HomeMy WebLinkAboutNCE 2020-12-28COU No. ______________
Std – ProfSvcsAgreement - November 20, 2008
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AGREEMENT FOR
PROFESSIONAL CONSULTING SERVICES
This Agreement, made and entered into this day of , 2020 (“Effective
Date”), by and between CITY OF UKIAH, CALIFORNIA, hereinafter referred to as "City" and
NCE, a Corporation organized and in good standing under the laws of the state of California,
hereinafter referred to as "Consultant".
RECITALS
This Agreement is predicated on the following facts:
a. City requires consulting services related to Trench Cut Fee Study and Implementation.
b. Consultant represents that it has the qualifications, skills, experience and properly
licensed to provide these services, and is willing to provide them according to the terms
of this Agreement.
c. City and Consultant agree upon the Scope-of-Work and Work Schedule attached hereto
as Attachment "A", describing contract provisions for the project and setting forth the
completion dates for the various services to be provided pursuant to this Agreement.
TERMS OF AGREEMENT
1.0 DESCRIPTION OF PROJECT
1.1 The Project is described in detail in the attached Scope-of-Work (Attachment "A").
2.0 SCOPE OF SERVICES
2.1 As set forth in Attachment "A".
2.2. Additional Services. Additional services, if any, shall only proceed upon written
agreement between City and Consultant. The written Agreement shall be in the form of
an Amendment to this Agreement.
3.0 CONDUCT OF WORK
3.1 Time of Completion. Consultant shall commence performance of services as required
by the Scope-of-Work upon receipt of a Notice to Proceed from City and shall complete
such services as directed by the City from receipt of the Notice to Proceed. Consultant
shall complete the work to the City's reasonable satisfaction, even if contract disputes
arise or Consultant contends it is entit led to further compensation.
4.0 COMPENSATION FOR SERVICES
4.1 Basis for Compensation. For the performance of the professional services of this
Agreement, Consultant shall be compensated on a time and expense basis not to
exceed a guaranteed maximum dollar amount of $88,900. Labor charges shall be
based upon hourly billing rates for the various classifications of personnel employed by
Consultant to perform the Scope of Work as set forth in the attached Attachment B,
which shall include all indirect costs and expenses of every kind or nature, except direct
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expenses. The direct expenses and the fees to be charged for same shall be as set
forth in Attachment B. Consultant shall complete the Scope of Work for the not -to -
exceed guaranteed maximum, even if actual time and expenses exceed that amount.
4.2 Changes. Should changes in compensation be required because of changes to the
Scope-of -Work of this Agreement, the parties shall agree in writing to any changes in
compensation. "Changes to the Scope-of-Work" means different activities than those
described in Attachment "A" and not additional time to complete those activities than the
parties anticipate d on the date they entered this Agreement.
4.3 Sub-contractor Payment . The use of sub-consultants or other services to perform a
portion of the work of this Agreement shall be approved by City prior to commencement
of work. The cost of sub -consultants shall be included within guaranteed not-to -exceed
amount set forth in Section 4.1.
4.4 Terms of Payment. Payment to Consultant for services rendered in accordance with this
contract shall be based upon submission of monthly invoices for the work satisfactorily
performed prior to the date of the invoice less any amount already paid to Consultant,
which amounts shall be due and payable thirty (30) days after receipt by City. The
invoices shall provide a description of each item of work performed, the time expended
to perform each task, the fees charged for that task, and the direct expenses incurred
and billed for. Invoices shall be accompanied by documentation sufficient to enable City
to determine progress made and to support the expenses claimed.
5.0 ASSURANCES OF CONSULTANT
5.1 Independent Contractor. Consultant is an independent contractor and is sole ly
responsible for its acts or omissions. Consultant (including its agents, servants, and
employees) is not the City's agent, employee, or representative for any purpose.
It is the express intention of the parties hereto that Consultant is an independent
contractor and not an employee, joint venture r, or partner of City for any purpose
whatsoever. City shall have no right to, and shall not control the manner or prescribe the
method of accomplishing those services contracted to and performed by Consultant
under this Agreement, and the general public and all governmental agencies regulating
such activity shall be so informed.
Those provisions of this Agreement that reserve ultimate authority in City have been
inserted solely to achieve compliance with f ederal and state laws, rules, regulations, and
interpretations thereof. No such provisions and no other provisions of this Agreement
shall be interpreted or construed as creating or establishing the relationship of employer
and employee between Consultant and City.
Consultant shall pay all estimated and actual federal and state income and self -
employment taxes that are due the state and federal government and shall furnish and
pay worker's compensation insurance, unemployment insurance and any other ben efits
required by law for himself and his employees, if any. Consultant agrees to indemnify
and hold City and its officers, agents and employees harmless from and against any
claims or demands by federal, state or local government agencies for any such ta xes or
benefits due but not paid by Consultant, including the legal costs associated with
defending against any audit, claim, demand or law suit.
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Consultant warrants and represents that it is a properly licensed professional or
professional organization with a substantial investment in its business and that it
maintains its own offices and staff which it will use in performing under this Agreement.
5.2 Conflict of Interest . Consultant understands that its professional responsibility is solely
to City. Consultant has no interest and will not acquire any direct or indirect interest that
would conflict with its performance of the Agreement. Consultant shall not in the
performance of this Agreement employ a person having such an interest. If the City
Manager determines that the Consultant has a disclosure obligation under the City’s
local conflict of interest code, the Consultant shall file the required disclosure form with
the City Clerk within 10 days of being notified of the City Manager’s determination .
6.0 INDEMNIFICATION
6.1 Insurance Liability . Without limiting Consultant's obligations arising under Paragraph 6.2
Consultant shall not begin work under this Agreement until it procures and maintains for
the full period of time allowed by law, survivi ng the termination of this Agreement
insurance against claims for injuries to persons or damages to property, which may arise
from or in connection with its performance under this Agreement.
A. Minimum Scope of Insurance
Coverage shall be at least as bro ad as:
1. Insurance Services Office ("ISO) Commercial General Liability Coverage
Form No. CG 20 10 10 01 and Commercial General Liability Coverage –
Completed Operations Form No. CG 20 37 10 01.
2. ISO Form No. CA 0001 (Ed. 1/87) covering Automobile Liability, Code 1
"any auto" or Code 8, 9 if no owned autos and endorsement CA 0025.
3. Worker's Compensation Insurance as required by the Labor Code of the
State of California and Employers Liability Insurance.
4. Errors and Omissions liability insurance ap propriate to the consultant’s
profession. Architects’ and engineers’ coverage is to be endorsed to
include contractual liability.
B. Minimum Limits of Insurance
Consultant shall maintain limits no less than:
1. General Liability: $1,000,000 combined single limit per occurrence for
bodily injury, personal injury and property damage including operations,
products and completed operations . If Commercial General Liability
Insurance or other form with a general aggregate limit is used, the
general aggreg ate limit shall apply separately to the work performed
under this Agreement, or the aggregate limit shall be twice the prescribed
per occurrence limit.
2. Automobile Liability: $1,000,000 combined single limit per accident for
bodily injury and property damage.
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3. Worker's Compensation and Employers Liability : Worker's compensation
limits as required by the Labor Code of the State of California and
Employers Liability limits of $1,000,000 per accident.
4. Errors and Omissions liability: $1,000,000 per occurrence.
C. Deductibles and Self -Insured Retentions
Any deductibles or self -insured retentions must be declared to and approved by
the City. At the option of the City, either the insurer shall reduce or eliminate
such deductibles or self -insured ret entions as respects to the City, its officers,
officials, employees and volunteers; or the Consultant shall procure a bond
guaranteeing payment of losses and related investigations, claim administration
and defense expenses.
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages
a. The City, it officers, officials, employees and volunteers are to be
covered as additional insureds as respects; liability arising out of
activities performed by or on behalf of the Consultant, products
and completed operations of the Consultant, premises owned,
occupied or used by the Consultant, or automobiles owned, hired
or borrowed by the Consultant for the f ull period of time allowed by
law, surviving the termination of this Agreement . The coverage
shall contain no special limitations on the scope -of-protection
afforded to the City, its officers, officials, employees or volunteers.
b. The Consultant's insurance coverage shall be primary insurance
as respects to the City, its officers, officials, employees and
volunteers. Any insurance or self -insurance maintained by the
City, its officers, officials, employees or volunteers shall be in
excess of the Consultant's insurance and shall not contribute with
it.
c. Any failure to comply with reporting provisions of the policies shall
not affect coverage provided to the City, its officers, officials,
employees or volunteers.
d. The Consultant's insurance shall app ly separately to each insured
against whom claim is made or suit is brought, except with respect
to the limits of the insurer's liability.
2. Worker's Compensation and Employers Liability Coverage
The insurer shall agree to waive all rights of subrogatio n against the City,
its officers, officials, employees and volunteers for losses arising from
Consultant's performance of the work, pursuant to this Agreement.
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3. Professional Liability Coverage
If written on a claims -made basis, the retroactivity date shall be the
effective date of this Agreement. The policy period shall extend from one
year from project completion.
4. All Coverages
Each Insurance policy required by this clause shall be endorsed to state
that coverage shall not be suspended, voided, canceled by either party,
reduced in coverage or in limits except after thirty (30) days prior written
notice by certified mail, return receipt requested, has been given to the
City.
E. Acceptability of Insurers
Insurance is to be placed with admitted Ca lifornia insurers with an A.M. Best's
rating of no less than A - for financial strength, AA for long-term credit rating and
AMB-1 for short-term credit rating.
F. Verification of Coverage
Consultant shall furnish the City with Certificates of Insurance and with original
Endorsements effecting coverage required by this Agreement. The Certificates
and Endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. The Certificates and
Endorsements are to be on forms provided or approved by the City. Where by
statute, the City's Workers' Compensation - related forms cannot be used,
equivalent forms approved by the Insurance Commissioner are to be substituted.
All Certificates and Endorsements are to be received and approved by the City
before Consultant begins the work of this Agreement. The City reserves the right
to require complete, certified copies of all required insurance policies, at any
time. If Consultant fails to provide the coverages required herein, the City shall
have the right, but not the obligation, to purchase any or all of them. In that
event, the cost of insurance becomes part of the compensation due the
contractor after notice to Consultant that City has paid the premium.
G. Subcontractors
Consultant shall include all subcontractors or sub-consultants as insured under
its policies or shall furnish separate certificates and endorsements for each sub -
contractor or sub-consultant. All coverage for sub-contractors or sub-consultants
shall be subject to all insurance requirements set forth in this Paragraph 6.1.
6.2 Indemnification. Notwithstanding the foregoing insurance requirements, and in addition
thereto, Consultant agrees, for the full period of time allowed by law, s urviving the
termination of this Agreement, to indemnify the City for any claim, cost or liability to the
extent caused by any negligent act or the willful misconduct of Consultant in the
performance of services under this contract by Consultant, but this indemnity does not
apply to liability for damages for death or bodily injury to persons, injury to property, or
other loss, arising from the sole negligence, willful misconduct or defects in design by
the City, or arising from the negligence of the City .
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“Indemnify,” as used herein includes reimbursing the apportioned expenses of
defending against a claim and the payment of any settlement or judgment arising out of
the claim. Defense costs include all costs associated with defending the claim,
includi ng, but not limited to, the fees of attorneys, investigators, consultants, experts and
expert witnesses, and litigation expenses.
In no event shall the cost to defend charged to the CONSULTANT exceed the
CONSULTANT’s proportionate percentage of fault.
References in this paragraph to City or Consultant, include their officers, employees,
agents, and subcontractors.
7.0 CONTRACT PROVISIONS
7.1 Ownership of Work. All documents furnished to Consultant by City and all documents or
reports and supportive dat a prepared by Consultant under this Agreement are owned
and become the property of the City upon their creation and shall be given to City
immediately upon demand and at the completion of Consultant's services at no
additional cost to City. Deliverables are identified in the Scope-of-Work, Attachment "A".
All documents produced by Consultant shall be furnished to City in digital format and
hardcopy. Consultant shall produce the digital format, using software and media
approved by City.
7.2 Governing Law. Consultant shall comply with the laws and regulations of the United
States, the State of California, and all local governments having jurisdiction over this
Agreement. The interpretation and enforcement of this Agreement shall be governed by
California law and any action arising under or in connection with this Agreement must be
filed in a Court of competent jurisdiction in Mendocino County.
7.3 Entire Agreement. This Agreement plus its Attachment(s) and executed Amendments
set forth the entire understa nding between the parties.
7.4 Severability. If any term of this Agreement is held invalid by a court of competent
jurisdiction, the remainder of this Agreement shall remain in effect.
7.5 Modification. No modification of this Agreement is valid unless made with the agreement
of both parties in writing.
7.6 Assignment. Consultant's services are considered unique and personal. Consultant
shall not assign, transfer, or sub-contract its interest or obligation under all or any portion
of this Agreement without City's prior written consent.
7.7 Waiver. No waiver of a breach of any covenant, term, or condition of this Agreement
shall be a waiver of any other or subsequent breach of the same or any other covenant,
term or condition or a waiver of the covenant, term or condition itself.
7.8 Termination. This Agreement may only be terminated by either party: 1) for breach of
the Agreement; 2) because funds are no longer available to pay Consultant for services
provided under this Agreement; or 3) City has abandoned and does not wish to complete
the project for which Consultant was retained. A party shall notify the other party of any
alleged breach of the Agreement and of the action required to cure the breach. If the
breaching party fails to cure the breach within the time specified in the notice, the
contract shall be terminated as of that time. If terminated for lack of funds or
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abandonment of the project, the contract shall terminate on the date notice of
termination is given to Consultant. City shal l pay the Consultant only for services
performed and expenses incurred as of the effective termination date. In such event, as
a condition to payment, Consultant shall provide to City all finished or unfinished
documents, data, studies, surveys, drawings, maps, models, photographs and reports
prepared by the Consultant under this Agreement. Consultant shall be entitled to
receive just and equitable compensation for any work satisfactorily completed
hereunder,
7.9 Execution of Agreement. This Agreement may be executed in duplicate originals, each
bearing the original signature of the parties. Alternatively, this Agreement may be
executed and delivered by facsimile or other electronic transmission, and in more than
one counterpart, each of which shall be deemed an original, and all of which together
shall constitute one and the same instrument. When executed using either alternative,
the executed agreement shall be deemed an original admissible as evidence in any
administrative or judicial proceeding to prove the terms and content of this Agreement.
8.0 NOTICES
Any notice given under this Agreement shall be in writing and deemed given when
personally delivered or deposited in the mail (certified or registered) addressed to the
parties as follows:
CITY OF UKIAH NCE
DEPT. OF PUBLIC WORKS 501 CANAL BLVD
300 SEMINARY AVENUE SUITE 1
UKIAH, CALIFORNIA 95482-5400 RICHMOND, CA 94804
9.0 SIGNATURES
IN WITNESS WHEREOF, the parties have executed this Agreement the Effective Date:
CONSULTANT
BY: __________________________ ____________________
Date
PRINT NAME: _________________
__________________
IRS IDN Number
CITY OF UKIAH
BY: ____________________
SAGE SANGIACOMO Date
CITY MANAGER
ATTEST
____________________
CITY CLERK Date
Margot Yapp Digitally signed by Margot Yapp
DN: cn=Margot Yapp, o=NCE, ou,
email=myapp@ncenet.com, c=US
Date: 2020.12.15 09:24:17 -08'00'
Dec 28, 2020
Kristine Lawler (Dec 28, 2020 13:46 PST)
Kristine Lawler Dec 28, 2020
October 29, 2020
Trench Cut Fee Study and Implementation
City of Ukiah
PROPOSAL
Submitted By:
Point Richmond Office
501 Canal Blvd, Suite I
Richmond, CA 94804
Phone: 510.215-3620
Attachment "A"
City of Ukiah
Trench Cut Fee Study and Implementation
Opp No. 1145.01.55
Page | iii
Table of Contents
Cover Letter .................................................................................................................................................................. 1
Contract Approach and Schedule ................................................................................................................................. 3
Project Understanding .............................................................................................................................................. 3
Scope of Work ........................................................................................................................................................... 4
Task 1: Summarize Utility Cut Fee Studies ............................................................................................................ 4
Task 2: Engineering Approach & Analyses ............................................................................................................ 5
Task 3: Develop Fee Schedule and Report ............................................................................................................ 7
Task 4 – Develop Fee Ordinance and Council Presentation ................................................................................. 8
Schedule .................................................................................................................................................................... 8
Contract Team .............................................................................................................................................................. 9
NCE Key Personnel .................................................................................................................................................. 10
References .................................................................................................................................................................. 12
Addendum .................................................................................................................................................................. 18
Exceptions ................................................................................................................................................................... 19
Insurance Requirements ......................................................................................................................................... 19
Appendices
A Staff Resumes
Point Richmond, CA
501 Canal Blvd, Suite I
Richmond, CA 94804
(510) 215-3620
Cover Letter
October 29, 2020
Mr. Daniel Flores
Engineering Technician
City of Ukiah
Public Works Department
300 Seminary Avenue
Ukiah, CA 95482-5400
Subject: Proposal –Trench Cut Fee Study and Implementation
Dear Mr. Flores and Members of the Selection Committee:
NCE understands that the City of Ukiah desires to evaluate the impacts of utility cuts on the service life of pavements
and to develop appropriate mitigation measures, including a fee schedule.
We have extensive experience performing similar pavement related studies for public agencies throughout
California and the U.S. We are a nationally recognized pavement specialty firm with broad capabilities and expertise
in the areas of pavement research, analysis and design, and we bring to the City of Ukiah the following:
Familiarity with Ukiah Streets – NCE successfully updated
the City’s StreetSaver® pavement management system in
2016-2017; our familiarity with the City’s street network
enables us to identify the appropriate streets to be
tested/evaluated for this study. We can easily locate
sections with trench cuts, their maintenance histories and
determine the best candidates for evaluation.
National Expertise in Pavement Technology – NCE is a
unique civil engineering firm in that we have a pavement
research division that conducts applied research and
engineering studies for the Federal Highway
Administration and state highway agencies. The map to the
right illustrates clients where we have conducted
pavement related studies.
Extensive Experience – we have performed similar utility
trench cut studies for the Cities of Sacramento,
Philadelphia, Seattle, Anaheim, Pacifica, Chico, Elk Grove,
Bishop and the Regional Transportation Commission for
Southern Nevada (Las Vegas).
Performed Truck Impact Fee Studies for the Cities of
Pacifica, Carmel-By-The-Sea, Walnut Creek, San Bruno,
Highlands, San Joaquin Irrigation District and UC Davis.
Demonstrated Experience with implementation of
pavement management programs; NCE has worked with more than 200 public agencies in California (more
than 300 nationwide).
Point Richmond, CA
501 Canal Blvd, Suite I
Richmond, CA 94804
(510) 215-3620
Expertise in Practical Pavement Designs based on using deflection testing and analysis, which will be
employed on this project.
Extensive Working Knowledge with StreetSaver® – The NCE team has worked with StreetSaver® for more
than 30 years. We have worked with more than 200 public agencies, throughout California, Nevada,
Washington, Oregon and the nation, on similar projects.
Rigorous Quality Control – NCE’s projects include a QC manager, who reports directly to the project
manager and provides a thorough review of documents prepared for deliverables.
NCE’s team has worked together on many projects and will provide the City with the technical and management
experience to address the data collection, work plan, analysis, and reporting required. Our highly trained and
capable technical staff are experienced in data collection. We have developed an excellent reputation for
dedication, integrity, productivity, quality of work, and service to our clients.
Finally, we would like to emphasize again the uniqueness of NCE’s qualifications and experience. We are a pavement
specialty firm, with a depth of knowledge that extends from research and studies to evaluation and design. Our
clients range from the Strategic Highway Research Program (SHRP) to state highway agencies, such as Caltrans to
local cities and counties. We perform state-of-the-art pavement research and analysis and we are able to convert
the results into practical solutions for local implementations including fee studies.
NCE has the capability to deliver responsive, cost effective and high-quality pavement management services. These
services will be accomplished through a systematic and organized method of work and communication led by Ms.
Mei-Hui Lee, PhD, PE, as NCE’s proposed Project Manager.
Contract Manager
Margot Yapp, PE is authorized to negotiate and contractually bind NCE to the City’s agreement. Her contact
information is as follows:
Ms. Margot Yapp, PE NCE Office Address:
Phone: (916) 388-5655 501 Canal Blvd, Suite I
Email: MYapp@ncenet.com Richmond, CA 94804
The NCE team is prepared to meet the upcoming challenges of this project. NCE looks forward to your favorable
review of our proposal and the opportunity to work with the City. This proposal is a firm offer for a minimum period
of thirty (30) days after the submittal date. Please do not hesitate to contact Margot at the number shown above
with any questions.
Sincerely,
NCE
Margot Yapp, PE Mei Hui Lee, PhD, PE
President/Principal-in-Charge Project Manager
City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 3
Contract Approach and Schedule
Project Understanding
Interest in the impact of utility cuts on roadway performance has been
prevalent among cities and counties for the last 30 years. There are
extensive published and unpublished reports and literature on this
subject, dating back to the 1940s, but in general, reports since 1990
are most relevant to this study. The City of Sacramento was a pioneer
in this area with its 1996 study and excavation cost recovery fees. The
fees were structured based on pavement age, trench directions, and
size of excavation. Since that time, multiple agencies across California
and the United States have conducted similar studies.
NCE understands that the City of Ukiah is seeking a consultant to
perform a Trench Cut Study on its 53 centerline miles of streets, and
assist in the implementation of the proposed recommendations,
including a fee ordinance.
Problems associated with the performance of pavement cuts and
street repairs have been a concern to public agencies for many years.
Public agencies and the utilities have sponsored engineering
investigations and these studies indicate that the life expectancy of a
street may be reduced by the presence of pavement cuts. Most of
these studies focus on the impact of backfill placement and
specification on potential surface settlement, rather than the impacts
of cuts on the frequency of maintenance and rehabilitation activities.
NCE’s past reviews have found that findings from studies funded by
utility companies and public agencies are often contradictory. Therefore, care needs to be taken when reviewing
the technical approach used and the results.
Examples of agencies where similar studies have been performed include San Francisco, Santa Ana, Seattle, Los
Angeles, Cincinnati, Phoenix, Union City, Ottawa (Canada), League of Arizona Cities and Counties, Indiana Local
Agencies, San Mateo County and Alameda County. NCE is currently conducting a similar study for the Cities of
Anaheim and Pacifica; additionally, we are currently updating Sacramento’s original study.
NCE understands that the City of Ukiah desires to evaluate the impact of utility cuts on the structural integrity or
functional performance of pavement. Should there be any impacts, appropriate mitigation measures are to be
developed, including a fee schedule.
NCE’s technical approach will include the following tasks:
Research and summarize other studies related to street deterioration and rehabilitation costs from
pavement utility cuts and trenches;
Determine a methodology to establish the impacts of utility cuts/trenches;
Perform a comprehensive pavement analysis to determine the extent of damage to the City’s streets;
Determine the loss of street life as a result of pavement cuts and determine the resultant rehabilitation
costs;
Develop an impact fee schedule relative to pavement cuts; and
Summarize all findings in a report.
City of Ukiah
Utility Trench Cut Fee Study and Implementation Services
October 29, 2020
Page | 4
Scope of Work
The following paragraphs describe in more detail NCE’s proposed scope of work.
Task 1: Summarize Utility Cut Fee Studies
In this task, NCE will first schedule a kickoff meeting with City staff to review:
Project scope, deliverables and timeline
Review of existing information on pavement sections
Review current restoration standards and practices
Review historical data available such as age of trenches and pavements, and maintenance and rehabilitation
activities
Review previous study report and approaches
Review typical maintenance and rehabilitation practices and costs
Review existing maintenance/pavement cut record-keeping procedures
Next, NCE will conduct a detailed review of those studies that are most pertinent to the City including any follow-
up information (i.e., economic impacts, associated costs, fees and ordinance development, agency adoptions and
implementation). Many of these studies were performed over 15-20 years ago as shown in the bibliography below,
but some are relatively recent.
Bodocsi, A., et al. Impact of Utility Cuts on Performance of Street Pavements. Department of Civil and
Environmental Engineering, University of Cincinnati, Cincinnati, OH, 1995.
Chow, C. A., and V. B. Troyan. Quantifying Damage from Utility Cuts in Asphalt Pavement by Using San
Francisco’s Pavement Management Data. Transportation Research Record: Journal of the Transportation
Research Board, No. 1655, 2007.
Lakkavalli M, V. et al. Challenges in Utility Coordination and Implementation of Pavement Degradation Fees.
Conference of the Transportation Association of Canada, 2015.
Karim, M. M. A., et al. Effect of Utility Cuts on Serviceability of Pavement Assets – A Case Study from the
City of Calgary. Pavement and Asset Management Session of the Annual Conference of the Transportation
Association of Canada, 2014.
Marcus W. B. Economic Report: Estimated Costs of Accelerated Repaving Required As a Result of Utility
Excavations in San Francisco Streets. City and County of San Francisco, CA, 1998.
Shahin, M. Y., and J. A. Crovetti. Analysis of the Impact of Utility Cuts on Pavement Life and Rehabilitation
Cost in Prince George’s County, MD. Prince George’s County, MD, 2002.
Shahin, M. Y., et al. The Effects of Utility Cut Patching on Pavement Life Span and Rehabilitation Costs. City
of Los Angeles, CA, 1996.
Shahin, M. Y., et al. Costing the Effects of Utility Cuts in the Life Cycle of Asphalt Pavements. City of
Burlington, VT, 1986.
Stephen Q. S. and K. A. Lauter. Using Pavement Management System Concepts to Determine the Cost and
Impact of Utility Trenching on an Urban Road Network. Transportation Research Record: Journal of the
Transportation Research Board, No 1699, 2000.
Torbaghan, M.E., et al. Investigating the Relationship Between Trenching Practice and Road Deterioration.
Infrastructure Asset Management, 2020.
Generally, the results of studies conducted by public agencies show that the presence of utility cuts lower measured
pavement condition scores (indexes) compared to pavements of the same age with no utility cuts. The link between
the presence of utility cuts and accelerated pavement deterioration is accepted by most agencies. The San Francisco
study concedes that high-quality workmanship in the repair of utility trenches may reduce the structural damage
to the pavement, but contends that lower ride quality and increased cracking still result and, therefore service life
is diminished.
City of Ukiah
Utility Trench Cut Fee Study and Implementation Services
October 29, 2020
Page | 5
Task 2: Engineering Approach & Analyses
There are two primary methodologies
that have been utilized; either using
pavement condition data and statistical
(or functional) analyses to develop
performance models, or a structural
analysis using deflection testing to
quantify the impacts of utility cuts (NCE
employed both approaches for Seattle
and is currently conducting a similar
scope for Anaheim).
The first requires a pavement
management system that contains
sufficient historical data so that streets
with and without utility cuts can be
compared. An example of such an
approach is shown in the chart on the right (Figure 1) from San Francisco. However, it can be challenging to get
sufficient data, primarily because few agencies have accurate data on pavement age beyond 10-15 years.
The pictures below (Figure 2) illustrate streets with and without cuts and the impacts on the PCI.
In this task, NCE will therefore review the City’s StreetSaver® database to extract sections with utility cuts and
compare their PCIs before and after the cuts. In order for the statistical analyses to be viable, several hundred data
points will be required. Pavement distress details or available images will be reviewed to verify the presence and
condition of the utility cuts.
Figure 1. City of San Francisco – Pavement Condition by Age and Utility Cut
2016 PCI = 83 2019 PCI = 48
2016 PCI = 79 2020 PCI = 61
Figure 2. Comparison of Pavement Condition With and Without Utility Cuts
City of Ukiah
Utility Trench Cut Fee Study and Implementation Services
October 29, 2020
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Figure 4. Differences in Overlay Thicknesses On and Adjacent to Utility Cut
The second, more common approach, was pioneered in Sacramento, and relies on the use of deflection testing to
determine the impacts. The premise is that cutting into a pavement will structurally weaken the surrounding areas
due to the “slumping” effect. Deflection testing can be used to establish the relative loss of structural capacity
resulting from the presence of pavement cuts. This loss of structural capacity necessitates thicker overlays, thus
increasing the cost of rehabilitation for a street with pavement cuts over the costs for a street without cuts.
This approach is most successful when used on
pavements that have higher traffic volumes
(such as arterials) and the pavement section
must be known (either through cores or as-
builts). A sample testing plan is shown to the
right (Figure 3) for both longitudinal and
transverse cuts. The deflection points 10 feet
away from the cut act as the “control” section
and provide a comparison of the pavement
performance if there was no cut.
NCE will use the structural capacities of the
sections with and without pavement cuts to
determine the reduction in pavement life using
mechanistic analysis. In addition, the required
overlay thickness will be determined for each
section. Figure 4 below clearly shows that the age of the
pavement adjacent to the cut has a higher overlay thickness required.
By comparing the costs of overlays for sections with and without pavement cuts, the increased cost attributable to
the pavement cut can be determined.
Figure 3. Example of Deflection Testing Plan
-6
0
6
0 5 10 15 20
Site NumberAC Overlay Thickness Diff. (in)Age Group 1
Age Group 2
Age Group 3
Age Group 4
4.4 4.4 4.4
4.2
5.9
5.1
1.7
4.50
2
4
6
8
10
12
Patch 2-ft 4-ft ControlAC Thickness (in)Required AC Overlay Thick.(in)Exist AC Thick. (in)
City of Ukiah
Utility Trench Cut Fee Study and Implementation Services
October 29, 2020
Page | 7
Task 3: Develop Fee Schedule and Report
NCE will then develop a fee schedule that will recover the full impacts of pavement cuts. Typical costs of repairs and
types of repairs will be obtained from the City and used to determine the fee. This should be from recent bid tabs
and include cost data such as:
Construction and construction management of pavements
Design
City overhead
Non-pavement items such as striping, traffic control, signal loops etc.
Others as relevant
We will also review the different methodologies for recovering rehabilitation costs due to pavement cuts. In
particular, the trigger points for overlays will be discussed. A sample of various fee schedules are shown in the below
table. The results will be documented in the report for the City’s review.
CITY FEE SCHEDULE COMMENTS
Los Angeles, CA $3.43 - $14.08 per SF Decreases with age. Considering flat fee.
San Francisco, CA $3.50 - $1.00 per SF Decreases with age.
Union City, CA $17.50 per LF Single flat fee.
Oxnard, CA $0.55 per SF
Bakersfield, CA $4.50 - $8.50 per SF
Redlands, CA $0.25 - $2.00 per SF Decreases with age and condition.
Seattle, WA $17.70 per SF Single flat fee.
Pennsylvania, PA $2.24 per SF Trigger level of 30%
In addition to the fee analysis, NCE will review moratoria from other agencies, and provide a recommendation to
the City. After the analysis is completed, NCE will prepare a draft study report for the City to review. Upon receipt
of the comments on the draft report, NCE will complete the final report for submittal. The report will include the
following:
Introduction/Background
Results of literature reviewed
Study approach
Results of deflection testing analysis
Results of pavement management program (PMP) statistical analysis
Description of analysis results determining the impact of trench/pavement cuts on pavements
Comparison of results with other studies
Recommendations for rehabilitation actions due to the presence of trenches
Estimate of repair costs required for pavements with and without cuts
Recommended fee schedule
DELIVERABLES:
Draft report
Final report
City of Ukiah
Utility Trench Cut Fee Study and Implementation Services
October 29, 2020
Page | 8
Task 4 – Develop Fee Ordinance and Council Presentation
In this task, NCE will assist the City in developing a fee ordinance and present our findings to the City Council. This
will include the methodology employed, a discussion of alternatives, an alternatives analysis and recommendations.
Prior to the workshop, NCE will meet with City staff to review the presentation and modified as needed.
NCE has conducted many similar presentations, both to a technical and a non-technical audience. Typically,
audiences such as a technical advisory committee will “dive deep” into the technical details. In contrast, City Council
may focus only on the policy recommendations. Either way, NCE will provide City staff with the support desired.
It is assumed that this workshop will be conducted in person at the City, unless the current COVID-19 environment
necessitates a virtual setting.
DELIVERABLES
PowerPoint presentation
Schedule
The project schedule assumes a notice to proceed on December 1st, 2020 and a kickoff meeting scheduled by
December 4th, 2020. In addition, two weeks is included for City’s review of the draft report. It is NCE’s experience
that if the review includes the City Attorney’s office, this may require additional time.
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18
1. Kickoff Meeting and Summarize Utility Cut Fee Studies
2. Engineering Approach & Analysis
A. Structural Analysis - Deflection Testing
B. Statistical Analysis - PMP Data (optional)
3. Develop Fee Schedule & Final Report
Draft Report
City Review
Final Report
4. City Council Presentation
Assumptions:
Assumes no weather delays for Task 2A.
To be Determined
Task Description Weeks from Notice To Proceed
City of Ukiah
Trench Cut Fee Study and Implementation Services
Opp No. 1145.01.55
Page | 9
Figure 5. Organization Chart
Contract Team
NCE brings a collaborative and innovative problem-solving mentality to address the technical challenges facing the
City’s pavement issues. Our key personnel have worked together on dozens of projects. The single most important
tool for successful project management is clear, consistent and cooperative communication. As Project Manager,
Dr. Mei-Hui Lee, PE will communicate regularly with the City regarding the progress of the study. She has conducted
similar pavement impact studies for other agencies (Sacramento and Pacifica), is knowledgeable about the
technical resources of the firm, managed and provide quality control for engineering projects, understands public
sector contracts and contracting and has the authority to recruit resources within the firm and will work closely
with the team and the City to make resources available on a short order basis. She will work closely with the team
and the City to apply new ideas grounded in results gained to date from previous trench cut impact studies that she
managed to successful conclusion and implementation.
We have assembled a team of professionals (Figure 5) with demonstrated experience providing services for similar
types of programs – people who will take an outside of the box approach to problem-solving and who have the
ability to draw upon established and new technologies to develop solutions. Our staff benefits from an investment
in continuous training in emerging design and construction techniques and routinely shares their technical
knowledge with others in the engineering community through teaching seminars, workshops and publication of
articles in professional journals. NCE, with a staff of over 110 employees, is committed to providing the staff
presented within this section. These individuals will be ready to begin work upon notice to proceed from the City.
Our key personnel will be available throughout this contract.
Attachment B