HomeMy WebLinkAboutAGR-7202 - NICHOLS CONSULTING ENGINEERS CHTD - CITYWIDE SIDEWALK ASSESSMENT AGREEMENTf R-7ao
PROFESSIONAL SERVICES AGREEMENT
Citywide Sidewalk Assessment]
THIS PROFESSIONAL SERVICES AGREEMENT (the "Agreement") is made at
Orange, California, on this 1 h day of 3 ne- , 2021 (the "Effective Date") by and
between the CITY OF ORANGE, a municipal corporation ("City"), and NICHOLS
CONSULTING ENGINEERS, CHTD., a Nevada corporation ("Contractor"), who agree as
follows:
1.Services. Subject to the terms and conditions set forth in this Agreement,
Contractor shall provide to the reasonable satisfaction of CiTy the services set forth in Exhibit"A,"
which is attached hereto and incorporated herein by reference. As a material inducement to City
to enter into this Agreement,Contractor represents and warrants that it has thoroughly investigated
and considered the scope of services and fully understands the difficulties and restrictions in
performing the work. The services which are the subject of this Agreement axe not in the usual
course of City's business and City relies on Contractor's representation that it is independently
engaged in the business of providing such services and is experienced in performing the work.
Contractor shall perform all services in a manner reasonably satisfactory to City and in a manner
in conformance with the standards of quality normally observed by an entity providing such
services to a municipal agency. All services provided shall conform to all federal, state and local
laws, rules and regulations and to the best professional standards and practices. The terms and
conditions set forth in this Agreement shall control over any terms and conditions in Exhibit "A"
to the contrary.
Alan Truong, Deputy Public Works Director ("City's Project Manager"), shall be the
person to whom Contractor will report for the performance of services hereunder. It is understood
that Contractor's performance hereunder shall be under the supervision of City's Project Manager
or his/her designee), that Contractor shall coordinate its services hereunder with City's Project
Manager to the extent required by City's Project Manager, and that all performances required
hereunder by Contractor shall be performed to the satisfaction of City's Project Manager and the
City Manager.
2.Comnensation and Fees.
a.Contractor's total compensation for all services performed under this
Agreement, shall not exceed TWENTY NINE THOUSAND DOLLARS and 00/100 ($29,000.00)
without the prior written authorization of City.
b. The above compensation shall include all costs, including, but not limited
to, all clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Pavment.
a. As scheduled services are completed, Contractor shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
b. All such invoices shall state the basis for the amount invoiced, including
services completed,the number of hours spent and any extra work performed.
c.City will pay Contractor the amount invoiced within thirty (30) days, but
may withhold 10% of any invoice until all work is completed, which sum shall be paid within
thirty(30) days of completion of the work and receipt of all deliverables
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Chan e Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be made unless and until such extra services
and a price therefor have been previously authorized in writing and approved by City as an
amendment to this Agreement. City's Project Manager is authorized to approve a reduction in the
services to be performed and compensation therefor. All amendments shall set forth the changes
of work, extension of time,and/or adjustment of the compensation to be paid by City to Contractor
and shall be signed by the City's Project Manager, City Manager or City Council, as applicable.
5. Licenses. Contractor represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Contractor and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Contractor shall be an iridependent Contractor and not an employee of City. City shall have the
right to control Contractor only insofar as the result of Contractor's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Contractor shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Contractor shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees, including compliance with social security withholding and
all other wages, salaries, benefits, ta es, exactions, and regulations of any nature whatsoever.
Contractor acknowledges that it and any subcontractors, agents or employees employed by
Contractor shall not,under any circumstances,be considered employees of City,and that they shall
not be entitled to any of the benefits or rights afforded employees of City,including,but not limited
to, sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits, or
health, life, dental, long-term disability or workers'compensation insurance benefits.
2
7. Contractor Not A ent. Except as City may specify in writing, Contractor shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Desi nated Persons. Only those qualified persons authorized by City's Project
Manager, or as designated in Exhibit"A," shall perform work provided for under this Agreement.
It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assignment or Subcontracting. No assignment or subcontracting by Contractor
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his/her designee.
10. Time of Comnletion. Except as otherwise specified in Exhibit "A," Contractor
shall commence the work provided for in this Agreement within ten (10) days of the Effective
Date of this Agreement and diligently prosecute completion of the work in accordance with the
time period set forth in Exhibit "A" hereto or as otherwise agreed to by and between the
representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Contractor shall
do all things necessary and incidental to the prosecution of Contractor's work.
12. Liquidated Dama es. Contractor shall pay City, or have withheld from monies
due it, as liquidated damages,the sum of Five Hundred Dollars($500)per day for each and every
calendar day's delay in finishing the work within the time specified, including any written
extensions which may be granted, in writing, in accordance with this Agreement.
13. Delays and Extensions of Time. Contractor's sole remedy for delays outside its
control, other than those delays caused by City, sha11 be an extension of time. No matter what the
cause of the delay,Contractor must document any delay and request an extension of time in writing
at the time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Contractor's control. If Contractor believes that delays caused by City
will cause it to incur additional costs, it must specify, in writing, why the delay has caused
additional costs to be incurred and the exact amount of such cost at the time the delay occurs. No
additional costs can be paid that exceed the not to exceed amount stated in Section 2.a, above,
absent a written amendment to this Agreement.
14. Products of Contractor. The documents, studies, evaluations, assessments,
reports,plans, citations, materials, manuals,technical data, logs, files, designs and other products
produced or provided by Contractor for this Agreement shall become the property of City upon
receipt. Contractor shall deliver all such products to City prior to payment for same. City may
use,reuse or otherwise utilize such products without restriction.
3
15. Epual Emnlovment Opportunitv. During the performance of this Agreement,
Contractor agrees as follows:
a.Contractor shall not discriminate against any employee or applicant for
employment because of race, color,religion, sex,national origin, mental or physical disability, or
any other basis prohibited by applicable law. Contractor shall ensure that applicants are employed,
and that employees are treated during employment, without regard to their race, color, religion,
sex,national origin, mental or physical disability, or any other basis prohibited by applicable law.
Such actions 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. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, a notice setting forth
provisions of this non-discrimination clause.
b. Contractor.shall, in all solicitations and advertisements for employees
placed by, or on behalf of Contractor, state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, mental or physical
disability, or any other basis prohibited by applicable law.
c.Contractor shall cause the foregoing paragraphs(a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Contractor agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Contractor knows or has reason to know that Contractor, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
Contractor further agrees that it shall not be eligible to work as the design/build firm for the project
that is the subject of this Agreement.
17. Indemnitv.
a. To the fullest extent permitted by law, Contractor agrees to indemnify,
defend and hold City, its City Council and each member thereof, and the officers, officials, agents
and employees of City(collectively the "Indemnitees") entirely harmless from all liability arising
out of
1) Any and all claims under workers' compensation acts and other
employee benefit acts with respect to Contractor's employees or Contractor's subcontractor's
employees arising out of Contractor's work under this Agreement, including any and all claims
under any law pertaining to Contractor or its employees' sta.tus as an independent Contractor and
any and all claims under Labor Code section 1720 related to the payment of prevailing wages for
public works projects; and
2) Any claim, loss, injury to or death of persons or damage to property
caused by any act, neglect, default, or omission other than a professional act or omission of
4
Contractor, or person, firm or corporation employed by Contractor, either directly or by
independent contract, including all damages due to loss or theft sustained by any person, firm or
corporation including the Indexnnitees, or any of them, arising out of, or in any way connected
with the work or services which are the subject of this Agreement, including injury or damage
either on or off City's property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. Contractor, at its own expense, cost and risk, shall
indemnify any and all claims, actions, suits or other proceedings that may be brought or instituted
against the Indemnitees on any such claim or liability covered by this subparagraph, and shall pay
or satisfy any judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, Contractor agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
death of persons or damage to property caused by its negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c.Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement.
d. The indemnities set forth in this section sha11 survive any closing,
rescission,or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Contractor and its successors.
18. Insurance.
a. Contractor shall carry workers' compensation insurance as required by law
for the protection of its employees during the progress of the work. Contractor understands that it
is an independent Contractor and not entitled to any workers' compensation benefits under any
City program.
b. Contractor shall maintain during the life of this Agreement the following
minimum amount of comprehensive general liability insurance or commercial general liability
insurance: the greater of (1) one Million Dollars ($1,000,000) per occurrence; or (2) all the
insurance coverage and/or limits carried by or available to Contractor. Said insurance shall cover
bodily injury, death and property damage and be written on an occurrence basis.
c.Contractor shall maintain during the life of this Agreement, the following
minimuxn amount of automotive liability insurance: the greater of(1) a combined single limit of
One Million Dollars ($1,000,000); or (2) all the insurance coverage and/or limits carried by or
available to Contractor. Said insurance sha11 cover bodily injury, death and property damage for
all owned, non-owned and hired vehicles and be written on an occurrence basis.
d. Any insurance proceeds in excess of or broader than the minimum required
coverage and/or minimum required limits which are applicable to a given loss shall be available
5
to City. No representation is made that the minimum insurance requirements of this Agreement
are sufficient to cover the obligations of Contractor under this Agreement.
e. Each policy of general liability and automotive liability shall provide that City, its
officers, officials, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Contractor under this Agreement. A
policy endorsement to that effect shall be provided to City along with the certificate of insurance.
In lieu of an endorsement, City will accept a copy of the policy(ies) which evidences that City is
an additional insured as a contracting party. The minimuxn coverage required by Subsection 18.b
and c, above, shall apply to City as an additional insured. Any umbrella liability insurance that is
provided as part of the general or automobile liability minimums set forth herein shall be
maintained for the duration of the Agreement.
f.Contractor shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a minimum limit of One Million Dollars ($1,000,000) per claim. Contractor agrees to keep
such policy in force and effect for at least five (5) years from the date of completion of this
Agreement.
g. The insurance policies maintained by Contractor shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Contractor will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
h. Before Contractor performs any work or prepares or delivers any materials,
Contractor shall furnish certificates of insurance and endorsements, as required by City,
evidencing the aforementioned minimum insurance coverages on forms acceptable ta City,which
shall provide that the insurance in force will not be canceled or allowed to lapse without at least
ten(10) days' prior written notice to City.
i.Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Contractor shall be issued by companies admitted to
conduct the pertinent line of insurance business in California and having a rating of Grade A or
better and Class VII or better by the latest edition of Best Key Rating Guide. In the case of
professional liability insurance coverage, such coverage shall be issued by companies either
licensed or admitted to conduct business in California so long as such insurer possesses the
aforementioned Best rating.
j Contractor shall immediately notify City if any required insurance lapses or
is otherwise modified and cease performance of this Agreement unless otherwise directed by City.
In such a case, City may procure insurance or self-insure the risk and charge Contractor for such
costs and any and all damages resulting therefrom, by way of set-off from any sums owed
Contractor.
k. Contractor agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery.
6
Contractor hereby grants to City, on behalf of any insurer providing insurance to either Contractor
or City with respect to the services of Contractor herein,a waiver of any right to subrogation which
any such insurer may acquire against City by virtue of the payment of any loss under such
insurance.
1.Contractor shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to City for
review and approval. All coverages for subcontractors shall be subject to all of the requirements
stated herein.
19. Termination. City may for any reason terminate this Agreement by giving
Contractor not less than five (5) days' written notice of intent to ternunate. Upon receipt of such
notice, Contractor shall immediately cease work, unless the notice from City provides otherwise.
Upon the termination of this Agreement, City shall pay Contractor for services satisfactorily
provided and all allowable reimbursements incurred to the date of termination in compliance with
this Agreement, unless termination by City sha11 be for cause, in which event City may withhold
any disputed compensation. City shall not be liable for any claim of lost profits.
20. Maintenance and Insuection of Records. In accordance with generally accepted
accounting principles, Contractor and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
records")pertaining to the costs of and completion of services performed under this Agreement.
City and its authorized representatives shall have access to and the right to audit and reproduce
any of Contractor's records regarding the services provided under this Agreement. Contractor shall
maintain all such records for a period of at least three (3)years after termination or completion of
this Agreement. Contractor agrees to make available all such records for inspection or audit at its
offices during normal business hours and upon three(3)days' notice from City,and copies thereof
shall be furnished if requested.
21. Comuliance with all Laws/Immi ration Laws.
a.Contractor shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. If the work provided for in this Agreement constitutes a"public works," as
that term is defined in Section 1720 of the California Labor Code,for which prevailing wages must
be paid, to the extent Contractor's employees will perform any work that fa11s within any of the
classifications for which the Departrnent of Labor Relations of the State of California promulgates
prevailing wage determinations, Contractor hereby agrees that it, and any subcontractor under it,
shall pay not less than the specified prevailing rates of wages to all such workers. The general
prevailing wage determinations for crafts can be located on the website of the Department of
Industrial Relations (www.dir.ca.ov/DLSR). Additionally,to perform work under this Contract,
Contractor must meet all State registration requirements and criteria,including project compliance
monitoring.
7
c.Contractor represents and warrants that Contractor:
1) Has complied and shall at all times during the term of this
Agreement comply, in all respects, with all immigration laws, regulations, statutes, rules, codes,
and orders, including, without limitation, the Immigration Reform and Control Act of 1986
IRCA); and
2) Has not and will not knowingly employ any individual to perform
services under this Agreement who is ineligible to work in the United States or under the terms of
this Agreement; and
3) Has properly maintained, and shall at all times during the term of
this Agreement properly maintain, all related employment documentation records including,
without limitation, the completion and maintenance of the Form I-9 for each of Contractor's
employees; and
4) Has responded, and shall at all times during the term of this
Agreement respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite enforcement by the
Department of Homeland Security, the Department of Labor, or the Social Security
Administration.
d. Contractor shall require all subcontractors or subcontractors to make the
same representations and warranties as set forth in Subsection 21.c.
e.Contractor shall, upon request of City, provide a list of all employees
working under this Agreement and shall provide,to the reasonable satisfaction of City,verification
that all such employees are eligible to work in the United States. All costs associated with such
verification shall be borne by Contractor. Once such request has been made, Contractor may not
change employees working under this Agreement without written notice to City, accompanied by
the verification required herein for such employees.
f.Contractor shall require all subcontractors or sub-consultants to make the
same verification as set forth in Subsection 21.e.
g. If Contractor or subcontractor knowingly employs an employee providing
work under this Agreement who is not authorized to work in the United States, and/or fails to
follow federal laws to determine the status of such empldyee,that shall constitute a material breach
of this Agreement and may be cause for immediate termination of this Agreement by City.
h. Contractor agrees to indemnify and hold City, its officers, officials, agents
and employees harmless for, of and from any loss, including but not limited to fines,penalties and
corrective measures City may sustain by reason of Contractor's failure to comply with said laws,
rules and regulations in connection with the performance of this Agreement.
8
22. Governin Law and Venue. This Agreement shall be construed in accordance
with and governed by the laws of the State of California and Contractor agrees to submit to the
jurisdiction of California courts. Venue for any dispute arising under this Agreement shall be in
Orange County, California.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be perforxned under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally, by e-mail, or by first class U.S. mail,
postage prepaid, to each party at the address listed below. Either party may change the notice
address by notifying the other party in writing. Notices shall be deemed received upon receipt of
same or within three (3) days of deposit in the U.S. Mail, whichever is earlier. Notices sent by e-
mail shall be deemed received on the date of the e-mail transmission.
CONTRACTOR" CITY"
Nichols Consulting Engineers, Chtd. City of Orange
17050 Bushard Street, Suite 200 . 300 E. Chapman Avenue
Founta.in Valley, CA 92708 Orange, CA 92866-1591
Attn.: Lisa K. Senn, Project Manager Attn.: Alan Truong
Telephone: 714-848=8897 Telephone: 714-532-6487
E-Mail: LSenn@ncenet.com E-Mail: atruong@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but a11 of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
Remainder of page intentionally left blank; signatures on next page]
9
IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
CONTRACTOR" CITY"
NICHOLS CONSULTING ENGINEERS, CITY OF ORANGE, a municipal corporation
CHTD., a Nevada corporation
By: liv-'-4. / By:
Printed Name: Rick Otto, City Manager
Title:Principal
By: -9l. • Jhn APPROVED AS TO FORM:
Printed Name: Lisa K Senn
T1tle: Senior Project Manager
r V w
Mary E. B 'ng
Senior Assistant City Attorne
NOTE:City requires the following signature(s) on behalf of the Contractor:
1)the Chairman of the Board,the President or a Vice-President,AND (2)the
Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary
or an Assistant Treasurer. If only one corporate officer exists or one corporate
officer holds more than one corporate office, please so indicate. OR
The corporate officer named in a corporate resolution as authorized to enter
into this Agreement. A copy of the corporate resolution, certified by the
Secretary close in time to the execution of the Agreement,must be provided to
City.
10
EXHISIT "A"
SCOPE OF SERVICES
Beneath this sheet.]
v ,
o . . • • r -
April 16,2021
Mr.Alan Truong
Deputy Public Works Director
City of Orange
Public Works Department
300 E.Chapman Avenue
Orange,CA 92866
Pilot Project—Area 1 Sidewalk Assessment
Dear Mr.Truong:
NCE has worked with the City of Orange(City)since 2013 and provided Pavement Management Program(PMP)updates
through 2018.We have developed an excellent rapport and professional relationship with City staff. NCE is a nationally
recognized pavement and asset management firm with broad capabilities and expertise in the areas of asset and pavement
management systems as well as civil engineering,pavement design and environmental services.
Sidewalks,driveway approaches,and curb ramps are critical components of the transportation infrastructure and provide
access to pedestrians and the disabled.Therefore,any deficiencies are of concern to the City,especially safety issues and are
one of the highest priorities.Another is the presence of curb ramps that comply with the American with Disabilities Act
ADA),as non-compliant ramps can create obstacles for residents.
The NCE team has more than 80 person-years of experience with PMPs and asset collections.Our highly trained technical
staff are experienced in data collection and have worked together on over 200 asset and pavement management projects.
We have developed an excellent reputation for dedication,integrity,productivity,quality of work,and service to our clients.
The combination of both asset/infrastructure management experience and civil design allows us to blend two key skill sets
for this project:
NCE has the ability to gather large amounts of field data in the most cost-efficient manner using our software
applications developed for tablets and high precision data collection devices,coupled with rigorous quality control.
A programmatic approach to instituting a sidewalk and curb ramp repair program by using specialized skills and tools
to collect large amounts of data,analyze it efficiently,and then apply the results Citywide.
Our work in civil design of local street projects includes ramp and sidewalk design,so we are up to date on the most
recent ADA design requirements,as well as cost estimates.Our designs reflect the needs of the community and strive
to arrive at designs that are cost-effective.
More specifically the NCE team brings to the city of Orange the following:
NCE's Senior Project Manager, Lisa K Senn and the Team's Civil Engineering Ad:visor,Jim'B,ui; PE,.are experienced;in '
conducting asset inventories, developing, and updating databases,,.GIS integration and..establishing.collection..., ,. ; .
protocols. They have recently completed similar projects for the Cities of Novato; Palo Alto, Davis, Carson, Corona,
Agoura Hills, and Highland and he is currently working with the cities.of San Clemente and Aliso V'iejo; Jim has
developed custom GIS tools and criteria to meet local community needs::
v'. A team that is very knowledgeable of the City's infrastructure and local.conditions through updating the Citjr's
pavement network information.
Fountairi Vall'ey;CA :
17050.Bushard Street,Suite#200 . •
Fountain Valley,CA 92708
714)848-8897
Engineering&Enviranrt ental Services
2 Page
Field staff with extensive experience in collecting data for clients,whether large or small centerline miles, in a timely
and efficient manner.
A key local team interested in maintaining a successful relationship with the City of Orange.
We feel that we are uniquely qualified to support the City with its assessment of the sidewalks and curb ramps.Our proposed
team has both depth and breadth of experience in performing asset management related work. Specifically, the NCE Team
brings the following qualifications and capabilities to the City on this project:
Prequali€iec inspe tors — NCE's field inspectors and engineers are prequalified through the Orange County
Transportation Authority's (OCTA) and certified through the Metropolitan Transportation Commission's (MTC)
Inspector Certification Programs. NCE's Sr. Project Manager, Lisa K.Senn,teaches OCTA's field distress and software
training classes.
City of Orange experience—NCE has performed PMP updates for the City and is familiar with the City's street network
and guidelines and regulations.
Expertise in civ61 desig s—NCE will develop a realistic sidewalk,.driveway approach,and curb ramp repair program.
Rigorous quality contPol (QC) — NCE's projects include a QC manager who reports directly to our Project Manager.
Additionally, NCE's engineers and technicians undergo a mandatory internal training/calibration.
This proposal will remain valid for a period of not less than 60 days from the date of submittal. Lisa K.Senn will be the contact
for questions that may arise. Her contact information is as follows: 17050 Bushard Street,Suite 200, Fountain Valley,CA
92708,.714-848-8897 extension 104 or by email at Isenn@ncenet.com.
The cost of this work will be billed on a Time and Materials basis with a not to exceed of$29,000.
We look forward to the opportunity to support the City on this important project and your favorable review of our proposal.
Sincerely,
I 10E
s .
Charlene Palmer Lisa K.Senn
Principal Senior Project Manager
j':E P a g e 2
f•`1"x
CONSULTANT PROPOSAL
I. roject Approach and Understanding
A. Understanding of Project and Objectives
Deficiencies and distresses have been one of the highest priorities for cities because of the
safety concerns for residents. Most of these hazards are caused by tree roots which lift up the
slabs. Since trees are extremely desirable for many residents,this is an on-going problem,
despite the many efforts used to minimize the issues(e.g., use of rubber sidewalks, root
barriers, planting different tree species etc.).The photo shown (below) is an extreme case of
sidewalk uplifted by tree roots after a windstorm.
y ,
a Other causes for destresses could be cracks in the
i=':i ,.
h
slabs, or the presence of a pocket of moisture below.
i ,;i In addition,since passage ofthe American with
7...--`
y
Disability Act(ADA) in 1990,there have been
numerous changes to accessibility standards. Prior to
1990,there were few, if any,standards that were
j used widely, resulting in a patchwork quilt of different
y,. ..:.- .- designs and configurations.
A local agency's infrastructure, particularly features incorporated more than 30 years ago,
include a vast array of different ADA ramps(if they exist), most of which are not compliant with
current ADA standards. For example, NCE recently completed a sidewalk and ramp inventory for
a city incorporated in 1964 with 164 miles of streets.Only four(4) ramps were identified as
compliant with ADA.This situation is not uncommon for many cities in the United States.
New regulations require ramps,sidewalks, and pathways be upgraded to current ADA standards
when the pavement is resurfaced or reconstructed.This has added as much as 20 percent to the
cost of typical resurfacing projects.Therefore, most cities have embarked on an inventory of
these assets. In an on-going statewide study that NCE is performing for the League of California
Cities and the California State Association of Counties,vue found that sidewalks and ramps alone
comprise 30 percent of the total replacement costs associated with non-pavement elements.
This study reinforces the fact that these two elements of the transportation system are critical in
terms of asset value as well as maintenance costs.
NCE understands the City of Orange desires a consultant to assess the sidewalks and curb ramps
for a pilot study in Old Towne Orange.The scope of work to be accomplished includes the
following:
1. Evaluate the condition of sidewalks for distresses/displacements.
2. Determine and discuss different types of distresses classes(distress types)with the City.
3. Rank deficient sidewalks, and ramps within a GIS for purposes of maintenance and
navigation to identified distresses.
4. Photograph damaged areas.
C Page 1
o^'m City of Orange
Citywide Sidewalk Assessment(Area 1)
5. Provide a detailed report and evaluation that includes the inspection date, distress type,
distress size,approximate GPS location, approximate site address, and other field
observation notes.
6. Recommend repairs and treatments for each damaged area, including approximate
costs.
7. Train City staff to collect information and update the database.
The City Bs respons ble for maintainBng a sidev+ralk
network that Bs approximately 550 miles. This project
will address Area 1 as designated as the Old Tovvn
b..
x Orange nei hborhood.This has formed the basis of our
cost proposal.
L ------- - -----x-—
NCE's combination of civil design expertise and GIS asset inventory experience will bring a
unique capability to this project. We.have performed similar projects for many other cities
where the combination of these two elements provides our clients with a practical and cost-
efficient work product.Specifically, NCE has experience and expertise in:
Street network inventory and management involving efficient field collection using
high accuraey GPS,streamlined post processing, and GIS integration.
e: Civil design expertise provides an up-to-date knowledge of ADA design standards as
well as repair, upgrade, or replacement costs.
Descriptions of similar projects for other agencies have been included in Section II-A.
B. Methods of Approaching Project Completion
NCE plans to implement the following scope of services to complete the work identified by the
City.
SCOPE OF WORK
TASIC 1: Kick-Off. Progress l i eetings
NCE will meet with City staff to kick-off the project by reviewing the project approach and any
administrative matters,as necessary.At a minimum, items to be discussed during the kick-off
meeting will include the following:
Scope of work, project schedule, budget,and invoicing requirements
Points of contacts
9 Field Work
NCE Page 2
e+
j City of OrangeI
Citywide Sidewalk Assessment(Area 1)
o Scheduling and access requirements
o Public safety concerns, requirements,and procedures
o ADA requirements
o Criteria for data collection
o Data collection spatial accuracy requirements
Quality Control activities
Information required from City(if available)
o Pedestrian Master Plan
o Existing city criteria e.g., prioritization criteria
o Map of sidewalk inspection data
o GIS shapefiles (i.e., street centerline polyline, parcel polygons, curb ramp points,
sidewalk polyline)
o Aerial photos
i: Other issues as appropriate
Prior to the Kick-Off meeting, NCE will prepare a detailed agenda and provide to the City.After
the meeting NCE will provide a summary of topics discussed and action items to be addressed
prior to the next task(data collection).
An additional two meetings will be held with City staff at appropriate milestones (suggest after
data collection and after the draft GIS deliverable)to review the work performed and to address
any questions or issues that arise as the work progresses. Typically, these meetings will cover
issues such as:
Progress updates
Inspection anomalies observed in the field that did not match agreed upon distress
criteria (e.g.the photo below shows a guy-wire lifting a concrete slab.)
Repair recommendations and cost implications
NCE will provide monthly progress reports to the City indicating the
r'-F' '' status of data collection and other tasks as the project advances.
As an additional optional task, NCE may provide the City access to a
web GIS dashboard for real time progress updates. The dashboard
a
could provide summary statistics of sidewalk distresses identified in 6;
the field and an interactive map to visualize what portions ofthe City .
have been collected vs. what portions remain. This is highly
recommended for tracking the progress of the citywide inspection
program if it were to proceed following this initial pilot study. Follow
this link for an example dashboard (https://bit.lv/2GMdMG7):
After the kickoff meeting, NCE will review all documents and files received and identify any missing
information required. A summary of this information and any questions will be prepared and
submitted to the City.
DELIVERABLE:
Technical memoranda summarizing meetings and document/file review
Monthly progress reports
e.C Page 3
pF 01pa_
i n"''WG+
i i \j. City of Orange
Citywide Sidewalk Assessment(Area 1)
Progress status GIS dashboard (Optional)
TASK 2: D ta C llection
Sidewalk, and curb ramp deficiencies will be collected in the field following guidelines outlined
in the RFP. NCE understands the criteria as follows:
Q: Type of damage found
v: Size of any replacement sidewalk
Approximate location (GPS coordinates)
aa! Geo-located photos where required
Additional comments as applicable (i.e.tree root related damage)
The following is excluded from our data collection, but is available as an optional additional task:
The collection of curb, gutter and residential/commercial driveway approaches as
applicable
For a data collection project of this scale, NCE proposes to use our established and successful
cloud-based data collection workflow. NCE leverages the ESRI software platform including
ArcGIS Pro,ArcGIS Online (AGOL),and the Collector application loaded onto mobile devices to
digitize approximate inspection locations and attribute data..This innovative and advanced field
data collection workflow is implemented across NCE's various d.isciplines and includes
infrastructure inventories including pavement and sidewalk assessment and storm water
network inventories, biological surveys and cultural resource surveys.Optional high-accuracy
GPS data collectors such as NCE's
EOS Arrow Gold GNSS solution may
be used to further refine the location s.,,..m.,2.,
of sidewalk inspections.
The process involves developing a
unique File Geodatabase(GDB)for
each data collection effort that
i. ` defines the specific data a-„=._
requirements for each.project(e.g
5idc"'"`-D'
x I
e _ _
rao,a zaow - -
feature types,subtypes,attributes,
and domains), publishing the GDB to M
AGOL as a web service, configuring '' °
the resulting feature layer within a C m
web map, and then accessing the
web map through the Collector
application on a smartphone or tablet equipped with a cellular data plan (see photo on the right
for an example of data collection interface). For the City of Orange,the GDB will contain two
features classes including sidewalk distresses, non-standard ADA ramps.
fVCE will utilize the City's existing curb ramp GDB,add missing curb ramp locations,.correct point
spatial location accuracy by placing points on the sidewalk proper instead of in the street or
j°!NCE Page 4
pFO@_
4 a""OSWn.
City of Orange
Citywide Sidewalk Assessment(Area 1)
behind the sidewalk,and update the standard compliance field. Other existing fields that are
blank and null will not be updated.
Photos, captured within the Collector workflow,are uploaded to AGOL as attachments and can
be viewed by anyone with access to the web map. If cellular connectivity is an issue,the
Collector application is capable of collecting offline data and then syncing with AGOL once
connectivity is re-established.
Because data is hosted in the cloud, it is available in real time to anyone with access to the web
GIS.As such, quality control measures can be implemented as data is being collected.This is
especially helpful during the initial stages of a data collection project to correct issues quickly
before they become systemic.As described under Task 1, NCE may develop an optional project
status dashboard for the City's use, using the same data source used for data collection,to
provide real-time project progress.
Subtasks below provides data collection details for each feature class identified for this project
and includes NCE's approach to data collection (Collector, etc.),details re:sidewalks and
driveway approaches,and details re: curb ramps.
Following the completion of data collection,.NCE will provide a summary of results to the City
and follow-up with a teleconference to discuss next steps such as data post-processing,the GIS
deliverable, and reporting.
TASK 2A: Quality Control
Quality control/quality assurance checks are critical when a large amount of data needs to be
collected and proeessed.As part of NCE's goal to provide a superior quality product for our
clients,we incorporate a QA/QC component into all of our projects. NCE's QA/QC Manager will
be responsible for the following:
v': Calibration of data collection equipment
Review of field activities, including spot checks on the field crews
Reviewing field procedures and making changes as needed
v:. Comparing field.data collected with on-site conditions
Review of reports generated
In addition, NCE will prepare a detailed QC Plan that will include the following components:
Description of field survey procedures(sampling,distress types,severities). Procedures,
changes or modifications will be well documented in the QC Plan so that future updates
will be consistent.
Accuracy required for data collection or acceptability criteria.Typical examples include
accurate identification of distress types 95%of the time
Description of how data will be checked for accuracy
Safety procedures
j':NCE Page 5
F L,i vM"'6\(,f``
j•, City of Orange
Citywide Sidewalk Assessment(Area 1)
A draft QC Plan will be submitted to the City for approval,and no field work will commence until
a final plan has been accepted.An example of a QC Plan for distress data collection is included in
Appendix A.
TASK 2B: Field Reviev v — Side valks, Curb Ramps r. Drivewvay Approaches
The ADA compliance requirements for sidewalks are detailed and complex(Caltrans Design
Information Bulletin DIB 82-06).The table below summarizes some of the requirements.As a
practical matter, it will be cost prohibitive to ensure that every foot of the sidewalk meets these
criteria. It is understood that the City of Orange is not interested in an ADA compliance
inventory of the sidewalk for this project, but instead would focus on the sidewalk damage
instead.Therefore, NCE will not collect ADA compliance measurements related to the general
sidewalk and path of travel.
Clear Width Minimum 48 inches for sidewalks and walls
11
Equal to street or highway slope within midblock pedestrian crossing
Cross Slope
Otherwise, maximum 2%
The sidewalk condition surveys will be performed on a pilot study area of Old Towne Orange
Area 1)approximately 35 miles of the City's overall 550 miles of sidewalks and curb ramps. For
sidewalks, NCE understands survey criteria will be based on a visual inspection the elements
similar to the listing below.The actual inspection list will be agreed upon with the City prior to
project initiation.
a' Vertical displacements
o Half inch to one inch (1/2"—1")
o One inch to two inches(1"—2")
o Greater than two inches(2")
Cracks and joint gaps over one quarter inch (1/2")
Hole's inch or larger in depth or diameter
Significant Damage around traffic signals, utility poles and boxes, and regulatory
signposts
sd CE Page 6
pFO$a_
c3Ry°°w\'m.City of Orange
Citywide Sidewalk Assessment(Area 1)
aa Brick or concrete improvements that are not level with sidewalks(greater than 1/2"
variation)
Sensitive sidewalk locations(e.g.,schools,senior housing, public buildings,transit
routes/stops, commercial areas, and high use pedestrian areas)
Vertical displacements can be
further defined as"faulting" or "
vaulting". Faulting reflects the
r
z,'f l
s r
difference in elevation across
4
1 a
ri ,;
adjacent concrete slabs, or
r
a
x" ? s t.3 s,'A aJw
across cracks that have divided
the slab. "Vaulting" is the
difference in elevation
between the curb and the ti4 - ''
t
adjacent sidewalk.Vaulting I :;
commonly involves two
adjacent concrete slabs,where they are both raised to a high point. Examples of typical
distresses are shown in the photographs at right.
A survey list for the distresses will be created identifying the principal distresses(e.g., cracking,
faulting,vaulting and holes).Typically, NCE recommends narrowing the focus of the assessment
to damage,while ignoring "cosmetic" damage that poses no immediate and obvious risk to
public safety. NCE will work with City staff to refine and develop the criteria.An example is
shown below for cracking.The actual inspection listing will be agreed upon with the City prior to
commencing data collection.
Crack Width Less than or 3 to 4 G eater
Inehes) equad to 2 ha,n 5
0.5"or less Not Counted ,' Medium , High
getween 0.5"to Medium H igh H'igh
1.5"
Greater than 1.5" 'High High High
Task 2C - GIS Development& N appi a
As described in Tasks 2A and 2B, NCE will create a File Geodatabase (GDB) using a current
version of ArcGIS Pro (version 2.7, or newer).This will contain distinct feature classes for the
sidewalk and curb ramp data collected. In addition, any photographs taken during the field
reviews will be geo-tagged and included in the GDB as a file attachment.The photographs will
be captured to balance image resolution with storage requirements.
E P a g e 7
op oq
1 City of Orange
Citywide Sidewalk Assessment(Area 1)
Data collection approach:
Spatial accuracy
o NCE plans to digitize approximate locations using publicly available aerial imagery
as available with ESRI Collector
Data collection team(s)
o One inspector will be mobilized to collect the attributes
o Additional inspectors may be mobilized to accelerate the data collection effort
available as additional fee
Data management
o NCE will coordinate with the City of Orange to collect data according to Area 1-5
Map provided by the City.At this point only Area 1(Old Towne Orange)is included
in our scope of services as a pilot phase.
o Each zone will have an individual data collection database—this will help reduce .
issues associated with ballooning storage associated with photos
o Managing the data by zone will help streamline the Quality Control (QC) process
as well
v'. Data QC
o NCE will incorporate "15t, Znd and 3 d line" methods for QC and it will be
conducted by the GIS QC Manager. It consists of the following process:
15t line: double-check each attribute in the field prior to submitting the
record
2"a line: records wifh m'issing values(and no explanation in the notes)are
flagged for revisiting. In addition, a sampling of points will be randomly
selected for QC (this step helps identify systematic error collection for
correction)
DELIVERABLES:
QC Plan
Revised File Geodatabase (ArcGIS Pro v 2.7,or newer)containing corrections to the
attributes and data collected from Tasks 2,3 and 4
Technical memorandum summarizing methodology and data collection results
TASK 3: Recommended Itepairs
NCE will review with City staff the projected repairs and provide a prioritization of the deficiencies.
This could include the factors such as daily traffic, pedestrian activity, connectivity with existing
facilities (schools, senior centers, commercial areas etc.) and demographics as provided by the
City.
Next, the data collected in Tasks 2A and 2B will be analyzed and appropriate repair strategies
determined.
An example map presented below depicts school zone boundaries atop identified sidewalk
distresses.
CE P a g e 8
pF O p_
ltiN'E.\WG+
F'1', City of Orange
Citywide Sidewalk Assessment(Area 1)
2014 Concrete Infrastructure Assessment
i
Legend
smeeae<rot 6
0 5'detvabt a.aga
Sd mlZctm
y oCJyBnu my
9rec[s
1 b
NCE
0 0,
DELIVERABLE:
File Geodatabase with prioritization boundaries
TASK 4: Preliminary Cost Estimates
NCE will prepare preliminary cost estimates for the repair of noted deficiencies located within the
City's Right of Way(ROW).Based on the direction given in the preceding task and the use of recent
projects where similar work was performed, NCE will formulate the approximate range of costs
associated with the repairs.
The cost will incorporate not just the material cost but potentially in-house engineering as well
as a contingency for price fluctuations as provided by the City.
An example of the types of repairs and estimated costs that NCE has developed for sidewalk
repairs is shown below:
Medium Remove and replace concrete slab 10.00/SF
1.Cracking
High Remove_and replace concrete slab 10.00/SF
F Medium+ Grind one slab 2.50/LF ,
2.Faultin
v
g ,:
High ,;, Grind one slab 2.50/LF ;
Medium Grind both slabs ^ 2.50/LF
3.Vaulting
High Remove and replace slab 10.00/SF
4. Holes ,All Levels Apply concrete patch 5.00/SF
i E P a g e 9
pFO
a^°'^6.,'
j=; City of Orange
Citywide Sidewalk Assessment(Area 1)
DELIVERABLES FOR THIS TASK:
File Geodatabase containing all attributes and data from Tasks 2, 3 and 4.
Recommended repairs and costs(Excel spreadsheet)
TASK 5 — Draft and Final Report
Upon completion of Tasks 2 through 4, fVCE will prepare a draft report for the City's review that
will contain the following:
Executive Summary
Description of inethodology for inspection
Description of survey criteria used
Summaries of existing condition of sidewalks and curb ramps
Repair strategies estimated costs
v: Tables containing:
o Condition assessment of sidewalks,driveway approaches and curb ramps
o Prioritized list of locations and repairs
o Cost estimate to perform repairs
o Citywide maps showing locations of deficiencies(see Appendix C for sample map)
Finally, a meeting will be scheduled with the City to review the draft report and discuss any
questions. Upon receipt of the City's comments,a final report will be prepared, and four(4) hard
copies will be prepared as well as an electronic copy.
DELIVERABLES:
Draft Report(electronic copy)
Final Report(electronic copy)
j°1 C Page 10