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HomeMy WebLinkAbout05. Pavement Management AGENDA MEMO DATE: April 22, 2008 TO: Mayor and Members of the City Council FROM: Office of the City Manager By: Brian Ragland, Director of Public Works SUBJECT: CITYWIDE PAVEMENT MANAGEMENT INFORMATION SYSTEM UPDATE RECOMMENDATION: That the City Council authorize the Mayor to execute a Professional Services Agreement with Infrastructure Management Services, Inc., in the amount of $15,600 to update the City’s Pavement Management Information System (PMIS). DISCUSSION: Section 2108.1 of the Streets and Highways Code requires that local agencies develop and adopt a pavement management program to be utilized on highways that receive funding under the State Transportation Improvement Program (STIP). Likewise, the Los Angeles County Metropolitan Transportation Authority (Metro)-administered Proposition C Local Return transportation sales tax revenue program also necessitates jurisdictions to certify that they have developed and maintain a PMIS when proposing street repair and maintenance projects. Specifically, Metro requires the following to be updated triennially under its certification process:  Inventory of existing pavement including, as a minimum, arterial and collector routes;  Assessment of pavement condition including, as a minimum, arterial and collector routes;  Identification of all pavement sections;  Determination of budget needs for rehabilitation or replacement of deficient sections of pavement for current and subsequent triennial periods. The PMIS serves as a comprehensive tool that facilitates technical analysis and allows for a systematic-approach to identify cost effective means for maintaining the citywide roadway system. The system allows for detailed assessment of the existing roadway condition (e.g. surface types/condition); estimation of traffic loads on the pavement (e.g. traffic level/composition); evaluation of the pavement deterioration rates; monitoring of historical rehabilitation efforts; identification of improvements (e.g. slurry seal, reconstruction, etc.); and prioritization of improvements in an optimum and strategic manner. In 1993, the City went through the procurement process for a PMIS and ultimately selected the PavePRO Manager by Infrastructure Management Services (IMS). Field data was subsequently collected and the initial version of the PMIS was developed. In order to comply with the state and local statutes, and in particular the triennial update requirement, the services of a consultant who specializes in the development and updating of PMIS is necessary. CITY OF DOWNEY, CALIFORNIA Mayor and Members of City Council Citywide Pavement Management Information System Update April 22, 2008 Page 2 PavePRO is a comprehensive management system based on the Federal Highway Administration and generally accepted pavement management standards. The system is compatible with the City’s existing Geographical Information System (GIS). While the detailed scope of work is contained in the attached agreement, the system update will generally consist of the following three elements: 1. Project Initiation 2. Field Data Collection 3. Data Management Due to the proprietary nature of the PavePRO PMIS, IMS is only consultant qualified to provide the update to the City’s PMIS. IMS specializes in the design and development of PMIS, and has developed and deployed their system for cities throughout the country. Therefore, the standard consultant selection process is being waived and it is requested that a sole source Professional Services Agreement with IMS be executed in order to procure their services. The scope of services proposed by IMS was reviewed and was found to be comprehensive, meets all statutory requirements as well as the City’s needs, and is reasonable in terms of the associated costs. FINANCIAL IMPACT: The FY 2007-08 Capital Improvement Program budget includes $25,000 in Prop C funds for the project (Acct #26-16461). Metro has approved the expenditure of the City’s Proposition C Local Return funds toward the update of the PMIS. Since there are sufficient Proposition C funds appropriated for this activity, no further appropriation is necessary. Attachments – Professional Services Agreement S:\AgendaMemos\agenda042208\CAPIMP\PM System\PMIS update PROFESSIONAL SERVICES AGREEMENT CASH CONTRACT NO. S.S. 461 PAVEMENT MANAGEMENT INFORMATION SYSTEM UPDATE THIS AGREEMENT is made this _______ of April, 2008, between the CITY of Downey, a municipal corporation, hereinafter referred to as “CITY”, and IMS INFRASTRUCTURE MANAGEMENT SERVICES, hereinafter referred to as “CONSULTANT.” RECITALS CITY desires to engage the services of the CONSULTANT to provide professional engineering services, as shown in the Scope of Services attached hereto as Exhibit “A”, and to render its services on the terms and conditions provided in this Agreement in connection with the update of the City’s Pavement Management Information System (PMIS). CONSULTANT further warrants that it desires to render the professional services for the CITY as provided herein and is experienced and capable of performing the tasks hereunder in a professional and competent manner. THEREFORE , CITY hereby engages the services of the CONSULTANT, and in consideration of the mutual promises herein contained, the parties agree as follows: I. TERM 1.1. This Agreement shall be effective on the date of issuance of the CITY’s written notice to proceed, and shall continue in effect until completion of the services identified herein, or until it has been terminated by either party. II. SERVICES AND WORK SCHEDULE 2.1.The Consultant’s scope of work shall generally consist of updating the City’s Exhibit “A” PMIS, in accordance with the tasks outlined in the attached . The routes to be included Exhibit “B” in the PMIS update are shown on the attached . 2.2.The Consultant shall perform the scope work within ___ weeks following notice-to-proceed. III. USE OF AGENTS OR ASSISTANTS 3.1. To the extent reasonably necessary to enable the CONSULTANT to perform, his, her or its duties hereunder, the CONSULTANT shall be authorized to engage the services of any agents or assistants which he, she or it may deem proper, and may further employ, engage, or retain the services of such other persons or corporations to aid or assist it in the proper performance of his, her or its duties. All cost of the services of, or expenses incurred by such agents or assistants shall be chargeable directly to CONSULTANT. IV. PROJECT MANAGEMENT 4.1. Both parties shall appoint a project manager who shall meet as frequently as deemed necessary by both parties to coordinate, review and insure performance by CONSULTANT under this Agreement. The project manager appointed by CITY will oversee the daily administration of the tasks to be performed by CONSULTANT under this Agreement. V. FACILITIES 5.1. CONSULTANT shall provide the facilities necessary to complete the various work tasks to be performed hereunder. In the event CONSULTANT requires additional facilities from CITY, CONSULTANT shall meet and confer with CITY before work commences. VI. FEE 6.1. For services to be rendered under this Agreement, the CONSULTANT shall Exhibit “A” be entitled to a fee set forth in the attached . Compensation for any additional services required by the CITY that are not included in this Agreement shall be negotiated and paid separately. VII. MAXIMUM COSTS 7.1. CONSULTANT expressly acknowledges and agrees that the total cost to Exhibit “A” complete all tasks set forth in shall not exceed a maximum of Fifteen Thousand, Six- Hundred Dollars ($15,600). VIII. BILLING 8.1. CONSULTANT shall submit an itemized billing to the CITY for approval prior to receiving compensation. Billing shall include a summary of total costs and shall be made as Exhibit “A” set forth in the attached . All billings shall include a description of the status of efforts, a brief itemization of costs associated with each project or project phase, and the total phase or project costs to date. 8.2. City at its discretion shall retain 10% from all payment due the Consultant. Said retention shall be released to Consultant within thirty (30) days of all work completed to the satisfaction of the City. IX. AUDIT BY CITY 9.1. CONSULTANT shall permit CITY or any authorized representatives of CITY, at all reasonable times, access to and the right to examine all records, books, papers or documents related to CONSULTANT’s performance under this Agreement including, but not limited to, expenses for sub-consultants, agents or assistants, direct and indirect charges for work performed and detailed documentation for all such work performed or to be performed under this Agreement. X. COPIES OF DATA 10.1. Copies or originals of all data collected by CONSULTANT in relation to work associated with this Agreement shall be provided to CITY. Data collected, stored, and/or provided shall be in a form acceptable to CITY and agreed upon by CITY. XI. OWNERSHIP 11.1. Each and every report, draft, work product, map, record, and other document reproduced, prepared, or caused to be prepared by CONSULTANT pursuant to or in connection with this Agreement shall be the exclusive property of CITY. XII. CONFIDENTIALITY 12.1. CONSULTANT shall not disclose, publish, or authorize others to disclose or publish, design data, drawings, specifications, reports, or other information pertaining to the projects assigned to CONSULTANT by CITY or other information to which CONSULTANT has had access during the term of this Agreement without the prior written approval of the CITY Attorney during the term of this Agreement and for a period of two (2) years after the termination of this Agreement. XIII. WRITTEN AUTHORIZATION REQUIRED 13.1. CONSULTANT shall not make changes in the job scope or perform any additional work or provide any additional material except as set forth in Paragraph 2.1 under this Agreement without first obtaining written authorization from CITY for such additional work or materials. Additional labor or materials provided without written authorization shall be done at CONSULTANT’s risk and without payment. XIV. DEFAULTS, TERMINATION OF AGREEMENT 14.1. If the Director of Public Works deems that CONSULTANT is in default for failure to supply an adequate working force, or service of proper quality, or has failed in any other respect to satisfactorily perform the services specified in this Agreement, Director of Public Works may give written notice to CONSULTANT specifying defaults to be remedied within thirty (30) days and such notice shall set forth the basis for any dissatisfaction and suggest corrective measures, and; A.If CONSULTANT does not remedy defaults within thirty (30) days or commence steps to remedy default to the reasonable satisfaction of the Director of Public Works, CITY may provide for such service from another CONSULTANT and CITY may withhold any money due or which may become due to CONSULTANT for such task related to the claimed default; or B.If, after thirty (30) days, CONSULTANT has not remedied defaults or commenced steps to remedy defaults to the satisfaction of the Director of Public Works, CITY may elect to terminate this Agreement at expiration of the thirty (30) days. 14.2. Notwithstanding Paragraph 14.1, CITY reserves the right and may elect to terminate this Agreement at any time. At such time, CONSULTANT would be compensated only for that work which has been satisfactorily completed to the date of termination. No compensation shall be paid for de-mobilization, takedown, disengagement, wind-down or other costs incurred due to termination of this Agreement. XV. INSURANCE 15.1. CONSULTANT shall assume all responsibility for damages to property or injuries to persons, including accidental death, which arise from or be caused by CONSULTANT’s performance of this Agreement, by its subcontractor, or by anyone it directly or indirectly employs, and whether or not such damage or injury shall accrue or be discovered before or after termination of this Agreement. 15.2. CONSULTANT shall obtain, pay for, and maintain during the life of this Agreement a Commercial General Liability policy, including Contractual Liability, and an Automobile Liability policy, which shall protect it and CITY from claims for injuries and damages. The policy shall name the City of Downey, its officers, agents, and employees as additional insureds under the policy in the following amounts: 15.2.1. Commercial General Liability Insurance in an amount not less than two million dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one person; property damage insurance in an amount not less than two million dollars ($2,000,000) and subject to the above limits and combined single limit of insurance in an amount not less than two million dollars ($2,000,000); and 15.2.2. Automobile Liability Insurance shall be endorsed for all owned and non- owned vehicles with a combined single limit in an amount not less than two million dollars ($2,000,000) per occurrence for personal injuries, including accidental death, to any one person; and for property damage. 15.2.3. Both commercial general liability and automobile liability policies shall contain a Severability of Interests’ clause and a “Primary Coverage” clause for any loss arising from or caused by CONSULTANT’s performance of the Agreement. In addition, the policies shall contain a statement of obligation on the carrier’s part to notify CITY, by registered mail, at least thirty (30) days in advance of any policy cancellation, termination, or reduction in the amount of coverage. 15.2.4. CONSULTANT shall furnish the required certificate(s) of insurance and endorsement(s) before CITY executes this Agreement. Before starting operations under this Agreement, CONSULTANT shall furnish the CITY with a “certificate of insurance” and an “additional insured endorsement,” both documents countersigned by the insurance carrier or its authorized representative, on forms satisfactory to the CITY Attorney, which set forth the above provisions. 15.2.5. The countersigned certificate, along with the additional insured endorsement, shall state: “The City of Downey, its officers, agents, and employees are named as additional insureds under this policy. This insurance is primary to the coverage of the City of Downey. Neither CITY nor any of its insurers shall be required to contribute to any loss. This policy contains a severability of interests clause.” 15.2.6. Additionally, the certificate of insurance and the additional insured endorsement shall state: “The issuing company shall mail thirty (30) days advance notice to the CITY of any policy cancellation, termination, or reduction in the amount of coverage.” 15.3. CONSULTANT’s failure to obtain, pay for, or maintain any required insurance shall constitute a material breach upon which CITY may immediately terminate or suspend this Agreement. At its discretion, CITY may obtain or renew the insurance and pay all or part of the premiums. Upon demand, CONSULTANT shall repay CITY all monies CITY has paid to obtain or renew the insurance, or CITY may offset the cost of the premium against any monies due CONSULTANT from CITY. 15.4.Workers’ Compensation Insurance 15.4.1. CONSULTANT understands and agrees that all persons furnishing services to CITY under this Agreement are, for the purpose of workers’ compensation liability, employees solely of CONSULTANT and not of CITY. CONSULTANT shall bear the sole responsibility, liability and costs of furnishing workers’ compensation benefits to its employees, or anyone it directly or indirectly employs, for injuries arising from or connected with services performed on behalf of CONSULTANT. 15.4.2. All workers’ compensation insurance policies shall bear an endorsement, or shall attach a rider, which provides that carrier will notify CITY, by registered mail, at least thirty (30) days in advance of the policy’s expiration, termination or cancellation. 15.5. Professional Liability Insurance CONSULTANT shall obtain and maintain at its expense Professional liability errors and omissions insurance which includes coverage for professional malpractice, in an amount of no less than two million dollars ($2,000,000). The policy shall provide coverage of all claims occurring during the term of the policy. XVI. WAIVER OF BREACH 16.1. The waiver of either party of any breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach of that same or any other provision. XVII. INDEMNITY 17.1. CONSULTANT shall take all reasonable precautions to prevent the occurrence of any injury, including death, to any person or any damage to any property arising out of the negligent act or omissions of CONSULTANT, its agents, employees, or subcontractors. 17.2. CONSULTANT shall indemnify, defend and hold harmless the CITY and its officers, agents and employees, against all losses, claims, liabilities, damages, and expenses of any nature directly or indirectly arising out of, or as the result of, any negligent act or omission by CONSULTANT or the employees, agents, or subcontractors of CONSULTANT, in the performance of this Agreement. XVIII. ENTIRE AGREEMENT 18.1. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties hereto with respect to the subject matter hereof, and no other Agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding. XIX. ASSIGNMENT 19.1. Neither this Agreement nor any duties or obligations hereunder shall be assignable by CONSULTANT without the prior written consent of CITY. In the event of an assignment by CONSULTANT to which CITY has consented, the assignee or his, her or its legal representative shall agree in writing with CITY to personally assume, perform, and be bound by the covenants, obligations, and Agreements contained herein. XX. SUCCESSORS AND ASSIGNS 20.1. Subject to the provision regarding assignment, this Agreement shall be binding on the heirs, executors, administrators, successors, and assigns of the respective parties. XXI. GOVERNING LAW 21.1. The validity of this Agreement and of any of its terms or provisions, as well as the rights and duties of the parties hereunder, shall be governed by the laws of the State of California. XXII. TIME IS OF THE ESSENCE 22.1. Whenever a task is to be performed by CONSULTANT, it shall be performed consistent with any time constraints set forth hereunder, including exhibits, time being considered of the essence of this Agreement. XXIII. NOTICES 23.1. All notices hereunder must be in writing and, unless otherwise provided herein, shall be deemed validly given on the date either personally delivered to the address indicated below; or on the third (3rd) business day following deposit, postage prepaid, using certified mail, return receipt requested, in any U.S. Postal mailbox or at any U.S. Post Office; or when sent via facsimile to a party at the facsimile number set forth below or to such other or further facsimile number provided in a notice sent under the terms of this paragraph, on the date of transmission of that facsimile. Should CITY or CONSULTANT have a change of address, the other party shall immediately be notified in writing of such change, provided, however, that each address for notice must include a street address and not merely a post office box. All notices, demands or requests from CONSULTANT to CITY shall be given to CITY addressed as follows: CITY: Edwin J. Norris, P.E. Deputy Director of Public Works 11111 Brookshire Avenue P.O. Box 7016 Tel. No. (562) 904-7109 Downey, CA 90241-7016 Fax No. (562) 904-7296 CONSULTANT: Zac Thomason Manager of Client Services IMS Infrastructure Management Services 116 N. Roosevelt Ave., Suite 131 Tel. No. (480) 839-4347 Chandler, AZ 85226 Fax No. (480) 839-4348 XXIV. NON-DISCRIMINATION IN EMPLOYMENT 24.1. CONSULTANT certifies and agrees not to discriminate against any employee or applicant for employment because of race, color, religion, national origin, ancestry, sex, age or physical or mental disability all as defined and set forth under state and federal law. XXV. SEVERABILITY 25.1. Should any part, term or provision of this Agreement or any document required herein to be executed be declared invalid, void or unenforceable, all remaining parts, terms and provisions hereof shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby. XXVI. RECYCLED PAPER 26.1. CONSULTANT shall submit all reports, correspondence, and documents related to the execution of this Agreement on recycled paper. XXVII. FORCE MAJEURE 27.1. Neither party shall be considered in default in the performance of its obligations hereunder or any of them, if such obligations were prevented or delayed by any cause, existing or future beyond the reasonable control of such party which include, but are not limited to, acts of God, labor disputes or civil unrest. Any delays beyond the control of either party shall automatically extend the time schedule as set forth in this Agreement by the period of any such delay. Executed at , California, on the day and year first written. CONSULTANT By: Title: CITY OF DOWNEY DAVID R. GAFIN, Mayor ATTEST: APPROVED AS TO FORM: KATHLEEN MIDSTOKKE, City Clerk EDWARD LEE, City Attorney