Annual Pavement Maintenance Program. Staff requested a cost proposal f rom PEI for design
Meeting Date: April 5, 2022
services based on their history and experience working on the p rior annual pavement rehabilitation projects. The City assumed an average annual co nstruction budget of approximately $2.6 million for design scoping purposes, however the scope-of-work may be modified as design is further developed and depending on available budget when the project is ready to advertise for bids.
In addition to preparing bidding documents for the pavement rehabilitation projects, the City also requested a proposal from PEI to provide a complete evaluation of the Cit y’s roadway network. The evaluation will include inspecting and evaluating all City roadways, inputting the information into the City’s roadway system database, performing an analysis and producing a report on the current and projected condition of the City’s roadway network, and providing recommended treatments and strategies for pavement ma intenance. A new evaluation is needed because t he last full evaluation and inspection of the City’s roa dway network was done by PEI in 2018, nearly four years ago.
PEI’s proposals for the design services identified above are listed in the table below.
Scope of Work
Cost
Evaluate, inspect, and update the City’s roadway system, prepar e a summary report, and develop an implementation plan. $ 50,000 Prepare bidding documents and provide design engineering support services during construction for the 2022 Pavement Rehabilitation Project. $ 600,000 TOTAL $ 650,000
PEI is a qualified engineering firm that is capable of completing the work in a timely manner.
Staff recommends awarding of the Professional Design Services A greement with PEI for 2022 City’s Annual Pavement Maintenance Program in the amount of $650,000 with a termination date of December 31, 2023.
GOLETA STRATEGIC PLAN:
Approval of the Professional Design Services Agreement with PEI is consistent with City- Wide Strategic Plan Strategy 3, “Strengthen Infrastructure,” as well as the Strategic Goals of “Strengthen City-wide infrastructure including roads and traffic circulation […] ” a n d “Protect and Maintain our Roadway System”.
FISCAL IMPACTS:
The adopted budget for the fiscal year 21/22 and the requested carryover budget from FY 20/21 for the 2022 City’s Annual Pavement Maintenance Program are shown in the table below.
Meeting Date: April 5, 2022
Fund Type Account Current Budget
FY2022
YTD Actual &
Encumbrances
Total
Remaining
General 101-50-5800-51073 $4,900,017 $3,919,000 $981,017 Gas Tax 201-50-5800-51073 $2,929,227 $2,176,070 $753,157 RMRA 203-50-5800-51073 $1,717,000 $1,098,000 $619,000 Measure A 205-50-5800-51073 $840,180 $559,190 $280,990 LSTP 306-50-5800-51062 $483,992 $234,770 $249,222
Total $10,870,415 $7,987,030 $2,883,385
There is sufficient budget to cover the costs of these design services. Staff recommends that PEI’s agreement in the amount of $650,000 be funded out of General Fund Pavement Rehabilitation Program.
ALTERNATIVES:
Council could elect not to award the design services contract t o PEI and direct staff to request other proposals from qualified firms. However, doing so would impact the timing of the next paving projects and delay the much-needed evaluation of the City’s roadway network.
Reviewed By: Legal Review By: Approved By:
___________________ ___________________ _________________ Kristine Schmidt Megan Garibaldi Michelle Greene
Assistant City Manager City Attorney City Manager
ATTACHMENTS:
1. Professional Design Services Agreement with Pavement Enginee ring Inc.
Attachment 1
Professional Design Services Agreement with Pavement Engineering Inc.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
Project Name: Annual Pavement Maintenance Program
PROFESSIONAL DESIGN SERVICES
BETWEEN THE CITY OF GOLETA
AND
PAVEMENT ENGINEERING INC. (PEI)
This AGREEMENT FOR PROFESSIONAL DESIGN SERVICES (herein referre d to as “AGREEMENT”) is made and entered into this 5th day of Apr il, 2022, by and between the CITY OF GOLETA, a municipal corporation (herein referred to as "CITY"), and Pavement Engineering Inc. (PEI), a California Corporation ( herein referred to as "CONSULTANT").
SECTION A. RECITALS
1. The CITY has a need for professional pavement design and pro gram management services for the City’s Annual Pavement Maintenance Program; and
2. The CITY does not have the personnel able and/or available t o perform the services required under this AGREEMENT, and therefore, the CITY desires to contract for professional services to accomplish this work; and
3. The CITY procured these services in compliance with Goleta M unicipal Code Section 3.05.260 by an evaluation process of the pre-authorized qualified consultant list for various professional services, which was compiled from a competitive Request for Proposals/Request for Qualifications (RFP/RFQ) process, approved by City Council on December 3, 2019; and
4. The City Council, on this 5th day of April 2022, approved th is AGREEMENT and authorized the City Manager to execute the AGREEMENT.
SECTION B. TERMS
1. RETENTION AS CONSULTANT
CITY hereby retains CONSULTANT, and CONSULTANT hereby accepts s uch engagement, to perform the services described in Section 2. CONSULTANT warrants it has the qualifications, experience, and facilities to properly and timely perform said services.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
2. DESCRIPTION OF SERVICES
The services to be performed by CONSULTANT are as follows:
Professional Design and Program Management Services in conjunct ion with the City’s Annual Pavement Maintenance Program shall gener ally include preparation of design, testing and preparation of speci fications for the City’s 2022 Pavement Rehabilitation and Maintenance Project as more particularly set forth in the Scope of Work, attached as Exhibi t “A,” and incorporated herein.
CONSULTANT shall deliver to CITY the deliverables defined in Ex hibit “A.”
3. COMPENSATION AND PAYMENT
(a) Maximum and Rate . The total compensation payable to CONSULTANT by CITY for the services under this AGREEMENT SHALL NOT EXCEED the sum of $650,000 (herein "not to exceed amount"), and shall be earned a s the work progresses on the following basis:
Hourly at the hourly rates and with reimbursement to CONSULTANT fo r those expenses set forth in CO NSULTANT's Schedule of Fees marke d Exhibit "B," attached and incorporated herein. The rates and e xpenses set forth in that exhibit shall be binding upon CONSULTANT unti l December 31, 2023, after which any change in said rates and exp enses must be approved in writing by CITY's Project Manager as descri bed in Section 5 (CITY is to be given 60 days notice of any rate incre ase request), provided the not to exceed amount is the total compensation due CONSULTANT for all work described under this AGREEMENT. (b) Payment . CONSULTANT shall provide CITY with written verification of the actual compensation earned, which written verification shall be in a form satisfactory to CITY's Project Manager, as described in Section 5. Invoices shall be made no more frequently than on a monthly basis, and describe the work perfo rmed (including a list of hours worked by personnel classification). All payments shall be made within 30 days after CITY’s approval of the invoice.
4. EXTRA SERVICES
CITY shall pay CONSULTANT for those CITY authorized extra servi ces, not reasonably included within the services described in Section 2, as mutually agreed to writing in advance of the incurrence of extra services by CONSU LTANT. Unless CITY and CONSULTANT have agreed in writing before the performance of extra services, no liability and no right to claim com pensation for such extra ser vices or expenses shall
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
exist. The applicable hourly rates for extra services shall be at the hourly rates set forth in Exhibit B, if one is included as part of this agreement. An y compensation for extra services shall be part of the total compensation and shall not increase the not to exceed amount identified in Section 3.
5. CITY PROJECT MANAGER AND SERVICES BY CITY
The services to be performed by CONSULTANT shall be accomplishe d under the general direction of, and coordinate with, CITY's "Project Manager", as that staff person is designated by CITY from time to time, and who present ly is Debbie Talarico, Project Manager shall have the authority to act on behalf of th e CITY in administering this AGREEMENT but shall not be authorized to extend the term o f the AGREEMENT or increase the not to exceed amount.
6. TERM, PROGRESS AND COMPLETION
The term of this AGREEMENT is from the date first written above to December 31, 2023, unless term of this AGREEMENT is extended, or the AGR EEMENT is terminated as provided for herein.
CONSULTANT shall not commence work on the services to be performed until (i) CONSULTANT furnishes proof of insurance as required by Section 10 below, and (ii) CITY gives written authorization to proceed with the work provi ded by CITY's Project Manager.
OWNERSHIP OF DOCUMENTS
All drawings, designs, data, photographs, reports and other documentation (other than CONSULTANT's drafts, notes and internal memorandum), inclu ding duplication of same prepared by CONSULTANT in the performance of these service s , a r e t h e property of CITY. CITY shall be entitled to immediate possessi on of the same upon completion of the work under this AGREEMENT, or at any earlier or later time when requested by CITY. CITY agrees to hold CONSULTANT harmless fro m all damages, claims, expenses, and losses arising out of any reuse of the pl ans and specifications for purposes other than those described in this AGREEMENT, unless w ritten authorization of CONSULTANT is first obtained.
7. PERSONAL SERVI CES/NO ASSIGNMENT/SUBCONTRACTOR
This AGREEMENT is for professional services which are personal to CITY.
Joseph L. Ririe, P.E., Principal, is deemed to be specially exp erienced and is a key member of CONSULTANT's firm, and shall be directly involved in the performance of this work. This key person shall communicate with, and periodi cally report to, CITY on the progress of the work. Should any such individual be removed from assisting in this contracted work for any reason, CITY may terminate this AGREEME NT. This
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
AGREEMENT may not be assigned or subcontracted without the City Manager’s prior written consent.
8. HOLD HARMLESS AND INDEMNITY
( a ) I n d e m n i f i c a t i o n a n d D e f e n s e f o r P r o f e s s i o n a l S e r v i c e . To the fullest extent permitted by law, Consultant shall indemnify, defend and hold harmless the CITY and any and all of its officials, employees and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilit ies, damages, costs and expenses, including attorney’s fees and costs, to the exten t they arise out of, pertain to, or relate to the negligence, recklessness, or willf ul misconduct of the CONSULTANT. CONSULTANT’s duty to defend shall consist of reimbu rsement of defense costs incurred by CITY in direct proportion to the C ONSULTANT’s proportionate percentage of fault. CONSULTANT’s percentage of f ault shall be determined, as applicable, by a court of law, jury or arbitrato r. In the event any loss, liability or damage is incurred by way of settlement or r esolution without a court, jury or arbitrator having made a determination of the CO NSULTANT’s percentage of fault, the parties agree to mediation with a thir d party neutral to determine the CONSULTANT’s proportionate percentage of fault fo r purposes of determining the amount of indemnity and defense cost reimbursem ent owed to the CITY.
( b ) F o r A l l O t h e r L i a b i l i t i e s . Notwithstanding the foregoing and without diminishing any rights of CITY, for any liability, claim, deman d, allegation against CITY arising out of, related to, or pertaining to any act or om ission of CONSULTANT, but which is not a design professional service, CON SULTANT shall defend, indemnify, and hold harmless CITY, its officials, e m p l o y e e s , a n d agents (“Indemnified Parties”) from and against any and all dam ages, costs, expenses (including reasonable at torney fees and expert witness f e e s ) , judgments, settlements, and/or arbitration awards, whether for personal or bodily injury, property damage, or economic injury, and arising out of , related to, any concurrent or contributory negligence on the part of the CITY, except for the sole or active negligence of, or willful misconduct of the CITY. (c) No Waiver. ClTY does not waive, nor shall be deemed to have waived, any indemnity, defense or hold harmless rights under this secti on because of the acceptance by CITY, or the deposit with CITY, of any insurance certificates or policies described in Section 10.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
9. INSURANCE
CONSULTANT shall, at CONSULTANT's sole cost and expense, provid e insurance as described herein. All insurance is to be placed w ith insurers authorized to do business in the State of California with an A.M. Best and Co mpany rating of A- or better, Class VII or better, or as otherwise approved by CITY.
Insurance shall include the following (or broader) coverage:
a) Insurance Services Office Commercial Liability coverage “o ccurrence” form CG 00 01 or its exact equivalent with an edition date prior to 2004 and with minimum limits of $1,000,000 per occurrence and $2,000,000 gene ral aggregate.
b) Insurance Services Office form number CA 00 01 or equivalent covering Automobile Liability, includi ng hired and non-owned automobile liability with a minimum limit of $1,000,000 per accident. If the Service Pro vider owns no vehicles, this requirement may be satisfied by a non-owned and hired auto endorsement to Service Provider’s commercial general liability policy.
c) Workers’ Compensation insurance complying with California wo rker’s compensation laws, including statutory limits for workers’ comp ensation and an Employer’s Liability limit of $1,000,000 per accident or disease.
d) Professional liability insurance that covers the services to be performed in connection with this agreement, in the minimum amount of $1,000 ,000 per claim.
Liability insurance policies required to be provided by CONSULT ANT hereunder shall contain or be endorsed to contain the following provisions:
a) Except for professional liability insurance, CITY, its emp loyees, officials, agents and member agencies shall be covered as additional insur eds.
Coverage shall apply to any and all liability arising out of th e work performed or related to the contract. Additional insured status under the general liability requirement shall be provided on Insurance Services Office Form CG 20 10, with an edition date prior to 2004, or its equivalent. Additio nal insured status for completed operations shall be provided either in the additi onal insured form or through another endorsement such as CG 20 37, or its equivalent.
b) General and automobile liability insurance shall apply sep arately to each insured against whom a claim is made or suit is brought, except with respect to the limits of the insurer’s liability. Coverage will not be limited to CITY’s vicarious liability.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
c) Professional liability insurance policies inception date, continuity date, or retroactive date must be before the effective date of this agre ement.
CONSULTANT agrees to maintain continuous coverage through a per iod no less than three years after completion of the services required b y t h i s agreement.
d) Except for professional liab ility insurance, liability cov erage shall be primary and non-contributing with any insurance maintained by CITY.
e) Evidence of coverage (including the workers’ compensation and employer’s liability policies) shall provide that coverage shall not be su spended, voided, canceled or reduced in coverage or in limits except after 30 da ys’ prior written notice has been given to CITY. Such provision shall no t include any limitation of liability of the insurer for failure to provide such notice.
f) No liability insurance coverage provided to comply with th is AGREEMENT shall prohibit CONSULTANT, or CONSULTANT’s employees, or agents , from waiving the right of recovery prior to a loss. CONSULTANT waives its right of recovery against CITY.
g) CONSULTANT agrees to deposit with CITY within fifteen days of Notice to Proceed of the Contract certificates of insurance and required endorsements.
h) There shall be no recourse against CITY for payment of pre miums or other amounts with respect to the insurance required to be provided b y CONSULTANT hereunder. Any failure, actual or alleged, on the p art of CITY to monitor compliance with these requirements will not be deemed as a waiver of any rights on the part of CITY. CITY has no addition al obligations by virtue of requiring the insurance set forth herein. In the event any policy of insurance required under this AGREEMENT does not comply with these requirements or is canceled and not replaced, CITY has the righ t but not the duty to obtain the insurance it deems necessary, and any premiu m paid by CITY will be promptly reimbursed by CONSULTANT or CITY will wit hhold amounts sufficient to pay premium from CONSULTANT payments.
i) CONSULTANT agrees to provide immediate notice to CITY of a ny claim or loss against CONSULTANT arising out of the work performed under t h i s AGREEMENT. CITY assumes no obligation or liability by such not ice but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve CITY.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
10. RELATIONSHIP OF CONSULTANT TO CITY
The relationship of the CONSULTANT to CITY shall be that of an independent contractor and that in no event shall CONSULTANT be considered an officer, agent, servant or employee of CITY. CONSULTANT shall be solely respon sible for any workers compensation insurance, withholding taxes, unemployment insurance, and any other employer obligations associated with the described work.
11. CORRECTIONS
In addition to the above indemnification obligations, CONSULTAN T shall correct, at its expense, all errors in t he work that may be disclosed du ring CITY's review of CONSULTANT's report or plans. Should CONSULTANT fail to make s uch correction in a reasonably timely manner, such correction shall be made by CI TY, and the cost thereof shall be charged to CONSULTANT or withheld from any fun ds due to CONSULTANT hereunder.
12. TERMINATION BY CITY
CITY, by notifying CONSULTANT in writing, may upon 10 calendar days notice, terminate without cause any portion or all of the services agre ed to be performed under this AGREEMENT. If termination is for cause, no notice period need be given. In the event of termination, CONSULTANT shall have the right and oblig ation to immediately assemble work in progress for the purpose of closing out the jo b. All compensation for actual work performed and charges outstanding at the time of te rmination shall be payable by CITY to CONSULTANT within 30 days following submissi on of a final statement by CONSULTANT unless termination is for cause. In su ch event, CONSULTANT shall be compensated only to the extent required by law.
13. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE
The acceptance by CONSULTANT of the final payment made under th is AGREEMENT shall operate as and be a release of CITY from all cl aims and liabilities for compensation to CONSULTANT for anything done, furnished, or relating to CONSULTANT'S work or services. Acceptance of payment shall be any negotiation of CITY's check or the failure to make a written extra compensatio n claim within 10 calendar days of the receipt of that check. However, approval or payment by CITY shall not constitute, nor be deemed, a release of the responsibility and liability of CONSULTANT, its employees, subcontractors, agents and CONSULTAN T s f o r t h e accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by CITY for any defect or error in the work prepared by CONSULTANT, its employees, subcontractors, agents and consultants.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
14. AUDIT OF RECORDS
At any time during normal business hours and as often as it may d e e m necessary, CONSULTANT shall make available to a representative of CITY for examination of all its records with respect to all matters cove red by this AGREEMENT and will permit CITY to audit, exami ne and/or reproduce such re cords. CONSULTANT will retain such financial records, time sheets, work progress reports, invoices, bills and project records for at least two years after termination or fin al payment under this AGREEMENT.
15. WAIVER; REMEDIES CUMULATIVE
Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, irrespective of the length o f time for which such failure continues, shall not constitute a waiver of such party' s right to demand strict compliance by such other party in the future. No waiver by a p arty of a default or breach of the other party shall be effective or binding upon su ch party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach . No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/ or period of time specified. All the remedies permitted or available to a party u nder this AGREEMENT, or at law or in equity, shall be cumulative and alternative, and i nvocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy.
16. CONFLICT OF INTEREST
CONSULTANT is unaware of any CITY employee or official that has a financial interest in CONSULTANT'S business. During the term of this AGR EEMENT and/or as a result of being awarded this AGREEMENT, CONSULTANT shall not offer, encourage or accept any financial interest in CONSULTANT'S business by an y CITY employee or official.
17. CONSTRUCTION OF LANGUAGE OF AGREEMENT
The provisions of this AGREEMENT shall be construed as a whole according to its common meaning of purpose of providing a public benefit and not strictly for or against any party. It shall be construed consistent with the provisions hereof, in order to achieve the objectives and purpos es of the parties. Wherever r equired by the context, the singular shall include the plural and vice versa, and the m asculine gender shall include the feminine or neutral genders or vice versa.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
18. MITIGATION OF DAMAGES
In all situations arising out of this AGREEMENT, the parties sh all attempt to avoid and minimize the damages resulting from the conduct of the other party.
19. GOVERNING LAW
This AGREEMENT, and the rights and obligations of the parties, shall be governed and interpreted in accordance with the laws of the Sta te of California. Should litigation occur, venue shall be in Superior Court of Santa Barbara County.
20. NONDISCRIMINATION
CONSULTANT shall not discriminate on the basis of race, color, gender, gender identity/expression, pregnancy, sexual orientation, disability, marital status, or any other characteristic protected under applicable federal or state law.
21. TAXPAYER IDENTIFICATION NUMBER
CONSULTANT shall provide CITY with a complete Request for Taxpa yer Identification Number and Certification, Form W-9 (Rev. October 2018), as issued by the Internal Revenue Service.
22. NON-APPROPRIATION OF FUNDS
Payments due and payable to CONSULTANT for current services are within the current budget and within an available, unexhausted and unencum bered appropriation of CITY funds. In the event CITY has not appropriated sufficie nt funds for payment of CONSULTANT services beyond the current fiscal year, this AGREEM ENT shall cover only those costs incurred up to the conclusion of the current fiscal year.
23. MODIFICATION OF AGREEMENT
The tasks described in this AGREEMENT and all other terms of th is AGREEMENT may be modified only upon mutual written consent of C ITY and CONSULTANT.
24. USE OF THE TERM “CITY”
Reference to “CITY” in this AGREEMENT includes City Manager or any authorized representative acting on behalf of CITY.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
25. PERMITS AND LICENSES
CONSULTANT, at its sole expense, shall obtain and maintain duri ng the term of this AGREEMENT, all appropriate permits, licenses, and certific ates that may be required in connection with the performance of services under this AGREEMENT.
26. CAPTIONS
The captions or headings in this AGREEMENT are for convenience only and in no other way define, limit or describe the scope or intent of a ny provision or section of the AGREEMENT.
27. AUTHORIZATION
Each party has expressly authorized the execution of this AGREE MENT on its behalf and bind said party and its respective administrators, o fficers, directors, shareholders, divisions, subsid iaries, agents, employees, succe ssors, assigns, principals, partners, joint vent urers, insurance carriers and a ny others who may claim through it to this AGREEMENT.
28. ENTIRE AGREEMENT BETWEEN PARTIES
Except for CONSULTANT'S proposals and submitted representations f o r obtaining this AGREEMENT, this AGREEMENT supersedes any other a greements, either oral or in writing, between the parties hereto with resp ect to the rendering of services and contains all of t he covenants and agreements betwe en the parties with respect to said services.
29. PARTIAL INVALIDITY
If any provision in this AGREEMENT is held by a court of compet ent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.
30. NOTICES
Any notice required to be given hereunder shall be deemed to ha ve been given by depositing said notice in the United States mail, postage pr epaid, and addressed as follows:
TO CITY: Attention: Michelle Greene, City Manager
City of Goleta
130 Cremona Drive, Suite B
Goleta, CA 93117
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
TO CONSULTANT: Joseph L. Ririe, P.E., Principal
Pavement Engineering, Inc. (PEI)
3485 Sacramento Drive, Suite A
San Luis Obispo, CA 93401
31. COUNTERPARTS AND ELECTRONIC/FACSIMILE SIGNATURES
This Agreement may be executed in several counterparts, which may be facsimile or electronic copies. Each counterpart is fully effective as an original, and together constitutes one and the same instrument.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
In concurrence and witness whereof , t h i s A m e n d m e n t N o . 3 h a s b e e n executed by the parties effective on the date and year first above written.
CITY OF GOLETA CONSULTANT
____________________________ __________________________ Michelle Greene, City Manager Joseph L. Ririe, P.E., Principa l
A T T E S T :
_____________________________ __________________________ Deborah Lopez, City Clerk E r i c W e l l s , S e c r e t a r y
APPROVED AS TO FORM:
MEGAN GARIBALDI, CITY ATTORNEY
_____________________________
Winnie Cai, Assistant City Attorney
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
EXHIBIT A
SCOPE OF WORK
2022 PAVEMENT MANAGEMENT SYSTEM UPDATE:
TASK 1: KICK-OFF MEETING
Consultant shall schedule a kick-off meeting with City staff to discuss project goals and expectations. Some items of discussion may include:
x The scope of work, schedule and budget;
• Existing pavement data, GIS files and drawings;
• Streets, roadways and alleyways review, neighborhood areas, b oundaries, private streets and function classifications;
• Current and past pavement maintenance history and budgets; • Quality control approach;
• Safety, field work access and public notifications;
• The format of deliverables.
Throughout the project, Consultant shall meet with City staff a s required to coordinate and review specific project progress, schedules, budgets and other items of business to ensure the work performed meets performance goals. The objective is to de liver a quality project on time and on budget.
Task 1 Deliverables:
x Kick-off meeting notes and minutes.
TASK 1A: VISUAL EVALUATION OF PAVEMENT CONDITION
Consultant shall visually inspect all the City’s arterial, coll ectors, and residential streets (~85 Centerline miles) as well as any newly constructed residential and mixed-used streets. The assessment shall conform to ASTM Standard D6433 standards.
Consultant’s inspectors are certified for quality and consisten cy and attend annual training to keep abreast of changes and hone skills. That training demonst rates an accuracy rate for Consultant’s inspectors of ± 5 PCI points. Industry standards accept ± 10 PCI points. They shall manually survey all streets and roads according to the followin g MTC’s eight distress categories: Alligator cracking; Block cracking; Distortions; Longitudinal and transverse cracking; Patching and utility cuts; Rutting and depressions; Weathering; and Raveling.
Consultant shall assign a Pavement Condition Index (PCI) for ea ch street segment per StreetSaver
® criteria and supported by Consultant’s quality assurance stand ards, which are designed to ensure accuracy and consistency.
During the field review, Consultant shall use a vehicle-mounted digital measuring device to measure the length of each street segment and a hand-held wheel to measure the width.
Precise measurements are key to accurate cost projections, whic h are calculated based on pavement area. Consultant shall sample locations on random test sites of ± 2,500 sf and shall
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
annotate the sample location on the rating sheet using footage from the beginning of each road segment. Recording locations of inspected sample areas provides the necessary information to relocate the measured area for verification. This method produces reliable, reproducible data for current and future use. As part of this work, Consultant shall perform a Quality Control review.
Typically, the review compares the latest PCIs of newly rated street segments to prior PCIs from the last PMS update. Since there will be no previous PCI data, the Project Manager shall review a random 10% of the street segments.
To ensure safety during the visual evaluation, Consultant shall p r o v i d e i t s i n s p e c t o r s w i t h reflective safety vests and shall provide traffic control using a fl ashing beacon and a vehicle- mounted magnetic sign warning of frequent stops.
Task 1A Deliverables:
x Updated PCI’s in StreetSaver
®.
TASK 1B: DATA INPUT AND DATABASE UPDATE
Consultant shall input all the data collected during the visual evaluations in the City’s StreetSaver
® database using MTC’s Mobile Rater. This speeds project comple tion and increases accuracy.
To make sure any analysis is consistent with the use of recomme nded maintenance and rehabilitation strategies, Consultant shall review the City’s c urrent street segmentation and how the roads are being used. The goal is to develop the most accurate database possible, one that shall manifest in better, more precise recommendations and projections.
In addition, Consultant can review the functional classificatio n s o f s t r e e t s i n i t s s y s t e m t o determine if they comply with Caltrans specifications and are t herefore eligible for future federal funding. Consultant shall compare each road section contained in the updated PMS database with the California Road System (CRS) maps found on the Caltran s website to verify functional classification accuracy.
As part of this Task, Consultant shall also review both the Str eetSaver ® Decision Tree and PCI
breakpoint table with the City to verify treatments and associa ted unit prices to ensure costs being used by the program are current and reflect the construct ion costs the City is seeing.
Revised information shall be updated in StreetSaver®.
Task 1B Deliverables:
x Updated database with maintenance and rehabilitation history; x Reconciliation of any pending transactions;
x Functional classification comparison between Caltrans maps.
TASK 1C: UPDATE MAINTENANCE HISTORY AND GIS LINKAGE
Consultant shall work with City staff and, in particular, the C ity’s GIS department to make sure there are no missing streets. If missing streets are found, th ey shall be visually evaluated and added to the system.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
Consultant shall update the maintenance and rehabilitation history for all street segments throughout the City since the last data backup. Adding this information to the work history files for each of the streets shall help ensure that the most accurate PCI is represented by the program.
Consultant shall also work with the City’s GIS department to see that they have all the information needed to develop the City’s PCI maps and shall make sure that all the data is linked to the GIS module contained within StreetSaver® so City staff can take advantage of this feature.
Task 1C Deliverables:
x Updated GIS module.
TASK 1D: BUDGET SCENARIOS AND FINAL REPORT
Once the visual evaluations are finished and the StreetSaver ® database is completely updated,
Consultant shall run reports that forecast the PCI based on pro posed treatments. This effort shall provide feedback for the treatment decisions necessary to achieve the City’s goals.
As part of this phase, Consultant shall prepare a “database sna pshot” report containing the following information that shall serve as an annual summary:
• Summary of work performed;
• Three basic budget scenarios for improving or maintaining the PCI during the next 10 years; • Network summary statistics broken down into functional class: arterial, collector, residential/local, and other required classifications;
• Summary of conditions, recommended treatments and estimated u nit costs by functional class;
• Network condition summary based on budget scenarios;
• A sorted desktop reference, listing roads by PCI from best to worst or alphabetically by name.
Because StreetSaver always reports the current PCI based on the system’s deterioration curve, it cannot look back at previous years; however, past informatio n helps to evaluate trends and measure progress. This report shall serve as a printed referenc e that can be compared to previous or future annual updates.
Task 1D Deliverables:
x Copies of draft report and a final report.
2022 PAVEMENT MAINTENANCE AND REHABILITATION PROJECT:
TASK 2 – PROJECT ADMINISTRATION
This work includes a kick-off meeting with City of Goleta staff to confirm the project’s scope of work, schedule, budget and availability of project documents; r eview project goals; discuss format of deliverables; and clarify the responsibilities of each party for each project.
Progress meetings shall be arranged to review the work at criti cal stages. For this project, it is recommended to meet with City staff after completion of the wor k associated with Task 2A to
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
review and confirm the final treatments and conceptual level bu dget analysis, then again at the 60% stage and at the 90% stage to review and confirm the final documents and collect comments. Four (4) meetings are anticipated, including the kick -off meeting, with City of Goleta staff.
Constant communication between the project manager and City of G o l e t a s t a f f i n c l u d i n g updated design schedules and budgets are part of the approach a nd shall help ensure a successful project.
TASK 2A – PAVEMENT ANALYSIS & PRELIMINARY ENGINEERING
The purpose of this task is to gather and confirm all necessary information, either from field measurements or existing archives to facilitate the design and development of the project’s contract documents. The end result of this task is to develop a concept level budget for each project that can be used to refine the projects to fit the City’s anticipated construction budget.
The anticipated investigation and survey items below have been separated and a detailed explanation of the expected work for each phase of this task are provided.
Phase 2A.1 - Pavement Analysis
Consultant shall perform pavement evaluation services including deflection testing, coring and analysis on the project streets identified for rehab ilitation and heavy maintenance.
The field-testing portion of the work consists of deflection te sting and coring the pavement to determine the asphalt layer thickness. One-way def lection tests shall be performed at 100-foot maximum intervals on each road segment. Coring shall be performed at 500-foot maximum intervals over the street segment . T h e d e f l e c t i o n analysis shall be performed in general accordance with CTM 356. The work excludes pre-marking the coring locations and coordination with Undergro und Service Alert.
Moving traffic control shall be provided by a follow vehicle wi th flashing lights. Flagging shall be provided as necessary. The City of Goleta will provide the traffic index.
Rehabilitation options to be investigated shall include hot mix a s p h a l t ( H M A ) a n d rubberized hot mix asphalt (RHMA) overlays, milling and filling a n d C I R c o l d i n - p l a c e recycle (CIR).
To assist with the analysis of Phelps Road from Pacific Oaks Ro ad to Storke Road, Cathedral Oaks Road from Evergreen Drive to Alameda Avenue, and Storke Road from Bollay Drive to Hollister Avenue, Consultant shall core and mea sure the full structural section thickness (AC & AB) and collect a native soil sample to determine the R-value.
As part of the analysis, Consultant shall present any viable ma intenance options for streets that are structurally adequate.
For this phase, Consultant is not proposing development of a fo rmal report, instead, findings shall be compiled in the project development binders t hat shall provided to the
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
City for reference. Going straight from the raw analysis and d ata to design saves considerable design funds.
Phase 2A.2 - Measure Field Quantities and ADA Ramp Assessments
Consultant shall physically walk each of the project streets to measure and record all pertinent field quantities, including the location of existing striping, pavement markers and paint markings; location of utility covers; limits of pavin g transitions, digouts, and other pavement repairs; and the total area of pavement to be re surfaced. This information shall be compiled into the bid schedule.
If Consultant identifies any concrete repairs or tree root damage during the field reviews, they shall be note and brought to the City’s attention to deter mine if the repairs should be added to the contract.
Consultant shall evaluate any curb ramps within the project lim its to determine their compliance with ADA regulations. Non-compliant ramps shall be tallied and included in the concept level budget for discussion and a determination of the design approach needed for the ramp location.
Phase 2A.3 - Monument Perpetuation
Consultant shall subcontract with Geo-West to perform the monum ent perpetuation research needed for the project.
The research shall assist the City of Golta with the monument i dentification and preservation process (State Business and Professions Code Secti on 8771) by performing a records search to locate any potential recorded su rvey monuments within the street limits. The surveyor shall prepare a written report that Consultant shall review with the City to determine which monuments might potentially be d i s t u r b e d d u r i n g construction and how they should be perpetuated.
At the City’s request, CONSULTANT shall also provide a service to tie-off the existing monuments prior to construction and establish new monumentation after construction.
Consultant shall provide an additional proposal for these services at the City’s request.
Phase 2A.4 - Concept Level Budget Analysis and Technical Memo
Following the field evaluation work described in Phases 2A.1, 2 A . 2 , a n d 2 A . 3 , Consultant shall compile all the field data into a Technical Me mo. This Memo shall include a summary of the following: existing pavement condition s including visual assessment, pavement thicknesses; best value treatment recommen dations for each project roadway segment; a summary of curb ramp compliance and recommendations for improvement. All preliminary items of work shall be incorp orated into preliminary engineer’s cost estimates for each roadway segment to assist th e City in selecting the most cost effective and constructible options for the project streets according to available budgets.
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
After the technical memo is complete, Consultant shall meet wit h the City to review the gathered information. As part of the meeting, Consultant shall review preliminary cost information for each viable option for the street segment and a life cycle cost analysis (LCCA).
As part of the meeting, Consultant shall also discuss potential bike facility improvements as identified on the City’s Bicycle Master Plan.
This meeting shall be where critical decisions are made about how far the budget can be stretched. At the conclusion of this meeting, CONSULTANT and t he City will have a clear understanding about the specific design approach that sha ll be implemented for the project.
In addition to the tasks listed above, Consultant shall coordin ate with City staff to obtain the following information:
x Utility agency contact information
x Other available design data such as drainage facility maps, tr affic data, City standards, front-end specifications, etc.
Task 2A Deliverables:
x Design recommendations and preliminary cost estimates with LCC A for each roadway segment within each project area for City review.
x A monument perpetuation report.
x Technical Memo.
TASK 2B – PLANS, SPECIFICATIONS AND ESTIMATES
Phase 2B.1 – 60%, 90%, 100% and Final PS&E Submittals
Consultant shall develop plans that shall convey the design int ent and treatments selected during the concept level budget meeting. Consultant sh all use aerial images and collected topographic information to develop base sheets an d provide details for typical sections, transitions, conforms, digouts, and additiona l pavement work as necessary. Consultant shall compile all field quantities colle cted from Task 2A into an engineer’s estimates. This shall be considered the 60% submittal.
After the City has reviewed the 60% submittal, Consultant shall m e e t t o r e c e i v e a n d review the comments. Consultant shall use these comments from the City to refine the plans and prepare technical specifications that shall incorpora te the latest asphalt industry guidelines and criteria. This information shall be su bmitted to the City as the 90% design review.
After the City reviews the 90% submittal, Consultant shall meet with staff to resolve any outstanding issues and shall adjust the contract documents acco r d i n g l y . T h i s information shall be submitted to the City as the 100% design r eview. After the City
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
reviews the 100% submittal, Consultant shall address any remain ing comments and adjust the contract documents accordingly. Plans and specifica tions shall then be electronically stamped and signed and submitted to the City as the final PS&E.
Task 2B – Deliverables
x The 60%, 90%, and 100% submittals shall include two sets of 11 ” x 17” plan sets as well as an el ectronic for mat. T echnical s pecific ations shall be s ubmitted in Word format at the 90% and final submittals.
x Final approved drawing submittals shall include one complete s et of 36” x 24” bond and a PDF copy of all the drawing sheets submitted.
x Final specification submittals shall include one hard copy pap er document bound and electronic copies in MS Word and PDF format.
TASK 2C – CURB RAMP DESIGNS
This task includes developing curb ramp designs for any ramps t hat the City and CONSULTANT determine are non-compliant and should be upgraded. There are options to developing curb ramp designs. Consultant shall discuss these o ptions with the City during the kickoff meeting to determine the most cost-effective approach.
Phase 2C.1 – Complex Curb Ramp Design
For this project, Consultant is estimating that 10% of the non- compliant curb ramps shall require detailed design including a topographic survey which sh a l l b e t i e d t o a l o c a l temporary benchmark and the necessary elevations and control t o assist the contractor with construction.
Phase 2C.2 – Regular Ramp Quantities Only
For this project, Consultant is estimating that 90% of the curb ramps can be field fit. To accomplish this work Consultant shall collect the quantities ne cessary to construct each ramp. The quantities shall be tabulated and included in the pl an set similar to previous work CONSULTANT has performed with the City.
TASK 2D – BID SUPPORT SERVICES
During the bid period, Consultant shall be available to answer any specific questions from the City and Contractor concerning the design. Should the need arise, Consultant shall prepare an addendum as required. In addition, Consultant shall also be available to attend a pre-bid meeting and provide assistant with response s to contractor’s questions during the bidding process and reviewing and evaluating bids. All fees for this task shall be on a time and materials bases.
TASK 2E – CONSTRUCTION SUPPORT SERVICES
During the construction period, Consultant shall be available t o answer any specific questions from the City and Contractor concerning the design. Consultant shall also be
City of Goleta
Public Works and Pavement Engineering, Inc. (PEI)
available to assist the City with submittal review, responding to construction RFI’s and review construction claims. All fees for this task shall be on a time and materials bases.
Excluded Work
The work excludes providing topographic survey of roads, resear ching ROW, developing traffic control plans, utility coordination / location and providing te sting, inspection or management services during construction. It is anticipated that the proje ct shall be confi ned to the existi ng footprint of each roadway and therefore any design work related t o C E Q A o r s t o r m w a t e r retention/detention is excluded. These services can be added t o the scope at any time for additional fees. Consultant shall provide a proposal for any these services at the City’s request.
EXHIBIT B
SCHEDULE OF FEES