HomeMy WebLinkAboutCO 2025-036 - Roadway Asset Services, LLCPSA with professional liability insurance (Design) Page 1
Last Revised: 01/11/2018
AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 16 day of April,
2025, by and between the City of Rancho Cucamonga, a municipal corporation
(“City”) and Roadway Asset Services, a Limited Liability Company (“Consultant”).
RECITALS
A.City has heretofore issued its request for proposals to perform the
following design professional services: Consulting Services for the development of the
Pavement Management Plan (“the Project”).
B.Consultant has submitted a proposal to perform the professional services
described in Recital “A”, above, necessary to complete the Project.
C.City desires to engage Consultant to complete the Project in the manner
set forth and more fully described herein.
D.Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a
good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
1.Consultant’s Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
design professional services described in Recitals “A” and “B” above, including, but not
limited to Consulting Services for the development of the Pavement Management Plan,
all as more fully set forth in the Consultant’s proposal, dated March 28, 2025 and entitled
“Scope of Work”, attached hereto as Exhibit “A”, and incorporated by reference herein.
The nature, scope, and level of the services required to be performed by Consultant are
set forth in the Scope of Work and are referred to herein as “the Services.” In the event
of any inconsistencies between the Scope of Work and this Agreement, the terms and
provisions of this Agreement shall control.
1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project
desired by the City. Consultant agrees that the Scope of Work may be amended based
upon said meetings, and, by amendment to this Agreement, the parties may agree on a
City of Rancho Cucamonga
CONTRACT NUMBER
2025-036
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revision or revisions to Consultant’s compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in
writing by City’s City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for
professional skill and care, and in accordance with any schedule of performance set forth
in the Scope of Work, Exhibit “A”
1.4 Standard of Care. As a material inducement to City to enter into
this Agreement, Consultant hereby represents that it has the experience necessary to
undertake the services to be provided. In light of such status and experience, Consultant
hereby covenants that it shall follow the customary professional standards in performing
the Services.
1.5 Familiarity with Services. By executing this Agreement,
Consultant represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Consultant represents that Consultant, to the extent required by the standard
of practice, has investigated any areas of work, as applicable, and is reasonably
acquainted with the conditions therein. Should Consultant discover any latent or
unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant’s
risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be one (1) year
and shall become effective as of the date of the mutual execution by way of both parties’
signature (the “Effective Date”). No work shall be conducted; service or goods will not
be provided until this Agreement has been executed and requirements have been
fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year
increments to a total of three (3) years, unless sooner terminated as provided in Section
14 herein. Options to renew are contingent upon the City Manager’s approval, subject to
pricing review, and in accordance to all Terms and Conditions stated herein unless
otherwise provided in writing by the City.
3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $327,240 (Three hundred twenty-seven thousand two hundred forty
dollars), including all out of pocket expenses, unless additional compensation is
approved by the City Council. City shall not withhold any federal, state or other taxes, or
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other deductions. However, City shall withhold not more than ten percent (10%) of any
invoice amount pending receipt of any deliverables reflected in such invoice. Under no
circumstance shall Consultant be entitled to compensation for services not yet
satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to
the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not-to-exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City’s representative shall be Marlena Perez, Principal
Engineer, or such other person as designated in writing by the City (“City
Representative”). It shall be Consultant’s responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the City Representative.
5.2 Consultant Representative. For the purposes of this Agreement,
Scot Gordon, President is hereby designated as the principal and representative of
Consultant authorized to act in its behalf with respect to the services specified herein and
make all decisions in connection therewith (“Consultant’s Representative”). It is
expressly understood that the experience, knowledge, capability and reputation of the
Consultant’s Representative were a substantial inducement for City to enter into this
Agreement. Therefore, the Consultant’s Representative shall be responsible during the
term of this Agreement for directing all activities of Consultant and devoting sufficient
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time to personally supervise the services hereunder. Consultant may not change the
Responsible Principal without the prior written approval of City.
6. Consultant’s Personnel.
6.1 All Services shall be performed by Consultant or under
Consultant’s direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by State and local law to perform such Services, including,
without limitation, a City business license as required by the City’s Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with
the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees’ and
subcontractors’ wages and benefits, and shall comply with all requirements pertaining to
employer’s liability, workers’ compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant’s
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant’s failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. All documents, ideas, concepts, electronic files,
drawings, photographs and any and all other writings, including drafts thereof, prepared,
created or provided by Consultant in the course of performing the Services, including any
and all intellectual and proprietary rights arising from the creation of the same
(collectively, “Work Product”), are considered to be “works made for hire” for the
benefit of the City. Upon payment being made, and provided Consultant is not in breach
of this Agreement, all Work Product shall be and remain the property of City without
restriction or limitation upon its use or dissemination by City. Basic survey notes,
sketches, charts, computations and similar data prepared or obtained by Consultant under
this Agreement shall, upon request, be made available to City. None of the Work Product
shall be the subject of any common law or statutory copyright or copyright application by
Consultant. In the event of the return of any of the Work Product to Consultant or its
representative, Consultant shall be responsible for its safe return to City. Under no
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circumstances shall Consultant fail to deliver any draft or final designs, plans, drawings,
reports or specifications to City upon written demand by City for their delivery,
notwithstanding any disputes between Consultant and City concerning payment,
performance of the contract, or otherwise. This covenant shall survive the termination of
this Agreement. City’s reuse of the Work Product for any purpose other than the Project,
shall be at City’s sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,
the Consultant shall be deemed to grant and assign to City, and shall require all of its
subcontractors to assign to City, all ownership rights, and all common law and statutory
copyrights, trademarks, and other intellectual and proprietary property rights relating to
the Work Product and the Project itself, and Consultant shall disclaim and retain no rights
whatsoever as to any of the Work Product, to the maximum extent permitted by law.
City shall be entitled to utilize the Work Product for any and all purposes, including but
not limited to constructing, using, maintaining, altering, adding to, restoring, rebuilding
and publicizing the Project or any aspect of the Project.
7.3 Title to Intellectual Property. Consultant warrants and represents
that it has secured all necessary licenses, consents or approvals to use any
instrumentality, thing or component as to which any intellectual property right exists,
including computer software, used in the rendering of the Services and the production of
the Work Product and/or materials produced under this Agreement, and that City has full
legal title to and the right to reproduce any of the Work Product. Consultant shall defend,
indemnify and hold City, and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as independent contractors in the
role of City officials, harmless from any loss, claim or liability in any way related to a
claim that City’s use is violating federal, state or local laws, or any contractual
provisions, relating to trade names, licenses, franchises, patents or other means of
protecting intellectual property rights and/or interests in products or inventions.
Consultant shall bear all costs arising from the use of patented, copyrighted, trade secret
or trademarked documents, materials, software, equipment, devices or processes used or
incorporated in the Services and materials produced under this Agreement. In the event
City’s use of any of the Work Product is held to constitute an infringement and any use
thereof is enjoined, Consultant, at its expense, shall: (a) secure for City the right to
continue using the Work Product by suspension of any injunction or by procuring a
license or licenses for City; or (b) modify the Work Product so that it becomes non-
infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of
City. Neither City nor any of its agents shall have control over the conduct of Consultant
or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes
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on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold
City harmless from any and all taxes, assessments, penalties, and interest asserted against
City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers’ compensation law regarding Consultant
and Consultant’s employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant’s covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the
Consultant from giving notices required by law or complying with an order to provide
information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably
necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant “financially interested” (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person
or entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
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shall immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited “conflict of interest” under applicable
laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by
law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold
harmless the City, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as independent contractors
in the role of City officials (collectively “Indemnitees” in this Section 11.0), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature
whatsoever, including fees of accountants and other professionals, and all costs
associated therewith, and reimbursement of attorneys’ fees and costs of defense
(collectively “Claims”), whether actual, alleged or threatened, to the extent arising out of,
pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful
misconduct of the Consultant, and/or its officers, agents, servants, employees,
subcontractors, contractors or their officers, agents, servants or employees (or any entity
or individual for which or whom the Consultant shall bear legal liability) in the
performance of design professional services under this Agreement by a “design
professional,” as the term is defined in California Civil Code § 2782.8(c). The
indemnification obligation herein shall not in any way be limited by the insurance
obligations contained in this Agreement. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is
charged to Consultant exceed Consultant’s proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do
not arise in connection with the performance of professional services by a “design
professional”, as that term is defined in California Civil Code Section 2782.8(c),
including, but not limited to, those claims and liabilities normally covered by commercial
general and/or automobile liability insurance, and to the maximum extent permitted by
law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and
indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens,
stop notices, and losses of any nature whatsoever, including fees of accountants,
attorneys and other professionals, and all costs associated therewith, and the payment of
all consequential damages (collectively “Damages”), in law or equity, whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of
Consultant, its officers, agents, servants, employees, subcontractors, materialmen,
suppliers, or contractors, or their officers, agents, servants or employees (or any entity or
individual for which or whom Consultant shall bear legal liability) in the performance of
this Agreement, except to the extent the Damages arise from the active or sole negligence
or willful misconduct of any of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the Parties. Consultant shall defend the
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Indemnitees in any action or actions filed in connection with any Damages with counsel
of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’
fees and experts’ costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs
incurred by the Indemnitees in connection therewith. The indemnification obligation
herein shall not in any way be limited by the insurance obligations contained in this
Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that
they may possess against Consultant because of the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section 11 shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee’s right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker’s Compensation insurance as required by the State
of California, and Employer’s Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having an extended reporting period of not less than
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three (3) years after completion of the Services which shall
provide protection against claims of professional
negligence arising out of Consultant’s performance of the
Services and otherwise complying with all applicable
provisions of this Section 12. The policy shall be
endorsed to include contractual liability to the extent
insurable.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
less than:
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer’s Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers’
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which
are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
12.4 Deductibles and Self-Insured Retentions. Any deductibles or self-
insured retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any required
insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a
separate additionally insured endorsement naming the City,
its officers, officials, employees, designated volunteers and
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agents serving as independent contractors in the role of
City officials as additional insureds as respects: liability
arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its
officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of
City officials which are not also limitations applicable to
the named insured.
(2) For any claims related to this Agreement, Consultant’s
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in
the role of City or officials. Any insurance or self-
insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be
excess of Consultant’s insurance and shall not contribute
with it.
(3) Consultant’s insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer’s liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has
been given to City (ten (10) days prior written notice for
non-payment of premium). Consultant shall provide thirty
(30) days written notice to City prior to implementation of
a reduction of limits or material change of insurance
coverage as specified herein.
(5) Each insurance policy, required by this clause shall
expressly waive the insurer’s right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
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A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required
to be provided.
(8) Each policy shall specify that any and all costs of adjusting
and/or defending any claim against any insured, including
court costs and attorneys' fees, shall be paid in addition to
and shall not deplete any policy limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker’s Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements
shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before
Consultant commences performance. If performance of this Agreement shall extend
beyond one year, Consultant shall provide City with the required policies or
endorsements evidencing renewal of the required policies of insurance prior to the
expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of
this Agreement including the indemnity and insurance requirements to the extent they
apply to the scope of any such subcontractor’s work. Contractor shall require its
subcontractors to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to City pursuant to this Agreement, and to require each of
its subcontractors to include these same provisions in its contract with any sub-
subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant’s performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
require. City shall compensate Consultant for any litigation support services in an
amount to be agreed upon by the parties.
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14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall
pay Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant
shall have no other claim against City by reason of such termination, including any claim
for compensation. City may terminate for cause following a default remaining uncured
more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10)
business days prior written notice for any of the following: (1) uncured breach by the
City of any material term of this Agreement, including but not limited to Payment
Terms; (2) material changes in the conditions under which this Agreement was entered
into, coupled with the failure of the parties to reach accord on the fees and charges for
any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Consultant’s and City’s
regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses set forth in this Section, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section.
All notices shall be addressed as follows:
If to City: City of Rancho Cucamonga
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
Attn: Marlena Perez, Principal Engineer
If to Consultant: Roadway Asset Services, LLC.
6001 W Parmer Lane
Suite 370-1102
Austin, Texas 78727
Attn: Scot Gordon, President, Principal
16. Non-Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
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17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant’s
obligations hereunder without City’s prior written consent. Except as provided herein,
any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. Consultant is aware of the requirements of California
Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the
payment of prevailing wage rates and the performance of other requirements on “public
works” and “maintenance” projects. If the Services are being performed as part of an
applicable “public works” or “maintenance” project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
can be found at http://www.dir.ca.gov/dlsr/DPreWageDetermination.htm
Consultant shall make copies of the prevailing rates of per diem wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant’s principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the City, its elected
officials, officers, employees and agents free and harmless from any claim or liability
arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
19. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney’s Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney’s fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall
prevail.
22. Applicable Law and Venue. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of the
State of California. Venue for any action relating to this Agreement shall be in the San
Bernardino County Superior Court.
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23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the Agreement
or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Consultant Name: Roadway Asset Services
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
By: ______________________________
Name Date
______________________________
Title
City of Rancho Cucamonga
By:________________________________
Name Date
_________________________________
Title
(two signatures required if corporation)
L. Dennis Michael, MayorScot Gordon, President
4/16/2025
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EXHIBIT A
SCOPE OF SERVICES AND SCHEDULE OF PERFORMANCE
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Scope of Work
City of Rancho Cucamonga: Pavement & Asset Management Program
Section I: Scope of Work Description
Roadway Asset Services, LLC (CONSULTANT) understands that the City of Rancho Cucamonga (CLIENT)
requests the performance of Pavement and Right-of-Way Asset (ROW) Data Collection and Reporting
services to assess the existing condition of all existing public roadway pavements within the City’s
boundaries.
Base Scope of Work: PMP Inventory: The project will be completed by conducting a field survey of the
pavement conditions on all CLIENT maintained roads in accordance with a modified version of the ASTM
Standard D6433 “Standard Practice for Roads and Parking Lots Pavement Condition Index (PCI) Surveys.”
The PCI based pavement condition and right-of-way asset image survey is to be conducted on approximately
497 centerline miles (646 survey miles accounting for two-directional testing on arterial, collector, and
industrial roads) of roadways within the City limits, on each street segment which is typically block-to-block
and tagged with a unique GIS ID on the feature-class layer. The project includes the adoption of the City’s
existing street centerline layer. CONSULTANT will proceed with driving arterial roads in two directions and
local roadways in a single direction. The test miles are driven by the Roadway Asset Collection (RAC) vehicle
and rated for pavement condition on CLIENT owned roads. A comprehensive pavement analysis with multi-
year maintenance and rehabilitation recommendations and budget scenarios is to be delivered in a Final
Report. CONSULTANT is to implement the BOSSTM pavement management system. For the first year
(including the initial report is delivered by approximately January 2026) of the agreement, CONSULTANT
will provide the Gold level of service and analysis support to the CLIENT. Upon acceptance of the final report
and software operating parameters, CLIENT will have access to BOSSTM WEB and the RAS support program
package for the software.
Optional Services: CONSULTANT has separated years 3 through 5 of BOSSTM WEB licenses for the CLIENT to
elect to continue that service on an annual basis beginning in year 3. There is also an option for a pavement
condition assessment in 2027/2028 of the major roadways should the City elect to update the PCI data and
update deterioration models.
The CONSULTANT (Roadway Asset Services, LLC) shall provide the following services to the CLIENT (City of
Rancho Cucamonga, California):
Task 1: Project Initiation & Project Management
At the outset of the project, CONSULTANT will work in conjunction with CLIENT staff to review the CLIENT’s
existing GIS centerline files and pavement inventory for use in this project. After an initial review,
CONSULTANT will conduct a kickoff meeting with CLIENT to discuss the GIS files, deliverable formats,
biweekly progress meetings, and additional data needed by CONSULTANT. During the kickoff meeting,
CONSULTANT will also present the methodology for the pavement condition assessment and
comprehensive ROW asset survey, review with CLIENT the quality assurance/quality control (QA/QC) plan,
introduce key personnel, review equipment, and revise the schedule. Project communication protocol,
documentation, accounting methodologies, and data format will be confirmed during the meeting.
Task 1 Deliverables:
1.CONSULTANT will attend the virtual project kick-off meeting.
2.CONSULTANT will coordinate and management schedule, scope and costs.
3.CONSULTANT to coordinate recurring status meetings on a bi-weekly basis.
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Task 2: Field Setup, Centerline Identification & GPS Network Creation
Centerline Identification & Field Setup
CONSULTANT will review the CLIENT’s existing GIS centerline and perform an
audit of the data to ensure that all roads requiring data collection are
surveyed. CONSULTANT will use the existing centerline data and create a
pavement database on the centerline layer. Each road segment record in the
centerline layer will have a corresponding record in the pavement database.
In addition, CONSULTANT will work with the CLIENT to maintain the unique
identifier of each road segment in the road network so that the pavement
database can maintain a link to the GIS data. The result will be a clean GIS
centerline ready for consumption of additional layers and attribution related
to the pavement condition surveys and asset inventories.
At the completion of the GIS audit, CONSULTANT will deliver a .pdf and ArcGIS
file geodatabase collection map that ensures arterial and collector roadways are two pass tested and that
local roads are single pass tested.
GPS Network Creation
CONSULTANT will consume the final GIS centerline’s to be adopted for the pavement condition surveys as
it will serve as the foundation for routing and CLIENT road ownership. The centerline data will be loaded to
the RAC van field routing application in preparation of the surveys. The mobile mapping application will be
utilized to track the centerline segments surveyed and eventually link the XY coordinates of each automated
sample collected.
Task 2 Deliverables:
1. CONSULTANT will develop the road centerline file and GIS data to finalize the extent of the survey.
2. CONSULTANT will initiate field setup, routing, and GIS integration into the RAC vehicle.
Task 3: Collect Roadway Network
The CONSULTANT will collect roadway data and images on 680 survey miles using a Roadway Asset
Collection (RAC) vehicle or identical equipment from a strategic business partner. The CONSULTANT retains
a fleet of 4 RAC vehicles and may lease additional equipment if necessary to meet timeline objectives.
The CONSULTANT team consists of a driver and operator who will systematically drive the automated data
collection vehicle on the road segment listings provided by the CLIENT. The CONSULTANT will collect
pavement data with two passes on arterial, collector, and industrial roadways while single pass testing the
local roadways. CONSULTANT proposes to use its collection vehicle line scan camera with laser illumination
and right-of-way cameras to capture pavement and ROW images to be used during the pavement rating
process. Unpaved roads will not be surveyed.
CONSULTANT will record imagery for deliverables and identify all requested right-of-way (ROW) assets by
collecting images at 20-ft maximum intervals with an automated data collection survey vehicle equipped
with a Laser Crack Measurement System (LCMS-2) for automated pavement data acquisition, panoramic
camera system for capturing right-of-way imagery, and a laser profiler which includes at minimum two-line
lasers for capturing roughness and ride data. CONSULTANT will perform data field collection on paved roads
using a state-of-the-art Roadway Asset Collection (RAC) vehicle with the following systems mounted:
• Right-of-way georeferenced images with: Forward, Left, Right, and spherical images.
• LCMS-2 pavement 2D/3D imaging.
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• Longitudinal profile with 2-line lasers (left and right wheel paths)
• Distance measuring instrument (DMI) with an accuracy of +/- 0.1%.
• Differentially corrected GPS (DGPS) with an accuracy of +/- 2 feet.
• Applanix POS/LV 220 to compensate for difficult GPS conditions in urban environments.
• The RAC vehicle collects pavement and ROW images, IMU, DMI and profiler data concurrently.
A RAS automated data collection vehicle
The International Roughness Index (IRI) will be collected using a class 1 road surface profiler. The road
surface profiler meets all ASTM E-950 standards for evaluating the smoothness of pavement.
CONSULTANT will process the LCMS-2 and panoramic imagery to deliver to the CLIENT via an external hard
drive with image hyperlinks included in the pavement database (.csv).
Example imagery from RAC camera system
Task 3 Deliverable:
1. CONSULTANT will complete field testing on all paved roadways.
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Task 4: Pavement Condition Index (PCI): ASTM D6433 Distress Processing
ASTM D6433 Distress Processing
CONSULTANT will evaluate the PCI
survey results in accordance with ASTM
D6433. CONSULTANT will conduct a
100% linear survey on all CLIENT
maintained roadways driven and
evaluate those sample images using an
analysis program called RoadTRIPTM
(Technical Rating Intelligence Program).
The program was designed around
automated inspection techniques
utilizing a modified ASTM D6433
pavement distress rating protocol that
includes the following distresses:
alligator cracking, longitudinal cracking,
transverse cracking, block cracking,
rutting, weathering/raveling, potholes,
and patching. Experienced pavement
engineers will review the resultant output for accuracy and make any corrections that may be needed. The
Road TRIPTM software allows the pavement and right of way imagery to be synchronized and the distress
data to be displayed geospatially to provide another layer of QA.
Quality Assurance and Quality Control
The CONSULTANT will perform quality assurance and quality control on all data collected.
CONSULTANT has a proven Quality Assurance (QA)/Quality Control (QC) procedure for all mobile data
collection projects. CONSULTANT QC procedures begin with the RAC vehicles’ collection process.
The technician will check each camera’s exposure rate, image quality, GPS, and IMU operation to ensure
the data collection system is recording the image and that the GPS location is within the stated project
tolerance. Each collection day’s calibration collection will be documented in the collection logbook. The
collection logbook also contains information such as date, location, technician and drivers name, any issue
that developed during the collection day and DMI calibration runs.
During image collection, the technician reviews the images collected on-screen as they are collected and
any issue with image clarity requires the collection run to end and the image quality issue to be resolved.
Once resolved, the collection run begins from the beginning for the road segment collected. The technician
also monitors GPS reception during collection. If GPS reception is lost (measured using PDOP – positional
dilution of precision), the technician stops the collection and resolves the GPS reception issue. Collection
begins again once the GPS reception issue is resolved. All issues resulting in the collection run being stopped
will be recorded in the collection logbook along with the resolution.
With a completed collection drive delivered to CONSULTANT offices, images are post processed and
provided to the image QC Officer who will perform quality control checks on each delivery provided. The
QC Officer will visually review the collection routes for image quality. All collection runs that are considered
of low quality will be marked for recollection before the data collection vehicle(s) is allowed to leave the
project site. Additionally, CONSULTANT will provide independent quality checks via field verification to
confirm accuracy of automated data collection.
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Task 4 Deliverables:
1. CONSULTANT will deliver all views camera system and a single view of the LCMS-2 downward
pavement imagery.
Task 5: RAS Verification & Pilot Review
CONSULTANT will work with the CLIENT to identify and setup a pilot of approximately 10 miles of roadway
so that initial sample data can be collected, processed, and verified. CONSULTANT will collect data within
pilot project area, process the data and review the result with the CLIENT. If any corrective action is
identified during the data validation, such corrections will be applied to the data processing algorithms prior
to final PCI calculations. CONSULTANT will work with the CLIENT to review and verify that the data is ready
to proceed. This task is to be completed on-site or virtually depending upon the availability of key staff.
Task 5 Deliverables:
1. CONSULTANT will schedule and conduct virtual/on-site field validation with CLIENT staff.
2. CONSULTANT will process data for the pilot area (approx. 10-miles) and data validation meeting.
3. CONSULTANT will make any necessary modifications to processing algorithms.
Task 6: Pavement Widths Verifications
The CONSULTANT will use aerial imagery and the images from the RAC camera system to capture the width
of pavement for each street segment to compare with any existing database information. CONSULTATNT
will capture multiple widths for each pavement segment, including noticeable width changes (including turn
lanes) to ensure an acceptable average width per segment is acquired for budgetary modeling purposes.
Task 6 Deliverables:
1. CONSULTANT will deliver the width measurements as an attribute of the final dataset.
Task 7: Delivery of Inventory Data and PowerBI Portal
The CONSULTANT will package all of the pavement management data into an updated File Geodatabase, a
MS PowerBI QC portal, and ArcGIS Online (AGOL) PCI maps for the CLIENT to access. The data included in
the deliverable will include; individual pavement distress quantities, densities and deduct values for each
segment, PCI for each segment, linked forward-view imagery in the PowerBI portal, and all imagery
delivered via a portable hard drive.
Task 7 Deliverables:
1. CONSULTANT will deliver a final GIS file geodatabase containing collected pavement data
(containing the Type, Severity and Extent of distresses along the road segment as defined by the
ASTM D6433 methodology), distresses, and PCI value for each roadway segment.
2. CONSULTANT to host a PowerBI portal as a QC tool with access to segment-level data and forward-
view imagery.
a. The QC portal will be hosted by RAS and the term of the license to this portal will last
through the duration of the contract. This data is static and will not change with any updates
to the BOSS WEBTM system.
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Task 8: Pavement Analysis, Budget Scenarios & Report
CONSULTANT will develop, configure and set up the pavement analysis operating parameters within our
Budget Optimization Street Selector (BOSSTM) application. CONSULTANT will configure the software with
maintenance and rehabilitation activities, PCI trigger points, costs, reset PCI values, completed
rehabilitation work since the survey, planned work, existing budgets, pavement deterioration curve
development/assignment, and inflation priorities. CONSULTANT will assist the CLIENT with determining the
right treatment (prescription) at the right time by reviewing the CLIENT’s existing maintenance and
rehabiliation strategies and recommending others that may be a good fit. The scope will include running at
least 10 profile budget runs to establish the budget model trend and showcasing at least 5 budget scenarios
for the 5-year pavement analysis.
We propose to provide these services to develop
a 5-year maintenance plan that is financially
optimized and prioritized to meet the needs of
the CLIENT. BOSS™ is a cloud based application
with powerful pavement management algorithms
behind it that export the results of the pavement
analysis to a user friendly interface such as
Microsoft Power BI (single user log-in supplied
and hosted by RAS for the duration of the license
of BOSS WEBTM), Excel Spreadsheets, and
PowerPoint files. All of the results are integrated
with the CLIENT’s existing GIS and supplied to the
CLIENT as a File Geodatabase for consumption and storage.
While the CONSULTANT will define the scenarios to be run with the CLIENT, at a minimum the following
questions should be answered with the budgetary scenarios:
• What is the resultant network PCI at my current funding level?
• What budget is required to maintain my existing network PCI?
• What budget is required to achieve a desired network PCI?
• What budget is required to control the growth in backlog?
COSULTANT will provide the CLIENT a final executive
report including study objectives, background
information, methodology, work history of completed
maintenance and rehabilitation, inventory of all roads,
current pavement conditions for each street function
classification, and network PCI and IRI. In addition, the
CLIENT will receive statistical charts, graphs, and area
maps illustrating all PCI results, pavement type, the
overall road quality, and findings from the pavement
evaluation.
Task 8 Deliverables:
1. The final pavement and analysis results will be delivered as a File Geodatabase that is ready to be
consumed within the CLIENT’s GIS environment.
2. A final report will be drafted that summarizes the results of the data collection survey and
budetary models performed as a part of the pavement analysis.
3. Initial analysis parameters will be imported to the CLIENT’s BOSS WEBTM system.
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Task 9: BOSS WEBTM Configuration, Deployment & Training
Access to the software grants the CLIENT the ability to add segments to
the inventory, edit attributes, modify management section sizes
(projects), program completed work, program planned work, modify the
customized deterioration curves, re-assign appropriate curves, modify an
unlimited number of maintenance and rehabilitation activities, modify priority parameters, run customized
budgetary models, and view scenario results. In addition, the BOSS WEB™ software can be linked to update
the CLIENT’s GIS via an ArcGIS Online End Point.
Configuration of BOSS WEBTM
The CONSULTANT’S approach to the implementation, hosting, and training for the sofftware includes the
following CLIENT engagements during the configuration process.
• Deterioration Curves – forecasting pavement conditions requires a detailed set of pavement
deterioration curves for each roadway traffic classification and pavement material type, as
designated by the pavement management system. The CONSULTANT will develop the deterioration
curves to ensure they reflect realistic degradation rates for the CLIENT.
• Maintenance & Rehabilitation Setup – to ensure the results of the budget model runs meet the
CLIENT’S expectations, the CONSULTANT will discuss the CLIENT’S current Maintenance and
Rehabilitation setup within the pavement analysis setup. This will include activity set up, PCI
trigger points, and PCI reset scores.
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• Project development – the BOSS WEBTM functionality includes the ability to stitch segments
(block’s) together to form a project, also known as a “management section”. The CONSULTANT will
work with the CLIENT to review the initial model results and begin “stitching” segments together to
form logical projects that best meet the needs of the CLIENT.
• Financial Optimization & Prioritization Logic – BOSS WEBTM is designed to run analyses using sound
engineering and economic logic to prioritize which street candidates are selected throughout the
multi-year plan. While most pavement management programs will prioritize by roadway traffic and
condition, BOSS WEBTM takes it a step further and introduces financial optimization into candidate
selection through the use of a “Need Year” analysis that identifies each segment’s cost of deferral.
Understanding the “Cost of Segment Deferral” allows the analysis to maximize the CLIENT’S limited
funds in the best manner possible.
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BOSS WEBTM Training Program
Functional Training
RAS will conduct BOSS WEB™ training through a series of remote sessions for users of the pavement
management application. Software training will be deliberately executed in shorter web sessions that cover
a specific area of study within the software. While the training agenda will be developed and approved by
City staff toward the end of the project, topics such as the following can be expected:
1. Software overview, user interface, and administration constraints
2. Principles of pavement management
a. How to modify deterioration curves, pavement types, functional classifications,
deterioration curves, management sections, treatment groups, selection priorities,
visualizations, and inventory attributes.
3. Understanding the pavement condition indices and how BOSS uses them (PCI, RI, SI, and OCI)
4. Network inventory database management such as adding new streets and modifying
management sections.
5. How to update the system with the work the City has completed and check to ensure the City is
getting the PCI impact that was programmed
6. How to generate custom budget scenario reports and export the data from BOSS
7. How to maintain the database and what to look for within the BOSS system
8. Other topics and more detail will be added to this agenda when developed by RAS and reviewed
by City staff.
Tasks 9a-9e: BOSS WEBTM Hosting & Annual Support
Structure
The BOSS WEBTM application leverages an Azure hosted application.
Authentication
User Authentication shall be username / password and include self-service reset options such as email reset
and / or one time passcode.
Authorization
The application shall include a user, user group and module security model to manage user access to the
features of the application.
Standard Map Functionality
• All maps in the application shall have the option of adding ESRI base maps. Examples include, but
are not limited to:
o Imagery
o Streets
o Light gray canvas
o Dark gray canvas
• All maps in the application shall have the option of adding ESRI AGOL reference layers outside of
the CLIENT AGOL environment.
• Zoom, Pan, Select, Information Window
• Table of Contents, Customizable symbology.
• Hyperlinks to images hosted at a url.
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Annual Support Program
The BOSS WEB™ license includes a supplemental support package. The included Client Success Package
includes access to one of the CONSULTANT’s analysis mentors whom the CLIENT can call when they forget
how to access and perform tasks within the system. The CONSULTANT’s mentor provides further guidance,
feedback, and training to ensure the ultimate success of the CLIENT’s staff who is operating the BOSS WEB™
software. As a part of the BOSS WEB™ license subscription, CLIENT staff automatically receive a Client
Success Package with up to 20 hours of support supplied on a use it or lose it basis. Additional Support
Packages can be provided to the CLIENT on an annual basis if additional support or consulting services are
required.
Task 9 Deliverables:
1. BOSS WEBTM – Full configuration conducted in Year 1 at the conclusion of the CONSULTANT’s
pavement management report process.
2. BOSS WEBTM – Go-Live
3. Training to be condcted over a series of web meetings to configure the system.
4. Support to be provided to the CLIENT with an annual maximum of 20 hours through the duration
of the software license agreement.
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Section II – Scope of Services Budget
The CONSULTANT fee structure for this assignment can be found below with the compiled tasks to illustrate
the full scope of this project. The CONSULTANT fees are based on the proposed scope of work.
Assumptions:
• CONSULTANT to consume CLIENT GIS centerline for developing survey mileage.
• Arterial, Collector & Industrial roadways will be surveyed once in each direction and the local
roadways will be surveyed in a single direction.
• Roads are to be surveyed when free of debris and standing water at temperatures between 40 and
90 degrees Fahrenheit.
• Bill monthly, lump sum based on percent complete for each task item. Fees are inclusive of labor
and expenses.
Optional: BOSS WEBTM Annual License for Years 3-5
The following table includes the annual license fees for years 3 through 5 for BOSSTM WEB.
Task Description Units Unit Cost Fee
Item 1: PMP Inventory, Reporting, 1st Year BOSS TM Software
1 Project Initiation and Project Management [Lump Sum]1 $6,320.00 $6,320.00
2 Field Setup, Centerline Identification & GPS Network Creation [Lump Sum]1 $5,000.00 $5,000.00
3 Collect Roadway Network [Test-Miles]646 $100.00 $64,600.00
4 Pavement Condition Index (PCI): ASTM D6433 Distress Processing [T-Miles]646 $40.00 $25,840.00
5 RAS Verification & Pilot Review [Lump Sum]1 $3,500.00 $3,500.00
6 Pavement Widths Verification [Lane-Mi]993 $10.00 $9,930.00
7 Delivery of Inventory Data and PowerBI Portal [Lump Sum]1 $5,000.00 $5,000.00
8 Pavement Analysis, Budget Scenarios & Report [Lump Sum]1 $15,000.00 $15,000.00
9 BOSS™ WEB Configuration, Deployment, & Training (Year 1 Only) [Lump Sum]1 $25,000.00 $25,000.00
Annual BOSS License Fees
9-a BOSSTM WEB: Year 1 (2026 Annual Support, Maintenance & License) 1 $17,500.00 $17,500.00
9-b BOSSTM WEB: Year 2 (2027 Annual Support, Maintenance & License) 1 $17,500.00 $17,500.00
$195,190.00
Rancho Cucamonga
RFP #24/25-006 Pavement and Asset Management Program
Item 1 - PMP Inventory and Software Sub-Total:
Optional: BOSSTM WEB Years 3-5
Task Description Units Unit Cost Fee
10 BOSSTM WEB: Year 3 (2028 Annual Support, Maintenance & License)1 $20,000.00 $20,000.00
11 BOSSTM WEB: Year 4 (2029 Annual Support, Maintenance & License)1 $20,000.00 $20,000.00
12 BOSSTM WEB: Year 5 (2030 Annual Support, Maintenance & License)1 $20,000.00 $20,000.00
$60,000.00Optional: BOSSTM WEB Years 3-5 Sub-Total:
Docusign Envelope ID: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8
Attachment A
City of Rancho Cucamonga
Page 12
Optional: 2027/2028 Re-survey of Major Roads
The following table includes the tasks and fee associated with a partial network survey to update the PCI
data and import the data to the City’s BOSS WEBTM software mid-cycle. This set of tasks also includes staff
time to update the deterioration curves and import the updated PCI data.
This partial network PCI update and import to BOSS WEBTM would require approximately 4 to 5 months to
complete from issuance of NTP.
Project Total for All Services
Should the City elect to conduct the base scope of work and all optional services, the total 5-year project
fee is reflected below.
Optional 2027/2028 PCI Update of Major Roads
Task Description Units Unit Cost Fee
13 Setup and Mobilization 1 $5,500.00 $5,500.00
14 Collect Roadway Network [Test-Miles]364 $112.00 $40,768.00
15 Pavement Condition Index (PCI): ASTM D6433 Distress Processing [T-Miles]364 $45.00 $16,380.00
16 Staff Consulting Hours: Sr. Pavement Consultant (Hours)16 $275.00 $4,400.00
17 PCI Data Import to BOSSTM WEB 1 $5,000.00 $5,000.00
$72,048.002027/2028 PCI Update of Major Roads Sub-Total:
5- Year Project (Base SOW & Options) Total:$327,238.00
Docusign Envelope ID: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8
Attachment A
City of Rancho Cucamonga
Page 13
Section III – Scope of Services Schedule & Timeline
CONSULTANT to assign staff and resources to perform the tasks associated with this scope of work to meet
the timeline presented below.
Annual Service Milestones
From the projected timeline above, the recurring annual license will be schedule for renewal at the
approximate dates.
Milestone Time from NTP Estimated Milestone
Final Report & BOSS WEBTM Go-Live Approx. 9-Months January 2026
Year 1 License BOSS WEBTM Approx. 9-Months January 2026
Year 2 Renewal BOSS WEBTM Approx. 21-Months January 2027
Year 3 Renewal BOSS WEBTM Approx. 33-Months January 2028
Year 4 Renewal BOSS WEBTM Approx. 45-Months January 2029
Year 5 Renewal BOSS WEBTM Approx. 57-Months January 2030
Task Description / Milestone Days
1 Project Initiation and Project Management 7
2 Field Setup, Centerline Identification & GPS Network Creation 14 H
3a Roadway Asset Collection (RAC) Vehicle Mobilization/Calibration 2 H
3b Collect Roadway Network 27 H
4 Pavement Condition Index (PCI): ASTM D6433 Distress Processing 90
5 RAS Verification & Pilot Review 2
6 Pavement Widths Verification 50 H
7 Delivery of Inventory Data and PowerBI Portal 2
8a Pavement Analysis, Budget Scenarios & Report 50
8b City Review of Draft Report & Final PCI Data 15
8c Delivery of Final Report 7
9 BOSS WEBTM Configuration, Deployment & Training 60 H
10 to 12 ROW Asset Inventory Development 100
PM Scheduled Project Status Meetings 10
PM Presentations: Work Group & Council 2
CRITICAL PATH COMPONENTS Prep/GIS Database Work Field Work Client Reviews/Meetings
Extraction/Evaluation/QC Work Final Deliverable
Oct Nov
Project Month
Sept DecMayJunJulAug Jan
Docusign Envelope ID: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8
PSA with professional liability insurance (Design) Page 16
Last Revised: 01/11/2018
Attachment B – Sample Waiver of Subrogation
(Sample Only – Not all forms will look identical to this Sample)
Docusign Envelope ID: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8
PSA with professional liability insurance (Design) Page 17
Last Revised: 01/11/2018
Attachment C – Sample Additional Insured for On-going Projects Docusign Envelope ID: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8
Electronic Record and Signature Disclosure
Certificate Of Completion
Envelope Id: 67C07EE5-905E-42A8-ADFE-DD248BC5DED8 Status: Completed
Subject: Complete with Docusign: CO 2025-036_Roadway Asset Services Agreement.pdf
Source Envelope:
Document Pages: 30 Signatures: 2 Envelope Originator:
Certificate Pages: 5 Initials: 0 Sarine Hazarshahian
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
sarine.hazarshahian@cityofrc.us
IP Address: 199.201.174.250
Record Tracking
Status: Original
4/2/2025 2:42:10 PM
Holder: Sarine Hazarshahian
sarine.hazarshahian@cityofrc.us
Location: DocuSign
Signer Events Signature Timestamp
Scot Gordon
sgordon@roadwayassetservices.com
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 47.187.158.231
Sent: 4/2/2025 5:24:18 PM
Viewed: 4/3/2025 5:50:13 AM
Signed: 4/3/2025 6:01:15 AM
Electronic Record and Signature Disclosure:
Accepted: 4/3/2025 5:50:13 AM
ID: 807c85d8-3981-4179-a513-834f62d5f0b3
L. Dennis Michael
dennis.michael@cityofrc.us
Mayor/President
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 172.116.88.134
Signed using mobile
Sent: 4/17/2025 9:00:07 AM
Viewed: 4/17/2025 10:11:17 AM
Signed: 4/17/2025 10:11:50 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Janae Swaggard
Janae.Swaggard@cityofrc.us
Executive Assistant
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 4/3/2025 6:01:17 AM
Viewed: 4/14/2025 3:21:28 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Certified Delivery Events Status Timestamp
Sarine Hazarshahian
sarine.hazarshahian@cityofrc.us
Assistant Engineer
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 4/14/2025 3:21:29 PM
Viewed: 4/14/2025 3:58:08 PM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
City Clerk Services Department
ClerkContracts@CityofRC.us
City Clerk
City of Rancho Cucamonga
Security Level: Email, Account Authentication
(None)
Using IP Address: 199.201.174.250
Sent: 4/17/2025 10:11:52 AM
Viewed: 4/17/2025 11:22:51 AM
Electronic Record and Signature Disclosure:
Not Offered via Docusign
Carbon Copy Events Status Timestamp
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 4/2/2025 5:24:18 PM
Certified Delivered Security Checked 4/17/2025 11:22:51 AM
Signing Complete Security Checked 4/17/2025 10:11:50 AM
Completed Security Checked 4/17/2025 11:22:51 AM
Payment Events Status Timestamps
Electronic Record and Signature Disclosure
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, City of Rancho Cucamonga City Clerk's Office (we, us or Company) may be
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Electronic Record and Signature Disclosure created on: 2/22/2022 12:08:29 PM
Parties agreed to: Scot Gordon, Scot Gordon
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