ITEM 4. 14
CITY MANAGER' SREPORT
NOVEMBER 18, 2024 CITY COUNCIL SPECIAL MEETING
ITEM: APPROVE PROFESSIONAL SERVICE AGREEMENT
WITH PAVEMENT ENGINEERING, INC. FOR
PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
RECOMMENDATION: Adopt a Resolution to Approve a Professional Service Agreement with Pavement Engineering, Inc. for
Pavement Assessment and Management System and
Approve Budget Amendment
SUMMARY:
The City receives funding for pavement maintenance and rehabilitation projects through the California State Transportation Improvement Program ( STIP). One of the requirements of STIP funding, is that Cities are required to maintain an updated certified Pavement Management System ( PMS). City staff is requesting approval to execute an Agreement with Pavement Engineering Inc., ( PEI) to perform an assessment of the City' s existing streets current conditions and update our PMS accordingly.
The PMS is a tool used to keep a running list of the current pavement condition of the City' s streets and help plan for a cost- effective repair based on the condition. It is important to maintain an updated PMS and Pavement Condition Indexing ( PCI) of our existing streets as the PCI of a street will determine the type of repair and funding for maintenance based on the need for each individual situation.
BACKGROUND:
The City of Lathrop has a license for Street Saver, the PMS needed to store the data that will be collected by Pavement Engineering, Inc. The last time this information was collected was in 2017 and at that time the City of Lathrop only maintained approximately 80 miles of streets. Currently, the City maintains over 90 miles of streets. With the increase in miles of road and new roads being accepted frequently, it is important this program is maintained accurately, and information is collected.
Pavement Engineering, Inc. (PEI) are pavement engineers and rehabilitation experts, specializing in evaluating, designing, implementing and maintaining asphalt and concrete surfaces for public and private entities throughout the west coast. Their services are needed to provide a survey and update of the condition of the City' sroad system and to assist with the data migration to our existing software. PEI will meet with the City and provide a report with recommended treatments and costs for the City' s street maintenance program.
CITY MANAGER' SREPORT PAGE 2
NOVEMBER 18, 2024, CITY COUNCIL SPECIAL MEETING
APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT
ENGINEERING, INC. FOR PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
REASON FOR RECOMMENDATION:
Our PMS is in need of an update to effectively manage the City' s street maintenance program and to continue to qualify for STIP funding as well as to assist in qualifying for additional street improvement grant funding opportunities. Services from Pavement Engineering Inc. ( PEI) are needed to ensure the system is upgraded efficiently and correctly.
Staff requests City Council approve a contract with Pavement Engineering Inc. (PEI), and a budget amendment to proceed with the work as intended with the Professional Services Agreement ( Attachment B).
FISCAL IMPACT:
The cost proposal from PEI is $ 105, 000 and staff is requesting a 10% contingency to cover unanticipated costs. The cost of this work is available in Streets Reserves and is proposed to be transferred as shown below into the Streets Operating Budget.
Staff request City Council approve a budget amendment transferring $ 115, 500 from General Fund Street Reserve Fund 1010 to the Local Streets Fund 2080 as follows:
Decrease Street Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
Increase Transfer In
2080- 9900- 393- 0000
Increase Expenditure
2080- 5- 10- 420- 010
115, 500
115, 500
115, 500
115, 500
Staff requests that City Council approve a Professional Services Agreement with Pavement Engineering Inc., for pavement assessment and management system consulting services.
CITY MANAGER' SREPORT PAGE 3
NOVEMBER 18, 2024, CITY COUNCIL SPECIAL MEETING
APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT
ENGINEERING, INC. FOR PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
ATTACHMENTS:
A. Resolution to Approve a Professional Service Agreement with Pavement Engineering, Inc. for Pavement Assessment and Management System and Approve Budget Amendment
B. Professional Services Agreement with Pavement Engineering Inc., for Pavement Management and Management System
Leisser P. Mazariegos Date
Project Manager
Bra aylor
City ngineer
Cari Ja s
Financ irector
Michael King
Assistant City Manager
CITY MANAGER' S REPORT PAGE 4
NOVEMBER 18, 2024, CITY COUNCIL SPECIAL MEETING
APPROVE PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT
ENGINEERING, INC. FOR PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
APPROVALS
if/ 13/ 2_02V
I /
Date
IS/ 702,- I
Date
Date
Salvador Navarrete Date
City Attorney
II. ty. 2ozy
ll•14-, vf
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO
APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH PAVEMENT
ENGINEERING, INC. FOR PAVEMENT ASSESSMENT AND MANAGEMENT
SYSTEM AND APPROVE BUDGET AMENDMENT
WHEREAS, the City receives funding for pavement maintenance and rehabilitation projects through the California State Transportation Improvement Program ( STIP). One of the requirements of STIP funding, is that Cities are required to maintain an updated certified Pavement Management System ( PMS); and
WHEREAS, City staff is requesting approval of a Professional Services Agreement with Pavement Engineering Inc., (PEI) to perform an assessment of the City' s existing streets current conditions and update our management system accordingly; and
WHEREAS, the PMS is a tool used to keep a
running list of our City' s streets
current pavement conditions and help plan for a cost- effective repair based on their conditions; and
WHEREAS, it is important to maintain an updated the PMS that can provide the Pavement Condition Indexing ( PCI) of our existing streets. The PCI of a street will determine necessary funding for maintenance based on what type of repair is needed for each individual situation; and
WHEREAS, PEI are pavement engineers and rehabilitation experts, specializing in evaluating, designing, implementing and maintaining asphalt and concrete surfaces for public and private entities throughout the west coast; and WHEREAS, their services are needed to provide a survey and update of the condition of the City' s road system and to assist with the data migration to our existing software; and
WHEREAS, the cost proposal from PEI is $ 105, 000 and staff is asking for a 10% contingency to cover unanticipated costs. The funds for this work is available in Streets Reserves and will be transferred as shown below into the Streets Operating Budget; and
WHEREAS, staff request City Council approve a budget amendment transferring $ 115, 500 from General Fund Street Reserve Fund 1010 to the Local Streets Fund 2080 as follows:
Decrease Street Reserves
1010- 251- 03-0
Increase Transfer Out
1010- 9900-90- 9010
115, 500
115, 500
Increase Transfer In
2080- 9900- 393- 0000
Increase Expenditure
2080- 5- 10- 420- 010
115, 500
115, 500
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Lathrop hereby approves the proposed Professional Services Agreement with Pavement Engineering, Inc., to perform an assessment of the City' s existing street conditions and update our pavement management system; and NOW, THEREFORE, BE IT FUERTHER RESOLVED, that the City Council of the City of Lathrop hereby approves the budget amendment as detailed above.
The foregoing resolution was passed and adopted this 18th day of November 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSTAIN:
ABSENT:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS TO FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney ATTACHMENT " B"
CITY OF LATHROP
AGREEMENT FOR PROFESSIONAL SERVICES WITH
PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
THIS AGREEMENT, dated for convenience this 1r day of November, is by and between Pavement Engineering Inc. ("CONSULTANT") and the City of Lathrop, a California municipal corporation (" CITY");
RECITALS:
WHEREAS, CONSULTANT is specially trained, experienced, and competent to perform Pavement Assessment and Management System, which are required by this agreement; and
WHEREAS, CITY selected the CONSULTANT pursuant to said qualifications; and WHEREAS, CONSULTANT is willing to render such Pavement Assessment and Management System, as hereinafter defined, on the following terms and conditions; NOW, THEREFORE, CONSULTANT and the CITY agree as follows:
AGREEMENT
1) Scope of Service
CONSULTANT agrees to perform Pavement Assessment and Management Systems Services in accordance with the scope of work and fee proposal provided by CONSULTANT, attached hereto as Exhibit " A" and incorporated herein by reference.
CONSULTANT represents it is prepared to and can diligently perform these services in accordance with the upmost standards of its profession and to CITY' Ssatisfaction. The fee proposal shall include all reimbursable costs required for the performance of the Scope of Services. Payment of additional reimbursable costs considered to be over and above those inherent in the original Scope of Services shall be approved of in advance and in writing, by the CITY.
2) Compensation
CITY hereby agrees to pay CONSULTANT a sum not to exceed $ 115, 500 for the Professional Services set forth in Exhibit " A". CONSULTANT shall be paid any uncontested sum due and payable within thirty ( 30) days of receipt of billings containing all information pursuant to Paragraph 5 below. Compensation for any task must be equal to or less than the percentage of task complete. In no event shall CONSULTANT be entitled to compensation for work not included in Exhibit "A", unless a written change order or authorization describing the extra work and payment terms has been executed by CITY' s authorized representative prior to the commencement of the work. Payment is made based on a time and materials basis.
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
3) Effective Date and Term
The effective date of this Agreement is November 18, 2024, and it shall terminate no later than November 30, 2025.
4) Independent Contractor Status
It is expressly understood and agreed by both parties that CONSULTANT, while engaged in carrying out and complying with any of the terms and conditions of this Agreement, is an independent contractor and not an employee of the CITY. As an independent contractor, CONSULTANT is responsible for controlling the means and methods to complete the scope of work described in Exhibit "A" to City' ssatisfaction. CONSULTANT expressly warrants not to represent, at any time or in any manner, that CONSULTANT is an employee of the CITY.
5) Billings
CONSULTANT shall submit invoices for completed work on a monthly basis, or as otherwise agreed, providing without limitation, details as to amount of hours, individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work is attributable. CONSULTANT' Sbills shall include a list of all tasks, a total amount due, the amounts previously billed, and the net amount due on the invoice. Except as specifically authorized by CITY, CONSULTANT shall not bill CITY for duplicate services performed by more than one person. In no event shall CONSULTANT submit any billing for an amount in excess of the rates or the maximum amount of compensation provided in section ( 2) for either task or for the entire Agreement, unless modified by a properly executed change order.
6) Advice and Status Reporting
CONSULTANT shall provide the CITY with timely reports, orally or in writing, of all significant developments arising during performance of its services hereunder, and shall furnish to CITY such information as is necessary to enable CITY to monitor the performance of this Agreement.
CONSULTANT shall submit to CITY such reports, diagrams, drawings and other work products developed pursuant to the Scope of Services.
7) Assignment of Personnel
CONSULTANT acknowledges that the CITY has relied on CONSULTANT' s capabilities
and on the qualifications of CONSULTANT' s
principals and staff as identified in its
proposal to CITY. The services shall be performed by, or under the direct supervision, of CONSULTANT' sAuthorized Representative: Joseph L Ririe. CITY shall be notified by CONSULTANT of any change of its Authorized Representative, and CITY is granted the right of approval of all original, additional, and replacement personnel at CITY' ssole
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
discretion,
project staff
and
prior
shall
to any
be
change.
notified by CONSULTANT of any changes of CONSULTANT' s
CONSULTANT shall assign only competent personnel to perform services pursuant to this Agreement. If CITY asks CONSULTANT to remove a person assigned to the work called for under this Agreement, CONSULTANT agrees to do so immediately, without requiring the City to process a reason or explanation for its request. 8) Assignment and Subcontracting
It is recognized by the parties hereto that a substantial inducement to CITY for entering into this Agreement was, and is, the professional reputation and competence of CONSULTANT. Neither this Agreement nor any interest therein may be assigned by CONSULTANT without the prior written approval of CITY' S authorized representative.
CONSULTANT shall not subcontract any portion of the performance contemplated and provided for herein, other than the subcontractors noted in the proposal, without prior written approval of the CITY' Sauthorized representative. 9) Insurance
On or before beginning any of the services or work called for by any term of this Agreement, CONSULTANT, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY. CONSULTANT shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONSULTANT has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution. a) Workers' Compensation. CONSULTANT shall, at CONSULTANT' Ssole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONSULTANT. Said Statutory Workers' Compensation Insurance and Employer' s Liability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONSULTANT may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONSULTANT, if a program of self- insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement.
b) Commercial General and Automobile Liability Insurance. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars ($ 1, 000,0) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ( ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, agents, and volunteers are to be covered as insured with respect to each of the following: liability arising out of activities performed by or on behalf of CONSULTANT, including the insider' s general supervision of CONSULTANT; products and completed operations of CONSULTANT; premises owned, occupied or used by CONSULTANT. The coverage shall contain no special limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage.
iv) Any failure of CONSULTANT to comply with reporting provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers.
v) Insurance is to be placed with California - admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
c) Professional Liability. CONSULTANT, at CONSULTANT' Sown cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than Two Million Dollars ($ 2, 000,0) per claim made and per policy aggregate covering the licensed professionals' errors and omissions, as follows:
i) Any deductible or self -insured retention shall not exceed $ 150, 00 per claim.
ii) Notice of cancellation, material change, or non -renewal must be received by the CITY at least thirty days prior to such change shall
f)
CITY OF LATHROP - PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
be included in the coverage or added as an endorsement to the policy.
iii) The policy must contain a cross liability or severability of interest clause.
iv) The following provisions shall apply if the professional liability coverages are written on a claims made form:
1. The retroactive date of the policy must be shown and must be before the date of the Agreement.
2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially
available at reasonable rates.
3. If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a retroactive date that precedes the date of this Agreement, CONSULTANT
must provide extended reporting coverage for a minimum of five years after completion of the Agreement or the work.
The CITY shall have the right to exercise at the
CONSULTANT' Scost, any extended reporting provisions of the policy should the CONSULTANT cancel or not renew
the coverage.
4. A copy of the claim reporting requirements must be
submitted to the CITY prior to the commencement of any
work under this Agreement.
d) Deductibles and Self -Insured Retentions. CONSULTANT shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, upon express written authorization of the CITY' s authorized representative, CONSULTANT may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY' sauthorized representative may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONSULTANT procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
e) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or (c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONSULTANT shall provide written notice to CITY at CONSULTANT' Searliest possible opportunity and in no case later than five days after CONSULTANT is notified of the change in coverage.
In addition to any other remedies CITY may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
CITY OF LATHROP - PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
i) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONSULTANT to stop work under this Agreement or withhold any payment which becomes due to CONSULTANT
hereunder, or both stop work and withhold any payment, until CONSULTANT demonstrates compliance with the requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONSULTANT' Sbreach.
10) Indemnification - CONSULTANT' SResponsibility
As to the CONSULTANT' Swork hereunder, it is understood and agreed that ( a) CONSULTANT has the professional skills necessary to perform the work, (b) CITY relies upon the professional skills of CONSULTANT to perform the work in a skillful and professional manner, and ( c) CONSULTANT thus agrees to so perform.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said CONSULTANT from such professional responsibility for the work performed. It is further understood and agreed that CONSULTANT is apprised of the scope of the work to be performed under this Agreement and CONSULTANT agrees that said work can and shall be performed in a fully competent manner in accordance with the standard of care applicable to CONSULTANT' Sprofession.
CONSULTANT shall indemnify, defend, and hold CITY, its officers, employees, agents, and volunteers harmless from and against any and all liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused by the willful misconduct or negligent acts or omissions of CONSULTANT, its employees, subcontractors, or agents, or on account of the performance or character of this work, except for any such claim arising out of the negligence or willful misconduct of the CITY, its officers, employees, agents, or volunteers.
It is understood that the duty of CONSULTANT to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance of insurance certificates and endorsements required under this Agreement does not relieve CONSULTANT from liability under this indemnification and hold harmless clause.
This indemnification and hold harmless clause shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.
11) Licenses
If a license of any kind, which term is intended to include evidence of registration, is required of CONSULTANT, its employees, agents, or subcontractors by federal or state
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
law, CONSULTANT warrants that such license has been obtained, is valid and in good standing, and CONSULTANT shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.
12) Business Licenses
CONSULTANT shall obtain and maintain a CITY of Lathrop Business License until all Agreement services are rendered and accepted by the CITY. 13) Termination
Either CITY or CONSULTANT may cancel this Agreement upon 30 days written notification to the other party. Upon termination, or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONSULTANT to CITY within ten ( 10) calendar days.
14) Funding
CONSULTANT agrees and understands that renewal of this agreement in subsequent years is contingent upon action by the City Council consistent with the appropriations limits of Article XIII ( B) of the California Constitution and that the Council may determine not to fund this agreement in subsequent years.
15) Notices
All contracts, appointments, approvals, authorizations, claims, demands, Change Orders, consents, designations, notices, offers, requests and statements given by either party to the other shall be in writing and shall be sufficiently given and served upon the other party if ( 1) personally served, (2) sent by the United States mail, postage prepaid, ( 3) sent by private express delivery service, or (4) in the case of a facsimile transmission, if sent to the telephone FAX number set forth below during regular business hours of the receiving party and followed with two ( 2) Days by delivery of a hard copy of the material sent by facsimile transmission. Personal service shall include, without limitation, service by delivery and service by facsimile transmission.
g)
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
To City:
Copy to:
To Consultant:
16) Miscellaneous
City of Lathrop
City Clerk
390 Towne Centre
Lathrop, CA 95330
City of Lathrop
Department of Public Works
390 Towne Centre
Lathrop, CA 95330
MAIN: ( 209) 941- 7430
FAX: ( 209) 941- 7449
Pavement Engineering, Inc.
3485 Sacramento Dr. Ste A
San Luis Obispo, CA 93401- 7156
FED ID # 68- 0461866
Bus License #
a) Consent. Whenever in this Agreement the approval or consent of a party is required, such approval or consent shall be in writing and shall be executed by a person having the express authority to grant such approval or consent. b) Contract Terms Prevail. All exhibits and this Agreement are intended to be construed as a single document. Should any inconsistency occur between the specific terms of this Agreement and attached exhibits, the terms of this Agreement shall prevail.
c) Controlling Law. The parties agree that this Agreement shall be governed and construed by and in accordance with the Laws of the State of California. d) Definitions. The definitions and terms are as defined in these specifications. e) Force Majeure. Neither party shall be deemed to be in default on account of any delay or failure to perform its obligations under this Agreement, which directly results from an Act of God or an act of a superior governmental authority. f) Headings. The paragraph headings are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part of this Agreement.
Incorporation of Documents. All documents constituting the Agreement documents described in Section 1 hereof and all documents which may, from time to time, be referred to in any duly executed amendment hereto are by such
CITY OF LATHROP - PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
reference incorporated in the Agreement and shall be deemed to be part of this Agreement.
h) Integration. This Agreement and any amendments hereto between the parties constitute the entire Agreement between the parties concerning the Project and Work, and there are no other prior oral or written agreements between the parties that are not incorporated in this Agreement.
i)
j )
Modification of Agreement. This Agreement shall not be modified or be binding upon the parties unless such modification is agreed to in writing and signed by the parties.
Ownership of Documents. All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not in final form, which have been obtained or prepared under this Agreement, shall be deemed the property of the CITY. Upon CITY' srequest, CONSULTANT shall allow CITY to inspect all such documents during the CONSULTANT' sregular business hours.
k) Provision. Any agreement, covenant, condition, clause, qualification, restriction, reservation, term or other stipulation in the Agreement shall define or otherwise control, establish or limit the performance required or permitted or to be required of or permitted by either party. All provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions.
I) Severability. The invalidity in whole or part of any provision of this Agreement shall not void or affect the validity of any other provision of this agreement. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the provisions of this Agreement not so affected shall remain in full force and effect.
m)
P)
Status of CONSULTANT. In the exercise of rights and obligations under this Agreement, CONSULTANT acts as an independent contractor and not as an agent or employee of CITY. CONSULTANT shall not be entitled to any rights and benefits accorded or accruing to the City Council members, officers or employees of CITY, and CONSULTANT expressly waives any and all claims to such right and benefits.
Successors and Assigns. The provisions of this Agreement shall inure to the benefit of, and shall apply to and bind, the successors and assigns of the parties.
Time of the Essence. Time is of the essence of this Agreement and each of its provisions. In the calculation of time hereunder, the time in which an act is to be performed shall be computed by excluding the first Day and including the last. If the time in which an act is to be performed falls on a Saturday, Sunday or any Day observed as a legal holiday by CITY, the time for performance shall be extended to the following Business Day.
Venue. In the event that suit is brought by either party hereunder, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Joaquin or in the United States District Court for the Eastern
CITY OF LATHROP — PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
District of California.
q) Recovery of Costs. The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs, including reasonable attorney' sfees, incurred or expended in connection with such action against the non - prevailing party.
17) Notice to Proceed
Prior to commencing work under this agreement, CONSULTANT shall receive a written Notice to Proceed" from CITY. A Notice to Proceed shall not be issued until all necessary bonds and insurances have been received. City shall not be obligated to pay CONSULTANT for any services prior to issuance of the Notice to Proceed. 18) Signatures
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
CITY OF LATHROP - PAVEMENT ENGINEERING INC.
TO PROVIDE PAVEMENT ASSESSMENT AND MANAGEMENT SYSTEM
Approved as to Form:
Recommended for Approval:
Approved by:
Consultant:
City of Lathrop
City Attorney
Y, Lo Lt(
Salvador Navarrete Date
City of Lathrop
Assistant City Manager
Michael King Date
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Stephen J. Salvatore Date
City Manager
Pavement Engineering, Inc.
3485 Sacramento Dr. Ste A
San Luis Obispo, CA 93401- 7156
FED ID # 68- 0461866
Bus License #
Signature Date
Print Name and Title
Exhibit "A"
0 Pavement Engineering Inc.
August 23, 2024 MP24- 486
Leisser Mazariegos
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Subject: Pavement Assessment and Management System
Dear Leisser:
We' ve enjoyed working with the City on past pavement maintenance projects and appreciate the City' s efforts to maintain it' s assets in a serviceable, safe condition.
Per our meeting on August 13, we are submitting this proposal to update the City' s Pavement
Management System. Within the scope of the proposal you will also find additional options for PEI to provide StreetSaver® training, a " Brown Bag" lunch / Pavement 101, and help develop a multi -year pavement maintenance plan for the City.
The scope of work and our cost for these services are outlined below.
BACKGROUND
The City of Lathrop maintains 92 centerline miles of road. In 2017, the City contracted with PEI to update their Pavement Management System using MTC' sStreetSaver® program. The City has not updated their Pavement Management System since that time and does not have a regular maintenance plan in place. The City reached out to Pavement Engineering, Inc. (PEI) to request assistance to bring the plan up to date and provide a maintenance program. In addition, City Staff requested training to help staff maintain the updated program. PEI is proposing to assist the City of Lathrop in completing this update.
SCOPE OF WORK
Task 1: Initial Planning and Kick- off Meeting
PEI will schedule a kick- off meeting with City staff to discuss project goals and expectations. Some items of discussion may include:
The scope of work, schedule and budget;
Existing pavement data, GIS files and drawings;
Addition of new streets, roadways and functional classifications; Current and past pavement maintenance history and budgets; Desired pavement service levels;
Quality control approach;
Safety, field work access and public notifications;
Leisser Mazariegos
M P24- 486
August 23, 2024
PEI personnel and project contacts;
The format of deliverables.
Reviewing these items prior to beginning work will help establish objectives and will save financial resources for actual pavement preservation.
PEI will meet with City staff at least three times throughout the project to coordinate and review specific project progress, address schedules, budgets and other items of business to ensure the work performed meets performance goals. Our objective is to deliver a quality project on time and on budget but also make sure City staff knows where we are at all times throughout the project
Task 2: Visual Evaluation of Pavement Condition and Quality Control PEI will manually inspect all 92 centerline miles of the City' s streets using MTC' s inspection procedures and will measure and evaluate the following pavement distresses: alligator cracking, block cracking, distortions, patches/ utility cuts, rutting/ depressions, longitudinal and transverse cracking, and weathering/ raveling.
The assessment will conform to ASTM Standard D 6433 standards. PEI' sinspectors are certified by MTC for quality and consistency and attend annual training to keep abreast of changes and hone skills.
PEI will assign a Pavement Condition Index ( PCI) for each street segment per StreetSaver® criteria and supported by PEI' s quality assurance standards, which are designed to ensure accuracy and consistency.
During the field review, PEI will use a vehicle -mounted digital measuring device to measure the length of each street segment and a hand-eld wheel to measure the width. Precise measurements are key to accurate cost projections, which are calculated based on pavement area.
PEI will sample locations on random test sites of ± 2, 500 sf and will annotate the sample location on our 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.
At PEI we strive for accuracy and precision, so our Quality Control Plan compares the latest PCI' s of newly rated street segments to prior PCI' sfrom the last PMS update.
Street segments with PCI' sthat have increased in PCI, without any maintenance and rehabilitation, and street segments with PCI' s that have dropped more than 3 PCI points per year, since their last rating, will be identified and reviewed in the field by an engineer or senior engineering technician. At PEI, we strive for a +/- 5 PCI points when comparing initial ratings versus QC ratings. Any segment that exhibits a PCI Z:\ Shared\ R Drive\ Admin\ Text\ Marketing\ Proposals\ Proposals2024\ MP24- 486 Lathrop ( PMP)\ M24- 486. docx Leisser Mazariegos
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difference outside of the + 1- 5 PCI points, will be re -rated by an engineer or a senior engineering technician. We will review a minimum of 10% of the segments as part of the QC review.
To ensure safety during the visual evaluation, PEI will provide its inspectors with reflective safety vests and will provide traffic control using a flashing beacon and a vehicle -mounted magnetic sign warning of frequent stops.
Task 3: Data Input
PEI will input all the data collected during the visual evaluations in the City' s StreetSaver database using MTC' s Mobile Rater. To make sure any analysis is consistent with the use of recommended maintenance and rehabilitation strategies, PEI will review the City' scurrent street segmentation and how the roads are being used. Our goal is to develop the most accurate database possible, one that will manifest in better and more precise recommendations and projections.
In addition, PEI can review the functional classifications of streets in its system to determine if they comply with Caltrans specifications and are therefore eligible for future federal funding. We can compare each road section contained in the updated PMS database with the California Road System ( CRS) maps found on the Caltrans website to verify functional classification accuracy.
PEI will also review both the StreetSaver® Decision Tree and PCI breakpoint table with the City to verify recommended treatments and associated unit prices to ensure costs being used by the program are current and reflect the construction costs the City is seeing. Revised information will be updated in StreetSaver®.
Task 4: Draft Report and Budget Recommendations
Once the visual evaluations are finished and the StreetSaver® database is completely updated, PEI will run reports that forecast the PCI based on proposed treatments.
This effort provides feedback for the treatment decisions necessary to achieve the City' sgoals.
Our analysis will demonstrate what the City can expect for their overall pavement condition based on current and proposed future funding levels. If shortfalls exist, PEI will recommend preventative maintenance strategies to improve and maintain the City' s street system within budgetary constraints. PEI has the knowledge and experience to assist the City in evaluating appropriate options and explore treatments and value engineering techniques to accomplish their objectives.
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Task 5: Final Report and Council Presentation
PEI will prepare one copy of the final report in PDF format for the City' s use. The report will include:
Executive summary
Budget needs scenarios
Network replacement costs
Proposed future budget levels
Budget scenarios including
a scenario to maintain roadways at the existing PCI;
a scenario to increase the current PCI by 5 points; and a scenario to show the potential PCI for roadways over five years using current funding levels.
A section description report for all street segments
Street sections selected for recommended treatments during the next five years Maps illustrating the PCI of the City
Task 6: StreetSaver® Training ( Optional)
StreetSaver® is a very useful tool to help manage and maintain your roadway network.
PEI will provide training on how to utilize StreetSaver® to help prioritize, manage, and maintain the City' sroadway network. We anticipate this training to be two, two hour virtual sessions. Prior to the training, PEI will discuss and agree on the training topics that will be presented.
Task 7: Brown Bag Lunchtime Training Session / Pavement 101 ( Optional) PEI will meet with City Staff and provide a tutorial on asphalt pavement, how they deteriorate, how they are rated, the effects of loading and weathering, types of maintenance and rehabilitation treatments, management principles and design techniques. The brown bag lunch will be on -site. The City will provide lunch to the attendees.
Task 8: Multi -Year Plan ( Optional)
PEI will meet with City Staff and develop a multi -year paving plan. This will assist the City in ways to strategically manage the pavement maintenance based on current and future budget scenarios.
PEI will work with City staff to identify and prioritize annual asphalt concrete preventative maintenance and rehabilitation treatments on a street by street or neighborhood by neighborhood basis and make recommendations based on a critical - point approach that incorporates pavements from all parts of the deterioration curve, not just the best nor just the worst. This approach optimizes every budget dollar by seeking to apply the right treatment at the right time: not too soon and not too late.
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Using StreetSaver® and working with City staff, we determine ( forecast) the best maintenance and rehabilitation approach for the next three to five years that will maintain the overall PCI at a level set by the City. We will do this by performing a budget analysis using several scenarios that will help the City evaluate various budget strategies. StreetSaver® GIS mapping will be used to visually illustrate these impacts.
SCHEDULE
We anticipate Tasks 1 through 5 will take six to eight weeks. The schedule may vary depending upon rain days. Tasks 6 through 7 will follow as needed. PEI will be ready to begin the project shortly after contracts have been signed, and we receive a notice to proceed.
FEES
Our fees for performing the outlined work for Tasks 1 through 5 will be $ 71, 335. The fees for the optional work, Tasks 6 through 7, are $ 32, 030. If all Tasks are selected, our total fees will be $ 103, 365. Our fees are summarized in the enclosed fee breakdown. We will invoice monthly according to the percentage of completed work. All costs associated with this project are subject to final negotiation with the City of Lathrop. The enclosed proposal conditions apply.
We value our relationship with the City of Lathrop and will continue our commitment to provide our services with honesty, trust and professionalism. As our slogan says, "You can ride on our reputation." Please don' t hesitate to contact me with any questions you may have regarding this proposal.
Very truly your
PAVE NT EERING INC.
s- : . Ririe, P. E.
Senior Principal Engineer
Enclosures: Fee Schedule Breakdown
Proposal Conditions
pc: C File
M File
MP File S/ P/ R
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FEE BREAKDOWN SCHEDULE
FOR THE
CITY OF LATHROP
2024 CITYWIDE PAVEMENT MANAGEMENT SYSTEM UPDATE
Task 1 - Initial Planning & Kick- offMeeting
Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
3 3
8 270
215
165
Task 1 fee
810;
645:
1, 320
2, 775
Task 2 - Pavement Condition Surveys and Quality Control Position Units Unit Rate Total
Project Manager
PMS Data Technician
PMS Inspection Team
PMS Quality Control
Per diem
107
40 11
14 165
110
220
215
350
Task 2 fee
1, 815'''.
2,00:
23, 540
8, 600
4, 900'
41, 055
Task 3- Data Input and Decision Tree Update
Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
PMS Data Technician
PMS Clerical
6 6
17 33
4 270
215
165
110
85 Task 3 fee
1, 620
1, 290
2, 805
3, 630'
340
9, 685
Task 4 - Budget Analysis, Funding Scenarios, & Draft Report Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
PMS Data Technician
PMS Clerical
4 4
11 33
4 270
215
165
110
85 Task4fee
1, 080'..
860
1, 815
3, 630
340
7,25
Task 5 - Final Report & City Council Presentation
Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
PMS Data Technician
PMS Clerical
9 9
18 22
4 270
215
165
110
85 Task 5 fee
2, 430
1, 935
2, 970
2, 420
340
10, 095
Task 1-5 Estimated Fees) $ 71, 335
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FEE BREAKDOWN SCHEDULE
FOR THE
CITY OF LATHROP
2024 CITYWIDE PAVEMENT MANAGEMENT SYSTEM UPDATE
Continued)
Task 6 — Multi -Year Pavement Plan ( Optional)
Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
PMS Data Technician
PMS Clerical
8 8
15 45
5 270
215
165
110
85 Task 6 fee
2, 160,
1, 720
2, 475
4, 950
425'
11, 730
Task 7 - StreetSaver Training and On -Call StreetSaver Support for 1 Year ( Optional) Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
PMS Data Technician
10 10
30 60
270
215
165
110
Task 7 fee
2, 700,
2, 150
4, 950
6,00
16, 400
Task 8 - Pavement 101 Training ( Brown Bag) (Optional)
Position Units Unit Rate Total
Principal Engineer
Associate Engineer
Project Manager
6 6
270
215
165
Task 8 fee
1, 620:
1290,
990
3, 900
Task 1-8 Estimated Fees', $ 103, 365
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PROPOSAL CONDITIONS
1. Proposal is valid for thirty days from the date of the proposal.
2. All work shall be performed utilizing common methods and practices of the civil engineering profession.
3. Fees for Lump Sum or Unit Price Proposals will be charged at the quoted price.
Fees for Engineering and PMS Technical Services on a Time and Materials Basis will be charged at the applicable hourly rates of the current PEI PMS Fee Schedule.
4. The proposal is based upon providing liability insurance with limits up to 1, 000,00.
5. One copy of a PMS Final Report will be provided to the Owner. Additional copies are $ 50 each.
6. Payment: Invoices will be submitted on a monthly basis. All invoices are due within 30 days. Attorney' sfees or other costs incurred in collecting any delinquent amount shall be paid by the client.
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