HomeMy WebLinkAbout2008-387
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RESOLUTION NO. 2008-187
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $80,000
BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS
INCORPORATED FOR PAVEMENT MANAGEMENT INVENTORY AND PAVEMENT
DISTRESS/CURB AND GUTTER IDENTIFICATION OF CITY OF SAN
BERNARDINO STREETS.
WHEREAS, iWorQ Systems Incorporated is the propriety vendor of the work
order tracking system used by the Public Services Department, Street Division; and
WHEREAS, the pavement management inventory and pavement distress/curb
and gutter identification will provide an up-to-date assessment of the condition of all
11 city streets and will provide a list of curb and gutter segments that are missing
12 throughout the City.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Acting City Manager of the City of San Bernardino is
hereby authorized to execute on behalf of said City an Agreement between the City of
San Bernardino and iWorQ Systems Incorporated, a copy of which is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. This purchase is exempt from the formal contract procedures of
Section 3.040.010 of the Municipal Code, pursuant to Section 3.04.010. B-3 of said
Code, "Purchases approved by the Mayor and Common Council."
SECTION 3. That pursuant to this determination the Director of Finance or
his/her designee is hereby authorized to issue a new Purchase Order to iWorQ
Systems Incorporated in the amount of $80,000.
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2008-387
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $80,000
BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS
INCORPORATED FOR PAVEMENT MANAGEMENT INVENTORY AND PAVEMENT
DISTRESS/CURB AND GUTTER IDENTIFICATION OF CITY OF SAN
BERNARDINO STREETS.
SECTION 4. The new Purchase Order shall reference this Resolution No. 2008-
387 and shall read, "iWorQ Systems Incorporated for pavement management
inventory and pavement distress/curb and gutter identification of City of San
Bernardino streets, P.O. No.
, not to exceed $80,000" and shall incorporate
the terms and conditions of the agreement.
SECTION 5. The authorization to execute the above referenced Purchase
Order and Agreement is rescinded if it is not issued within sixty (60) days of the
passage of this resolution.
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2008-387
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AND
ISSUANCE OF A NEW PURCHASE ORDER IN THE AMOUNT OF $80,000
BETWEEN THE CITY OF SAN BERNARDINO AND IWORQ SYSTEMS
INCORPORATED FOR PAVEMENT MANAGEMENT INVENTORY AND PAVEMENT
DISTRESS/CURB AND GUTTER IDENTIFICATION OF CITY OF SAN
BERNARDINO STREETS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the
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Mayor and Common Council of the City of San Bernardino at a j 01 "I" rpgn 1 ~r
6th
October
day of
, 2008, by the
meeting thereof, held on the
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
BAXTER x
BRINKER x
DERRY x
KELLEY x
JOHNSON x
MCCAMMACK x
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Approved as to Form:
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The foregoing resolution is hereby approved this Qnf
October , 2008.
day of
~or
City of San Bernardino
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mes F. Penman
ity Attorney
2008-387
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VENDOR SERVICE AGREEMENT
This Vendor Service Agreement is entered into this 6th day of October 2008, by and
between iWorQ Systems Incorporated ("VENDOR") and the City of San Bernardino ("CITY"
or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for pavement management inventory and
pavement distress/curb and gutter identification of City of San Bernardino streets; and
WHEREAS, the City of San Bernardino has determined that the vendor possesses the
professional skills and ability to provide said services for the City.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated m Section 2, San Bernardino hereby engages the
services of VENDOR to provide those products and services as set forth in its quote, attached
hereto, marked Attachment "1" and incorporated herein by this reference as fully as though set
forth at length.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of $80,000 to provide and perform those
products and services referenced in Section I above.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this agreement shall be for a period of one (1) year.
EXHIBIT "A"
2008-387
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This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
Vendor agrees to and shall indemnifY and hold the City, its elected officials, employees,
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based on
asserted upon any or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connected with the accomplishment of the work or
performance of service under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
worker's compensation coverage, and shall file copies of said policies with the CITY's Risk
Manager prior to undertaking any work under this Agreement. CITY shall be set forth as an
EXHIBIT "A"
2008-387
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additional named insured in each policy of insurance provided hereunder. The Certificate of
Insurance furnished to the CITY shall require the insurer to notifY CITY of any change or
termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical conditions, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
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EXHIBIT "A"
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2008-387
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140
TO THE VENDOR:
iWorQ Systems Incorporated
190 E. Center
Logan, UT 84321
Telephone: (435) 755-5126
Contact: Garyn Perrett
10. ATTORNEYS' FEES.
In the event that litigation is brought by any party in connection with this Agreement,
the prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of
its rights or remedies hereunder or the enforcement of any of the terms, conditions or
provisions hereof. The costs, salary and expenses of the City Attorney and members of his
office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys'
fees" for the purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or
encumber all or any part of the VENDOR's interest in this Agreement without CITY's prior
written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void
and shall constitute a breach of this Agreement and cause for the termination of this
Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR
EXHIBIT "A"
2008-387
17. ENTIRE AGREEMENT; MODIFICATION.
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This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
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EXHIBIT "A"
2008-387
of VENDOR's obligation to perform all other obligations to be performed by VENDOR
hereunder for the term of this Agreement.
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10 13. GOVERNING LAW.
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The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be
mandatory and not permissive in nature.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this Agreement
and their respective heirs, representatives, successors, and assigns.
The subject headings of the sections of this Agreement are included for the pUl]loses of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
EXHIBIT" A"
2008-387
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VENDOR SERVICE AGREEMENT
IWORQ SYSTEMS INCORPORATED
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Dated
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IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and
date set forth below.
Dated: J O!r re-
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,2008
Its:
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,2008
CITY OF SAN BERNARDINO
By: fJLlt-J
Lori Sassoon, Acting City Manager
Approved as to Form:
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EXHIBIT "A"
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ATTACHMENT "1"
2008-387
Pavement Management Inventory and Pavement Distress Identification Quote
The inventory and pavement distress identification will be started at your request and will be completed in one
Month. The deliverables include:
I. A pavement segment inventory with a unique id associated to the San Bernardino Street centerline file.
2. A Pavement distress identification based on remaining service life (RSL), and the SHRP distress
Manual
3. A condition for each segment, estimated widths and lengths
4. A network pavement condition distribution
5. A recommended treatment for each pavement segment
6. Yes/No for curb and gutter on each segment
7. A complete data set entered into the iWorQ Pavement Management application
8. The information and data required for budgeting and planning
The project will require 4 weeks of data collection for 2 crews. This Crew will have a team member from
iW orQ and a Crew Member from San Bernardino. This estimate is based on 800 miles of road.
Table I. Inventory and Distress Identification Breakdown
Task Cost Total
1 $ 1200/Day $30,000
2 $500/da $3,000
1 $ 1200/day $30,000
2 $500/da $3,000
3 $14,000 $14,000
$80,000
The table above shows the cost for 2 people along with data entry, travel, food, equipment, time and overhead
for 4 weeks. The total cost ofthe project is $80,000.
To get started on this project iWorQ will require a letter of intent requesting iWorQ's assistance as well as the
acceptance of the estimated costs. iWorQ will not exceed the estimated costs. If San Bernardino needs any
references please call.
This quote was provided at the Request of San Bernardino and is good until November 30, 2008.
Garyn Perrett, Manager iWorQ Systems
435-755-5126 office
435-770-7707 cell