HomeMy WebLinkAbout25E - AGMT PAVEMENT MANAGEMENT PROGRAM SERVICESREQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
OCTOBER 17, 2017
TITLE:
APPROVE AN AGREEMENT WITH NICHOLS
CONSULTING ENGINEERS FOR PAVEMENT
MANAGEMENT PROGRAM SERVICES
(PROJECT 18-6898)
(STRATEGIC PLAN NOS. 6, 1A & 1F)
C^ MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
❑ As Recommended
❑ As Amended
❑ Ordinance on 1" Reading
❑ Ordinance on od Reading
❑ Implementing Resolution
❑ Set Public Hearing For
CONTINUED TO
FILE NUMBER
Authorize the City Manager and Clerk of the Council to execute an agreement with Nichols Consulting
Engineers to provide pavement management consultant services, for the two-year term beginning
October, 17, 2017, and expiring October 16, 2019, with an option for a one-year extension exercisable by
the City Manager and City Attorney, for a total amount not to exceed $94,105, including a 10 percent
contingency, subject to nonsubstantive changes approved by the City Manager and City Attorney.
DISCUSSION
Approval of this recommended action will allow the City to retain professional services for updating the
City's Pavement Management Program (PMP). The PMP is an essential tool in determining the condition,
expected life, recommended improvements, and associated costs of the City's pavement assets. The
program enables the City to prioritize pavement rehabilitation projects where they are most cost effective.
In addition, an updated PMP is required for the City to remain eligible for Orange County Transportation
authority (OCTA) Measure M2 funding programs, and to allow a reduced local match requirement for
using those funds.
On August 15, 2017, the Public Works Agency released a Request for Proposals (RFP) on the City's
website for updating the City's Pavement Management Program. Three proposals were received on
September 7, 2017. The proposals were evaluated and ranked by a review committee comprised of
personnel from the Public Works Agency. Ranking criteria included firm and personnel experience,
understanding of need, relevant project experience, references, and schedule. The rating of the firms is
as follows:
NAME OF FIRM RATING
NCE (Nichols Consulting Engineers) 94.0
Bucknam Infrastructure Group, Inc. 87.0
Fugro Roadware, Inc. 80.0
25E-1
Agreement with NCE (Nichols Consulting Engineers)
Pavement Management Consulting Services
October 17, 2017
Page 2
The proposal by NCE contains adequate labor efforts to complete the required services. The firm's rates
are reasonable and within industry standard, the team qualifications are appropriate for this program, and
the proposal was found to provide the best value for the City. The proposed fee, in the amount of
$85,550, plus a ten percent contingency of $8,555, yields a recommended not -to -exceed total contract
amount of $94,105 (Exhibit 1).
A large proportion of the work under this agreement involves individual street assessments in the field,
and most of that work will take place during the current fiscal year. However, the firm must be retained
thru 2019 for revisions to the Pavement Management analysis that may be requested by OCTA, or by
State and Federal grant funding agencies, as needed, in order to assure the City maintains maximum
funding eligibility.
STRATEGIC PLAN ALIGNMENT
Approval of this item supports the City's efforts to meet Goal #6 - Community Facilities & Infrastructure,
Objective #1 (establish and maintain a Community Investment Plan for all City assets), Strategy A
(develop a complete inventory of all assets to determine the scope of improvements needed to sustain the
City's current infrastructure investment), and Strategy F (perform periodic measurements to monitor and
update each asset's condition and ensure adequate funding for repair and/or replacement costs in future
budgets),
ENVIRONMENTAL IMPACT
There is no environmental impact associated with this action.
FISCAL IMPACT
Funding in the amount of $94,105 is available in the approved Fiscal Year 2017-18 Capital Improvement
Program (Project No. 18-6898), from the Measure M2 Program (Account No. 03217662-66220), for
estimated expenditure as follows:
1 2019/20 1 $2,1051
TOTAL:
'Freidf Mousavipour
Executive Director
Public Works Agency
FM/EWG/JG/KN
APPROVED AS TO FUNDS AND ACCOUNTS:
ntiM ns tae �� L�l��db•
Francisco Gutierrez
Executive Director
Finance & Management Services Agency
Exhibit: 1. Agreement for Pavement Management Consultant Services
25E-2
AGREEMENT TO PROVIDE PAVEMENT MANAGEMENT PROGRAM UPDATE
THIS AGREEMENT is made and entered into this 17th day of October, 2017 by and between
NCE (Nichols Consulting Engineers or "Consultant"), and the City of Santa Ana, a charter city
and municipal corporation organized and existing under the Constitution and laws of the State of
California ("City").
RECITALS
A. On August 15, 2017, the City issued Request for Proposal No. 17-092, by which it sought
consultants to perform pavement condition surveys and budgetary analysis as part of the
update to the City's Pavement Management Program and in accordance with the guidelines
by the Orange County Transportation Authority.
B. Consultant submitted a responsive proposal that was selected by the City. Consultant
represents that it is able and willing to provide the services as described in the scope of
work that was included in RFP No. 17-092 and attached as Exhibit A to this Agreement,
C. In undertaking the performance of this Agreement, Consultant represents that it is
knowledgeable in its field and that any services performed by Consultant under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the
terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
Consultant shall perform the services that are described in Exhibit A. Consultant's
proposal is incorporated by reference as though fully set forth herein.
2. COMPENSATION
a. City agrees to pay, and Consultant agrees to accept as. total payment for its services
under this Agreement, the rates and charges identified in Exhibit B. The total sum to
be expended under the term of this Agreement, including any extension periods, shall
not exceed $94;105. This amount is comprised of (1) the base sum of $85,550 and (2)
a 10% contingency of $8,555 for services to be performed at the sole discretion of the
City.
b. Payment by City shall be made within forty-five (45) days following receipt of proper
invoice evidencing work performed, subject to City accounting procedures. Payment
need not be made for work which fails to meet the standards of performance set forth
in the Recitals which may reasonably be expected by City.
Exhibit 1
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25E-3
3. TERM
This Agreement shall commence on the date first written above and terminate on October
16,-.2019, unless otherwise terminated earlier in accordance with Section 16. The term of this
Agreement may be extended for one additional I -year period upon a writing executed by the City
Manager and the City Attorney.
PREVAILING WAGES
Consultant is aware of the requirements of California Labor Code Section 1720, et seq.,
and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq.,
("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the
performance of other requirements on "public works" and "maintenance" projects. Ifthe services
being performed are part of an applicable "public works" or "maintenance" project, as defined by
the Prevailing Wage Laws, and the total compensation is $1,000 or more, Consultant agrees to
fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the
City, its elected officials, officers, employees and agents free and harmless from any claim or
liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
5. INDEPENDENT CONSULTANT
Consultant shall, during the entire term of this Agreement, be construed to be an
independent consultant and not an employee of the City. This Agreement is not intended nor shall
it be construed to create an employer-employee relationship, a joint venture relationship, or to
allow the City to exercise discretion or control over the professional manner in which Consultant
performs the services which are the subject matter of this Agreement; however, the services to be
provided by Consultant shall be provided in a manner consistent with all applicable standards and
regulations governing such services. Consultant shall pay all salaries and wages, employer's social
security taxes, unemployment insurance and similar taxes relating to employees and shall be
responsible for all applicable withholding taxes.
6. OWNERSHIP OF MATERIALS
This Agreement creates a non-exclusive and perpetual license for City to copy, use,
modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property
embodied in plans, specifications, studies, drawings, estimates, and other documents or works of
authorship fixed in any tangible medium of expression, including but not limited to, physical
drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or
caused to be prepared by Consultant under this Agreement ("Documents & Data"). Consultant
shall require all subconsultants to agree in writing that City is granted a non-exclusive and
perpetual license for any Documents & Data the subconsultant prepares under this Agreement.
Consultant represents and warrants that Consultant has the legal right to license any and all
Documents & Data. Consultant makes no such representation and warranty in regard to
Documents & Data which were provided to Consultant by the City. City shall not be limited in
any way in its use of the Documents and Data at any time, provided that any such use not within
the purposes intended by this Agreement shall be at City's sole risk.
Page 2 of 8
25E-4
7. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall maintain
and shall require its subconsultants, if any, to obtain and maintain insurance as described below:
a. Commercial General Liability Insurance. Consultant shall maintain commercial
general liability insurance naming the City, its officers, employees, agents,
volunteers and representatives as additional insured(s) and shall include, but not be
limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act
or occurrence arising out of Consultant's operations in the performance of this
Agreement, including, without limitation, acts involving vehicles. The amounts of
insurance shall be not less than the following: single limit coverage applying to
bodily and personal injury, including death resulting therefrom, and property
damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the
aggregate. Such insurance shall (a) name the City, its officers, employees, agents,
and representatives as additional insured(s); (b) be primary and not contributory
with respect to insurance or self-insurance programs maintained by the City; and
(c) contain standard separation of insureds provisions.
b. Business automobile liability insurance, or equivalent form, with a combined single
limit of not less than $1,000,000 per occurrence. Such insurance shall include
coverage for owned, hired and non -owned automobiles.
C. Worker's Compensation Insurance. In accordance with the provisions of Section
3700 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-
insurance. Prior to commencing the performance of the work under this
Agreement, Consultant agrees to obtain and maintain any employer's liability
insurance with limits not less than $1,000,000 per accident.
d. If Consultant is or employs a licensed professional such as an architect or engineer:
Professional liability (errors and omissions) insurance, with a combined single limit
of not less than $1,000,000 per claim with $2,000,000 in the aggregate.
e. The following requirements apply to the insurance to be provided by Consultant
pursuant to this section:
i. Consultant shall maintain all insurance required above in full force and
effect for the entire period covered by this Agreement.
ii. Certificates of insurance shall be fiunished to the City upon execution of
this Agreement and shall be approved by the City.
iii. Certificates and policies shall state that the policies shall not be canceled or
reduced in coverage or changed in any other material aspect without thirty
(3 0) days prior written notice to the City.
iv. Consultant shall supply City with a fully executed additional insured
endorsement.
f. If Consultant fails or refuses to produce or maintain the insurance required by this
section or fails or refuses to furnish the City with required proof that insurance has
Page 3 of 8
25E-5
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification
of termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the
City.
8. INDEMNIFICATION
Consultant agrees to defend, and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability: (1) forpersonal
injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for
personal injury, including death, and claims for property damage, which may arise from the
negligent operations of the Consultant, its subconsultants, agents, employees, or other persons
acting on its behalf which relates to the services described in section 1 of this Agreement; and (2)
from any claim that personal injury, damages, just compensation, restitution, judicial or equitable
relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and
hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial
or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in
this Section or by reason of the terms of, or effects, arising from this Agreement. The Consultant
further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including
fees and costs for special counsel to be selected by the City, regarding any action by a third party
challenging the validity of this Agreement, or asserting that personal injury, damages, just
compensation, restitution, judicial or equitable relief due to personal or property rights arises by
reason of the terms of, or effects arising from this Agreement. City may make all reasonable
decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing,
to the extent Consultant's services are subject to Civil Code Section 2782.8, the above indemnity
shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
9. INTELLECTUAL PROPERTY INDEMNIFICATION
Consultant shall defend and indemnify the City, its officers, agents, representatives, and
employees against any and all liability, including costs, for infringement of any United States'
letters patent, trademark, or copyright infringement, including costs, contained in the work product
or documents provided by Consultant to the City pursuant to this Agreement.
10. RECORDS
Consultant shall keep records and invoices in connection with the work to be performed
under this Agreement. Consultant shall maintain complete and accurate records with respect to
the costs incurred under this Agreement and any services, expenditures, and disbursements
charged to the City for a minimum period of three (3) years, or for any longer period required by
law, from the date of final payment to Consultant under this Agreement. All such records and
invoices shall be clearly identifiable. Consultant shall allow a representative of the City to
examine, audit, and make transcripts or copies of such records and any other documents created
pursuant to this Agreement during regular business hours. Consultant shall allow inspection of all
work, data, documents, proceedings, and activities related to this Agreement for a period of three
Page 4 of S
25E-6
(3) years from the date of final payment to Consultant under this Agreement.
11. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant agrees that
it shall not use or disclose such information except in the performance of this Agreement, and
further agrees to exercise the same degree of care it uses to protect its own information of like
importance, but in no event less than reasonable care. "Confidential Information" shall include all
nonpublic information. Confidential information includes not only written information, but also
information transferred orally, visually, electronically, or by other means, Confidential
information disclosed to either party by any subsidiary and/or agent of the other party is covered
by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the
Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant
without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e)
is independently developed by the Consultant without reference to information disclosed by the
City.
12. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests, direct
or indirect, which would conflict in any manner with performance of services. Conflict may be
further specified in Certifications - Exhibit C, attached hereto and incorporated in this Agreement
by reference.
Consultant shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities. Consultant affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations and as further specified in
Certifications - Exhibit C, attached hereto and incorporated in this Agreement by reference.
14. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City and
Consultant, and supersedes any and all other agreements, oral or written, between the parties. In
the event of a conflict between'the terns of this Agreement and any attachments hereto, the terms
of this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the.City and by an authorized representative of Consultant. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Consultant or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which is not embodied herein.
Page 5 of 8
25E-7
15. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of Consultant,
Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without
the City's prior written consent shall be considered null and void. Nothing in this Agreement shall
be construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Consultants retained by City.
16. TERMINATION
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Consultant shall be entitled to receive and the City shall pay Consultant
compensation for all services performed by Consultant prior to receipt of such notice of
termination, subject to the following conditions:
a. As a condition of such payment, the Executive Director may require Consultant to
deliver to the City all work product(s) completed as of such date, and in such case
such work product shall be the property of the City unless prohibited by law, and
Consultant consents to the City's use thereof for such purposes as the City deems
appropriate.
b. Payment need not be made for work which fails to meet the standard of
performance specified in the Recitals of this Agreement.
17. WAIVER
No waiver of breach, failure of any condition, or any right or remedy contained in or granted by
the provisions of this Agreement shall be effective unless it is in writing and signed by the party
waiving the breach, failure, right or remedy. No waiver of any breach, failure or right, or remedy
shall be deemed a waiver of any other breach, failure, right or remedy, whether or not similar, nor
shall any waiver constitute a continuing waiver unless the writing so specifies.
18. JURISDICTION - VENUE
This Agreement has been executed -and delivered in the State of California and the validity,
interpretation, performance, and enforcement of any of the clauses of this Agreement shall be
determined and governed by the laws of the State of California. Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
19. PROFESSIONAL LICENSES
Consultant shall, throughout the tern of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and
in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and
Page 6 of 8
25E-8
exemptions. Said inability shall because for termination of this Agreement.
20. MISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature herein below has the
power, authority and right to bind their respective parties to each of the terms of
this Agreement, and shall indemnify City fully, including reasonable costs and
attorney's fees, for any injuries or damages to City in the event that such authority
or power is not, in fact, held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully
set forth in the body of this Agreement.
21. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this Agreement
shall be in writing and shall be deemed to be properly given if delivered in person or mailed by
fust class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in
the manner provided in this Section, to the following persons:
To City:
Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
Fax: 714= 647-6956
With courtesy copies to:
Fred Mousavipour
Executive Director, Public Works Agency
City of Santa Ana
20 Civic Center Plaza (M-21)
P.O. Box 1988
Santa Ana, California 92702
Fax: 714- 647-5635
To Consultant:
NCE
9550 Warner Ave, Suite 370
Fountain Valley, CA 92708
Attn: Lisa K. Senn, Senior Project Manager
Fax: 714-848-8897
A party may change its address by giving notice in writing to the other party. Thereafter,
any communication shall be addressed and transmitted to the new address. If sent by mail,
Page 7 of 8
25E-9
communication shall be effective or deemed to have been given three (3) days after it has been
deposited in the United States mail, duly registered or certified, with postage 'prepaid, and
addressed as set forth above. If sent by fax, communication shall be effective or deemed to have
been given twenty-four (24) hours after the time set forth on the transmission report issued by the
transmitting facsimile machine, addressed as set forth above. For purposes of calculating these
time frames, weekends, federal, state, County or City holidays shall be excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first
above written.
ATTEST:
Maria D. Huizar
Clerk of the Council
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By: /YV
John IVik
Assistant City Attorney
RECOMMENDED FOR APPROVAL:
FRED MOUSAVIPOUR
Executive Director
Public Works Agency
CITY OF SANTA ANA
Cynthia Kurtz
Interim City Manager
CONSULTANT:
Name:
Title:
25E-10
Page 8 of 8
SCOPE OF SERVICES
25E-11
Appendix
ATTACHMENT 1
SCOPE OF WORK
CITY OF SANTA ANA
REQUEST FOR PROPOSALS
FOR
PAVEMENT MANAGEMENT PROGRAM UPDATE
RFP NO.: 17-092
Introduction and Background:
The City of Santa Ana is seeking a qualified consultant to perform pavement condition surveys
and budgetary analysis as part of the update to the City's Pavement Management Program
(PMP). The PMP surveys and analysis shall comply with Orange County Transportation
Authority (OCTA) guidelines.
The City's roadways consist of approximately' 450 centerline miles of paved streets and alleys.
The roadways are divided into three networks: Master Plan of Arterial Highways (MPAH), Local
Street, and Alley. The NIPAH Network contains approximately 105 centerline miles of Major
Arterial, Primary Arterial, Secondary Arterial, and Collector streets with AC and PCC surfaces.
The Local Street Network contains approximately 317 centerline miles of residential and non-
residential/industrial streets with AC and PCC surfaces. The Alley Network contains
approximately 28 centerline miles of alleys with AC and PCC surfaces. The pavement
conditions of the arterial and local networks were last surveyed in 2016. These data were input
into PAVER 7.0 and the budget analysis utilized this software. The City migrated the PMP to
StreetSaver software in 2017; therefore, all works for this scope of services shall utilize the latest
version of StreetSaver software.
Description of Work:
The proposal should include the following tasks and fees and any additional tasks and fees
deemed necessary by the Consultant shall be clearly identified in the proposal. Additionally, the
City reserves the right to provide Notice To Proceed (NTP) for any, all or none of the following
optional tasks:
WAR Network
Task 1.1 - Management and Administration
The Consultant shall monitor project progress and maintain project files. Other
responsibilities include supervising and reviewing the inspection process for
conformance with OCTA guidelines. The Consultant shall meet with City staff to review
schedule, budget, project documents, project goals, format of deliverables and clarify
responsibility of each party.
Task 1.2 - Pavement Condition Surveys
Collect and record pavement distress data, as per ASTM D6433-11 and OCTA
guidelines. The pavement distress data shall be collected using the walking survey
method; windshield surveys will not be accepted in lieu of walking surveys.
City of Santa Ana RFP 17-092
29E1 2
Input pavement distress data into the City's database and calculate Pavement Condition
Index (PCI) for each segment utilizing the latest version of StreetSaver software. The
consultant shall keep a log of any discrepancies between the database information (i.e.
surface type, etc.) and actual field conditions, and shall coordinate with City staff to
correct the database as necessary. Corrections/changes to the database shall not be made
without prior City staff approval.
Task 1.3 - Budgetary Analysis
Forecast future PCI values for each segment and create OCTA -required budget scenarios
for each network utilizing the latest version of StreetSaver software. The consultant shall
coordinate with City staff to develop a 7 -year maintenance & rehabilitation strategy
(including but not limited to selecting segments, treatment type, costs, and year of
implementation).
Task 1.4 - Final Report (Optional Task)
The consultant shall prepare a final Pavement Management Program report and any other
required submittal items, as per OCTA guidelines. The report shall include, without
limitation, the methods, findings and recommendations of the consultant, which shall be
presented in a single comprehensive document which, should include findings generated
as part of other tasks described herein.
Local Street Network
Task 2.1- Management and Administration
See Task 1.1 above.
Task 2.2 - Pavement Condition Surveys
See Task 1.2 above.
Task 2.3 — Budgetary Analysis
See Task 1.3 above.
Alley Network (Optional Task)
Task 3.1- Management and Administration
See Task 1.1 above.
Task 3.2 - Pavement Condition Surveys
See Task 1.2 above.
City of Santa Ana RFP 17-O92
2 -13
General Reeuirements
All work shall be performed in conformance with the City and OCTA's policies,
procedures, and standards.
The Consultant has total responsibility for the accuracy and completeness of all
inspections performed and documents prepared. The documents furnished under the
Agreement shall be of a quality acceptable to the City. The criteria for acceptance shall
be a product of neat appearance, well organized, and technically and grammatically
correct. The assumption of the number of review rounds is not allowed.
• The City has traditionally used paper distress forms but electronic data collection (using
laptop/tablet computers) will be acceptable. The paper distress forms shall be submitted
to the City for the City's records or the methodology for upload of electronic data
collected shall be clearly defined and a method for data verification provided.
Project Deliverables
+ Updated database in StreetSaver.
• Final PMP report; digital file on CD and I hard copy.
Project Schedule and Milestones
• Notice To Proceed Week of October 30, 2018
• Complete inspection and submit data of MPAH for review Week of March 5, 2018
• Complete Budgetary Analysis Week of March 26, 2018
• Submit Draft .Pavement Management Report Week of April 16, 2018
• Complete Final Pavement Report May 22, 2018
City of Santa Ana RFP 17-092
2�e�' 14
COMPENSATION
Fee Proposal
25E-15
City of Santa Ana
Pavement Management System Update 2017/2018
Cost Proposal
Task 1.4A Maintenance SVategies4
8
8 $
3,200
Task 1.48. Work History
4
32
$
4,350
Task 1AG Final Reports
4
2
8
4 5
2,500
K
Task 3.1 Management and Administration
4
6
$
1,400
Task 3.2 Pavement Condition Surveys
2
2
8 56
1 $
6,900
Assumptions:
Task 12 assumes walking surveys for approx. 105 centerline miles (994 MPAH sections).
Task 2.2 assumes walking surveys for approz_ 317 centerline miles (1,996 local sections).
Task 32 assumes walking surveys for approz 28 centerline ml les (280 alley sections).
All field surveys include 5% QC.
Task 1.4 Includes OCTA required reports and appendices.
Prepared by: Nichols Consulting Engineers, Chid.
25E-16
September 2017
EXHIBIT C
CERTIFICATIONS
C-1 through C-3.
25E-17
ravement Management Progra
H_`t i �r�
, Kt -N No 1, 7-092
Certifications
Appendix
ATTACHMENT 3-1_ NON -COLLUSION AFFIDAVIT
NONCOLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY OF SANTA ANA DEPARTMENT OF PUBLIC WORKS
In accordance with Title 23 United Stales Code Section 112 and Public Contract Code 7106 the BIDDER declares
that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association,
organization, or corporation; that the bid is genuine and not collusive or sham; that the BIDDER has not directly or
indirectly induced or solicited any other BIDDER to put in a false or sham bid, and has not directly or indirectly
colluded, conspired, connived or agreed with any BIDDER or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the BIDDER has not in any manner, directly or indirectly, sought by agreement,
communication, or conference with anyone to fix file bid price of the BIDDER or any BIDDER, or to rix any
overhead, profit, or cost element of the bid price, or of that of any other BIDDER, or to secure any advantage against
the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in
the bid are true; and, further, that the BIDDER has not, directly or indirectly, submitted his or her bid price or any
breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay,
any fee to any corporation, partnership, company association, organisation, bid depository, or to any member or agent
thereof to effectuate a collusive or sham bid.
Note: Tine above Non -collusion Affidavit is part of the Proposal. Signing this Proposal on the signature
portion tsreof shall also constitute signature of this Non -collusion Affidavit. BIDDERS are cautioned that
making a falspert�ation may subject the certifier to criminal prosecution.
Signed
State of California
County of
Subscribed and sworn to (or affirmed) before me on this day of 20_, by
proved to me on the basis of satisfactory evidence to be tis person(s) who appeared
beforo mc.
(Sa hitacw)
Notary Public Signature Notary Public Seal
City of Santa Ana RFP
Page A3.1
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Certifications
CALIFORNIA JURAT WITH AFFIANT STATEMENT GOVERNMENT CODE § 8202
$ See Attached Document (Notary to cross out lines 1-6 below)
❑ See Statement Below (Lines 1-6 to be completed only by document signer[s), not Notary)
Signature of Document Signer No. 1 Signature of Document Signer No. 2 (f any)
A notary public or other officer completing this certificate verifies only the Identity of the individual who signed the
document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
State of California
Countyof rohfra (DIPA
-------------
GING SKU LIAO
Commisslon 0 2129629 =
Notary Public • CallImnla
Contra Costa County
M Comm. Ex0ras Oct 8 2019+
Seal
Piece Notary Seal Above
Subscribed and swern—t&—(ef- affirmed) before me
on this 24 day of huqu5-F .20_f7
by Date Month Year
(1)Mxrjol YApp
Name(4 of Signerpo
proved to me on the basis of satisfactory evidence
to be the person who appeared before me.
Signature <1�neRL11 r
nature o/ Notary Public
OPTIONAL
Though this section is optional, completing this information can deter alteration o/ the document or
fraudulent reattachment of this form to an unintended document.
Description of Attached Document
Title or Type of Document: Nnn-collusforr A;Tidavi} Ccrf firatrons Document Date: Na da)c
Number of Pages: OYIL Signer(s) Other Than Named Above: NO it&w ciarltrs
02014 National Notary Association - www.NationalNotary.org • 1 -800 -US NOTARY (1-800-876-6827) Item #5910
(NCEI- 231.05.301 Pavnment NL'mag.^.mmrl Progjam Updnte. RFP No.! 17-092 1 City of Santa Ana
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Certifications
Appendix
ATTACHMENT 3-2: NON -LOBBYING CERTIFICATION
CERTIFICATIONS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her
knowledge and belief, that:
I. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to
any person for influencing or attempting to influence an officer or employee of any federal agency, a
Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress
in connection with the awarding of any federal contract, the making of any federal grant, the making
of any federal loan, the entering into of any cooperative agreement, and the extension, continuation,
renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.
2. If any funds other than federal appropriated funds have been paid or will be paid to any person for
influencing or attempting to influence any officer or employee of any federal agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this federal contract, grant loan, loan or cooperative agreement, the undersigned
shall complete and submit a "Disclosure of Lobbying Activities".
This certification is a material representation of fact upon which reliance was placed when this transaction was made
or entered into. Submission of this certification is a prerequisite for snaking or entering into this transaction imposed
by Section 1352, Title 31, U. S. Code. Any person who fails to file the required certification shall be subject to a civil
penalty of not less than $10,000 and not more than $100,000 for each such failure.
The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the
language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such sub
recipients shall certify and disclose accordingly.
Pimm NCE
Signed and Printed Name:
Title Vice President/Principal
Date 9/7/17
City of Santa Ana RFP
Page A3-2
Margot Yapp, PE
ttICE3131.05,30) Pavement relanagemant Pro;rem Update, RFP No.: 17-092 1 City of Santa Aou
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Certifications
Appendix
ATTACHMENT 3-3: NON-DISCRIMINATION CERTIFICATION
CERTIFICATIONS
The undersigned consultant or corporate officer, during the performance of this contract, certifies as
follows:
1. The Consultant shall not discriminate against any employee or applicant for employment because of
race, color, religion, sex, or national origin. The Consultant shall take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without, regard to
their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the
following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising;
layoff or termination; rates of pay or other forms of compensation; and selection for training,
including apprenticeship. The Consultant agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
2. The Consultant shall, in all solicitations or advertisements for employees placed by or on behalf of
the Consultant, state that all qualified applicants will receive consideration for employment without
regard to race, color, religion, sex, or national origin.
3. The Consultant shall send to each labor union or representative of workers with which he/she has a
collective bargaining agreement or other contract or understanding, a notice to be provided advising
the said labor union or workers' representatives of the Consultant's commitments under this section,
and shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
4. The Consultant shall comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
5. The Consultant shall furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant
thereto, and will permit access to his/her books, records, and accounts by the administering agency
and the Secretary of Labor for purposes of investigation, to ascertain compliance with such rules,
regulations, and orders.
6. In the event of the Consultant's non-compliance with the nondiscrimination clauses of this contract
or with any of the said rules, regulations, or orders, the contract may be canceled, terminated, or
suspended in whole or in part and the Consultant may be declared ineligible for further Government
contracts or federally assisted construction contracts in accordance with procedures authorized in
Execution Order 11246 of September 24, 1965, and such other sanctions may be imposed and
remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulations, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Consultant shall include the portion of the sentence immediately preceding paragraph (1) and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted
City of Santa Ana RFP
Page AM
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Certifications
by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 204 of Executive
Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontract
or purchase order as the administering agency may direct as means of enforcing such provisions,
including sanctions for noncompliance; provided, however, that in the event the Consultant becomes
involved in, or is threatened with, litigation with a sub -consultant or vendor as a result of such
direction by the administering agency, the Consultant may request that the United States enter into
such litigation to protect the interests of the United States.
8. Pursuant to California Labor Code Section 1735, as added by Chapter 643 Stats. 1939, and as
amended,
No discrimination shall be made in the employment of persons upon public works because of race,
religious creed, color, national origin, ancestry, physical handicaps, mental condition, marital status, or
sex of such persons, except as provided in Section 1420, and any consultant of public works violating
this Section is subject to all the penalties imposed for a violation of the Chapter.
Signed:
Title: Margot Yapp, PE
Firm: NCE
Date: 917/17
City of Santa Ana RFP
Page A3-4
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