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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Authorization to execute
agreement with Stantec Consulting, Inc. for
providing professional services to develop a
Pavement Management Program.
Dept: Development Services
Date: April 9, 2001
MCC Date: 5/07/01
Synopsis of Previous Council Action:
7/10/00 Allocated $150,000 as part ofFY 2000/01 CIP budget for Pavement Management
Program.
Recommended Motion:
Adopt Resolution. ~ ~
James Funk
Contact person: T. Jarb Thaipejr, Sf. Civil Engineer Phone: 5127
Supporting data attached: Staff Report. Reso.. Agreement. Proposal
Ward: All
FUNDING REQUIREMENTS: Amount: $114,400.00
Source: (Aeet. No.) 126-369-5504-7188
Acct. Description:
Finance:
Council Notes
Agenda Item No. J.k
5/7/ /)}
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City of San Bernardino - Request for Council Action
Staff Report
Subiect:
Authorization to execute agreement with Stantec Consulting, Inc, for providing professional
services to develop a Pavement Management Program.
Backeround:
Invitations were sent to 53 vendors requesting them to notify the City if they were interested in
receiving a bid package regarding this project. Responses were received from seventeen
vendors, Request for Proposal (RFP) No. F 01-55 for Professional Services to perform a
Pavement Management Program was sent to the responding vendors, as well as advertised in
The Sun Newspaper, the City's web site, and with the San Bernardino Area Chamber of
Commerce. The following 5 fIrms responded to the RFP:
1. Charles Abbott Associates, Inc., Torrance, CA
2. Consulpav International, Ventura, CA
3, Harris & Associates, Irvine, CA
4. Stantec Consulting, Inc, , Phoenix, AZ
5. Infrastructure Management Services, Inc., Tempe, AZ
After careful review of the proposals and interviews with these fIrms, the selection committee
consisting of Ed Stone, Street Superintendent; Jarb Thaipejr, Senior Civil Engineer; and Ali
Cayir, President of Transtec, determined that Stantec Consulting Inc. was the best qualifIed to
provide the necessary services. In making their determination, the committee considered
similar project experience, personnel assigned to the project, references, ability to meet
scheduling requirements, and understanding of and interest in the project.
Since 1986, Stantec has successfully implemented pavement management systems and
continuing updates for CALTRANS and fourteen cities in California. Public Works staff
contacted the cities of Fontana and Yucaipa for references and received favorable responses
from both regarding Stantec' s performance and quality of work,
A comprehensive citywide Pavement Management Program will be developed to identify the
needs of the existing street system, establish cost effective improvement priorities, and develop
a long range plan (up to 10 years) for implementation of a pavement maintenance and
rehabilitation program subject to Mayor and Council approval. It is anticipated that the project
may be implemented in six to eight months.
Financial ImDact:
This Agreement for Services, not to exceed $99,400.00 with a contingency amount of
$15,000.00, will be charged to the $150,000,00 allocated in Acconnt No. 126-369-5504-7188
(Pavement Management Program) in the 2000/01 Capital Improvement Program,
Recommendation:
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3.0 IMPLEMENTATION WORK PLAN
3.0 PROJECT UNDERSTANDING
The City of San Bernardino wishes to implement a Comprehensive Pavement
Management Program (CPMP). This will involve conducting an inventory of and
evaluating the condition of all 576 miles of streets and alleys maintained by the City.
Utilizing that evaluation, a City-Wide Comprehensive Pavement Management
Program will be developed identifying the needs of the street system, establishing
cost-effective improvement priorities and developing a long-range program (up to 10
years) for implementation of that program. The software will provide the capability to
develop improvement programs necessary to achieve a desired level of
serviceability.
The final work product of this project will be an on-site software program that will
assist the City in the planning, implementation and coordination of its street
maintenance/construction program in a systematic manner. The Municipal
Pavement Management Application (MPMA) software system provided by Stantec
will meet all of the City's goals relative to pavement management as set forth in the
RFP. It will also accommodate items 1 through 4, in item d of section B. If the City
proceeds with items 5 through 6, our Infrastructure Management Application (IMA)
will be provided.
The MPMA is a multi-user, client server application that can run on Oracle, SOL
Server or on a Visual FoxPro database. It features user definable forms and fields.
The MPMA provides the City with the opportunity to maintain the database, to
develop new analysis and maintenance/rehabilitation programs, to incorporate
variable funding levels, to modify all aspects of the decision process, and to perform
subsequent re-inventories of the pavement network by City staff without the
consultant's assistance or equipment.
Stantec will provide the City with the necessary data collection and software
operations manuals and to also provide training for City staff. This training will cover
all aspects of the operation of the MPMA and the data collection activities.
The MPMA will provide the City with the ability to maintain the database, both current
and historical, and to update the surface distress condition data by either automated
or manual data collection methodologies.
The GASB Statement 34 requirements will be addressed through the implementation
of the applications provided by Stantec.
The MPMA will be implemented such that the system interfaces with the City's
current GIS. Interfacing with other management programs such as a work order
system is also possible. The MPMA exports data to Excel.
Stantec utilizes state-of-the-art speech-to-data technology linked to GPS technology
to collect data for the sign, curb and gutter and sidewalk survey. In addition to
providing a textural database, Stantec is also able to deliver an ArcView shape
referenced to the data. The GPS data allows Stantec to provide GIS map layers for
both the pOint features (signs), and the line features, such as curb and gutter and
sidewalks. This methodology has been proven to provide data quickly and with 98%
accuracy.
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3.1 PROJECT MANAGEMENT
We have found that utilizing a formal process to monitor and control projects, such
as this CPMP project for City of San Bernardino, is an effective way of ensuring the
project is delivered on time and on schedule. This management process comprises
a series of work tasks interrelated in a project flow chart and schedule, each with
defined objectives, budgets and deliverables, These tasks are then assigned to
individual team members for execution.
3.2
Certain advantages of this process are:
. Allows the City to critically review each major task component.
. Ensures a continual process of technology transfer to City staff.
. Allows the City to become a partner in the development process by
incorporating their staff as integral team members.
Allows for critical "go", "no go" decision points ensuring City control over
project direction.
Allows for close monitoring of project schedules and maximizes Quality
Assurance by reviewing each task deliverable, as the project unfolds.
Affords a measurable definition of milestones and deliverables for payment
purposes.
PAVEMENT MANAGEMENT PROGRAM IMPLEMENTATION
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Implementation of the pavement management program will be completed over six
tasks as follows:
Pavement Management Implementation Work Plan
PROJECT START PROJECT COMPLETION
KICK-OFF
MEETING
PROJECT MEETING
REVIEW
DATA COllECTION
PROCEDURES
STATUS-REVIEW
MEETING
PRESENTATION
SUBMITTALS
OATA TASK 4.0
KRECIC THOMAS COllECTION TASK.5.0
ANAlYSIS TASK 8.0
HAllMAN KRECIC ROBSON REPORT
KRECIC TRAINING
PROJECT SASE ROUGHNESS KFlECIC
SCOPE CONSTRUCTION HALLMAN ROBSON
. GOAlS SURFACE PRESENT
DISTRESS PRESENT STATUS DATA
PMS VARiABlES STATUS COllECTION
& DEFAUlTS DATA EDIT NEEDS
& UPlOADING NEEDS KRECIC
MAINTENANCE
MAINTENANCE! SCHEDUlE SOFTWARE
AEHABILlTATK>N
BACKLOG
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TASK 1.0 - CPMP PROJECT INITIATION
Objective
The objective of this task is to set the working environment for the project by
finalizing the scope and identifying key resources. This will be largely accomplished
during a meeting with City staff to discuss the details of the project, expectations,
schedule and issues. This task also provides for Project Management and
Mobilization
The City requires that this project provide the following:
1. Development of a pavement management system software application
2. A complete evaluation of the condition of all 576 miles of City owned streets and
alleys;
3. The development of a long-range program (one to ten years) for implementation
of the required improvements.
Task Action Items
· Kick-off project by holding a project meeting to identify project personnel,
lines of communication, data sources, City participation and overall project
methodology.
· Confirm services agreement, scope, work plan, schedule and deliverables.
· Receive and review map of the City covering all streets to be surveyed.
· Verify which streets the City owns, including full width and partial widths.
· Confirm that the CPMP street database can be electronically built from the
Thomas Brothers centerline file.
· Receive and review any existing street database and other data sources.
· Obtain copies of all pertinent documents, traffic counts and construction
standards.
· Review the surface distress definitions, including descriptions of the severity
levels and the extent ranges.
· Review the impact of collecting deflection based strength data on major
streets, and bus and truck routes.
· Review the criteria for the collection of any other data that affects pavement
performance.
We plan to utilize the latest version of Stantec's Municipal Pavement Management
Application (MPMA) for this project. A review of reports generated from the MPMA
will be presented for discussion.
The following reports will be addressed:
. Present Status Reports
. Needs or Backlog Reports
· Prioritized Maintenance/Construction Program Reports
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Client Support
The following Client activities and project needs are anticipated:
· Provisions of requested data and attendance at project meeting(s).
· Acceptance of the work plan and scope.
Deliverables
· A finalized project scope. This document will include the final work plan,
schedule and deliverable milestones,
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TASK 2.0 - MPMA IMPLEMENTATION
Objective
The objective of this task is to build the MPMA database, The new database will
have a one-to-one relationship to the City's Thomas Bros. Centerline file.
Task Action Items
Referencing and Inventory Information
This task will be used for developing a street sectioning convention, inventory
information, (length, width, pavement structure, traffic) parametric files development
(decision trees, strategies, unit costs, etc.). The work activities will involve:
· Create a sectional street database. This should be created on a block-to-
block basis, to facilitate the one-to-one reference for linking the MPMA
database to the Thomas Bros. street centerline file.
· The link to the City's street centerline file will be achieved by loading the arc
10 number into the appropriate field in the MPMA database.
· Apply geometric, attribute and parametric information as available to the
street sections. To minimize costs and to leverage data that the City may
already have, Stantec will provide the MPMA sectional database to the City,
in xis format, for the input of data elements such as Functional Class, traffic
data, pavement width and historical information. Should City staff be
unavailable for this Task, Stantec staff could be provided at per diem rates.
No estimate of the effort required is available until it is determined what data
is available and what format it is in. A number of these items may be input
either as defaults, extrapolated from other data, or collected in additional
surveys.
· Where geometric information is missing apply the following:
· Section length - obtain from RT 3000 survey.
· Section width - use common default width values based on # of lanes
from the RT surveyor from data supplied by City.
· Where attribute data is missing, determine if additional surveys are required
(e.g. pavement cores) or establish reasonable default values based on
functional class for example.
. Develop decision criteria.
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. Import parametric information commonly used in Southern California, where
appropriate, if not available from the City.
. Install the MPMA software on the City's computer network.
Client Support
The following Client activities and project needs are anticipated:
. Attendance at project meeting(s) by people with knowledgeable of the City's
street and alley network so we can obtain unwritten inventory and attribute
information from them.
. Provide required attribute information such as functional class, traffic
structure and historical data as available in xis format.
. Review, editing and acceptance of inventory, geometric and attribute
information.
. Select and install the RDBMS if required (Oracle or SOL Server)
. Provide input as to the maintenance and rehabilitation strategies, methods,
costs and criteria the City wishes to utilize in the MPMA decision process.
Deliverables
. A series of MPMA Present Status Inventory and Attribute Reports.
· A completed set of decision criteria for use in Task 4 MPMA Analysis.
· MPMA Software (5 seat license) installed on the City's network.
TASK 3.0 - MPMA PAVEMENT DATA COLLECTION
Objective
The objective of this task is to collect representative, defensible and repeatable
roadway condition data following industry standard guidelines and protocol. The
Stantec RT unit surveys multiple lanes (up to 3 adjacent, undivided lanes) for
surface distress in one pass.
Task Action Items
Surface Distress and Ride Condition (IRI) data will be collected as soon as the
sectional database, and the distress criteria definitions are approved and field
conditions permit. Deflection testing may be utilized on the major traffic routes A( or
any particular sections designated by the City) if the City agrees that this is
appropriate. The Stantec MPMA allows for various combinations of data. For
example, deflection data may be accommodated on those roadway sections where it
is deemed important, major streets and truck/bus routes, but it is not needed on
unnecessary sections. Stantec will utilize the RT 3000, as discussed in Section 1,
for the surface distress and roughness data collection and a dynaflect for any
deflection testing. No provision is included in this scope to determine layer
thickness' .
Drainage condition (good, fair, poor), curb type (pCC, AC None) and condition (%
acceptable, marginal and unacceptable) are included in the standard Stantec RT
survey.
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PQI 8.4 lZ/Ol/l'''lpQl.f(SOl, Rei, SAI) EI 8.0 in 1997 Skid No.: 0,00
Helm 112/01/1...llstondord EI r Override Q
RESPONSE IRI (i"'mi) RUTDEPTH (in)
ROUGHNESS Lei! Righi Both Lei! Righi Both
Average: 0.00 0,00 234.00 234,00 0.00 0,00 0,00
standard Deviation: 0.00 0,00 12.00 D.oo 0.00
SDIDIlllz/ol/l'..I,",.pIlat r Override Rater:D q,
Distress: ~t Rip Rail Flu Dis Exc Edg AIg Pol Map Lon Tm R~
Value: 10.0 1D,D 7,3 10,0 10,0 10.0 9.0 10,0 10.0 1D.0 9.7 10,0 10,0
SAlOl I I II Ontario EJ r O....erride Q
Seasol'l81 Adjustment: ~ S1 S2 S3 S4 55 (mli.) SCi BCI SPD
Al,lerage: 0.00 000 0.00 0.00 O.OD 0.00 0.00 0,00
standard Devi8lion: 0.00 0.00 0,00 0.00 O.OD 0,00 0.00 0,00
Municipal Pavement Management Application illustrating how Ride Condition (RCI) or Roughness Data
(lRI), Surface Distress (501) and Pavement Quality (PQI) are presented. Structural Adequacy (SAI) is
optional.
QUALITY CONTROL - SURFACE DISTRESS SURVEY
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With each data collection project completed, we not only learn more about the
science of data gathering, but the issues that relate to the quality. At all times, the
data must be technically correct such that a confidence in the use of the data is
developed by the end user. In preparation of this we have identified six key steps in
our ONOC program as presented below.
1. Scope Confirmation
The following information will have been confirmed during the project initiation
meeting:
· Finalize scope of data collection - sections, lengths, from-to, field formats
etc.
· Review data collection standards and procedures, milestones, and data
transfer protocol.
. Finalize the ONOC process
. Complete data collection review and calibration.
. Identify lines of communication.
Stantec has completed this task on numerous other projects of this size and
larger, so these tasks should be straightforward.
2. Calibration
As identified in our work program, calibration of the Stantec crews and RT 3000
unit will be conducted prior to the start of data collection in accordance with the
pavement management system procedures and standards. The data control
tools that have been developed, practiced and refined over the past seven years
facilitate excellent data management
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3.6
3. Data Review
Following each component of the survey, on-site reviews will be conducted and
reacted to accordingly. If required, re-calibration of the crew and unit will be
conducted and data collected to date assessed for validity.
4. On-Board Edit
At the end of each data collection
day, the data collected will be:
. Manually edited using daily
data collection log notes.
. Verified for section 10, length
and stop - start.
. Electronically validated using
on-board software to ensure
all data fields contain correct
numeric data and
descriptions.
5. Data Processing
After receiving the data for post processing, electronic validation will be
completed again. Hard copy and screen data will be reviewed for compliance
and then the data will be entered into the software for analysis. The results will
then be reviewed as a test of reasonableness. The data will be viewed, edited
and processed. This office-based analysis is electronically compared to the
processed field data and any discrepancies are reported and resolved.
6. In-House QA
Stantec and the client will obtain random and select data samples for field
verification. This will include a hard copy review of the data as well as site
investigations. The in-house QA procedure will be used to close the loop on the
data collection exercise by having the same personnel who initiated the project
be responsible for the timely delivery of technically correct data.
Client Support
The following activity is anticipated to be required from the Client:
. Provide in-house data QA/QC, confirm and accept condition data.
Deliverables
Present Status Summary Reports providing the Surface Distress Index (SOl) and
Ride Condition Index (RCI) data on a section by section basis. The Pavement
Quality Index (PQI) will be calculated from the SOl and RCI and this will also be
included. Drainage condition (good, fair, poor), curb type (pCC, AC None) and
condition (% acceptable, marginal and unacceptable) are included in the standard
Stantec RT survey.
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City of San Bernardino
PERFORMANCE INOICATORS
Defau~ - All Network Sections. Aged pal by Lane-Miles
First year of analysIs is 1999
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o.uo 1..1 ~ 2.D"U1 3.0.1.8 4.0-40 U..5S 6fl.U HI-HI 8"".0 0.!l.10.o
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PQI Ronge 0.0.0.9 1.0-1.9 2.0~.9 3.0-3.9 4.0_4.9 6.0-6.9 6.0-6.9 7.0-7.9 8.0-8.9 9.0-10
SecUons 0 0 86 24 66 130 290 456 633 853 2536
% 0.0 0.0 51 1.7 35 53 12.3 182 269 271
Ln-ml 0.0 0.0 34 11 23 3.6 83 12.2 160 181 671
~... x 10
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Detailed data reports for the above data can be produced from the MPMA software.
Summary reports in graphical format such as the one shown above will be included
in the Project Report.
TASK 4.0 - MPMA ANALYSIS
Objective
The objective of this task is to configure the decision criteria within the MPMA to
automate the City's decision making process. This will enhance the technology
transfer.
Task Action Items
. Review roadway maintenance and rehabilitation strategies, costs and
benefits and discuss other alternatives.
. Maintenance/Rehabilitation Analysis - Utilizing the performance prediction
models and decision trees, analyses will be run to develop
maintenance/rehabilitation needs reports. This decision process reflects
criteria, which are based on our extensive southern California experience.
. Alternatively, Stantec can offer the City additional seNices to customize the
decision process specifically for the City of San Bernardino.
. Priority Program - Develop a 1 to 1 a-year prioritized pavement
maintenance/rehabilitation program. A budget analysis will be run utilizing
the test budgets the City has designated. Different budgets will be tested and
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the serviceability levels provided for each will be provided. Different
serviceability levels can also be specified and the costs necessary to proquce
those levels will be determined by the MPMA.
Client Support
The following activity is anticipated to be required from the Client:
· Review the analysis results as provided.
Deliverables
Analysis results which will be incorporated in the reports to be provided under Task 5.
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TASK 5.0 - REPORTS
Objective
To deliver the required reports.
Task Action Items
· Reports as detailed below will be generated, and provided to the City.
Client Support
The following activity is anticipated to be required from the Client:
. Confirm and accept the reports.
Deliverables
1. Needs Report Utilizing the current pavement condition information, the
pavement life cycles, and the minimum acceptable service levels the City wishes
to maintain, the needs analysis reports show when each street section will
become a need.
The graph below illustrate the number of sections that become needs in each
year of the 10-year program period as determined for a specific serviceability
level.
NEED YEAR
DetalAt-l\lINetworl<SectiOri.(Lane_MileS)
City of San
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S.ctlonl: '" "3 ", 21' 179 167 191 178 1M 1..10 363 2"8
'" 351 '9 61 88 " " " " " 3.7 7"9
Ln~l: 2:36 53 41 " 5.4 45 4) 31 34 2.5 " 67.1
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2. Maintenance/Rehabilitation Analysis Reports, The MPMA decision tree
analysis determines what repair/rehabilitation strategies each roadway section
requires. Typical results of this analysis are shown in the tabular report below.
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3. Budget Analysis. The final series of reports address the
maintenance/rehabilitation schedule for multi-year prioritization and the impact of
CIP long-term planning objectives. These reports identify the projects selected,
by the budget analysis, which will provide the greatest benefit to the users.
Backlog issues due to limited funding will be presented. The network wide
average service levels for different funding levels can be presented.
The budget analysis prioritizes and funds these projects on the basis of cost
effectiveness. A sample of the budget report is shown below.
......'........_.llioi.. 'YICII r 2002
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00011111l1O CHJ\/"~N I4.V: CMlIlftII>&e 51". IJtlJlfFEA ST 2002 EDGE lIILL80al!",oItC OJ\. .,0!I1 11.98
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00011Q1OeQ ~llN 9T: Mo\lLW'(- HElkIlAV 200J EOGElIIlL&2:,~,oItC Od.. ts2:,133 11.$118
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........., CHIVWlN AV: STATE l:CllLfGE B. 41~'e:sr"TE eOl """ EM. Le, f'AB&3"U' AC 0.... ~r.D'14 11.13
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""'- UNtoLII1AV: SOANTIMQCAM'r'CN. 1UI011111 Sl ,.'" liit.I, Le, F"AIil &.aD' M: O.l S2D.214 112!5
..,- IWUN eT: CHJl."~NI4.V- ,.AlU'fIlAAV ,.'" eM, Le, I'A8 4,g' AC OA.. 31Dq.,12Q 11.048
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City of San Bernardino
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The effectiveness of the various budgets in delivering an acceptable network wide
service level are also presented in both textural and graphic format. In the plot
shown below, the red line depicts the average service pal level if no repair or
rehabilitation work is not performed on the sections in the database subset analyzed.
The green line show the results in service level if there were no budget constraints
and all needs could be funded in the year they occur. The two lines between
illustrate the service level provided by the $500,000 and $1,500,000 annual budget.
This shows that $1,500,000 is required annually over the 10 years to maintain the
status quo.
City 01 San Bernardino
NETWORK PERFORMANCE
Budget Subset REHAB ANALYSIS
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Backlog Reports. Budgets do not usually provide for funding all needs. On this
basis, some backlog will always exist. The MPMA provides the ability to force
projects into the funding stream, by setting up an over-ride. In this way, projects not
selected on the basis of cost effectiveness, but which are politically sensitive, or
which should be logically tied to another event on that roadway section might be
funded.
A backlog or un-funded summary report is shown below. As the years progress, if
funding is not sufficient, the percentage of the network's roadways that are deficient
or un-funded grows. The red line again represents the "do nothing" case, while the
green represents unlimited funding and the remaining two correspond to the two
budgets tested. Again the $1,500,000 budget maintains the status quo.
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During the rehabilitation analysis process, any other projects, which affect an
unconstrained streets program, once supplied by the Client, will be committea
within the MPMA program. This will allow the Client to merge other street
renewal projects into a single master infrastructure plan.
Perform the required analysis and generate the necessary report.
Deliverables
The analysis results and reports as required.
TASK 6.0 - TRAINING
Objective
The objective of this task is to provide the City with the information and experience
necessary to maintain and operate the MPMA and to update the pavement distress
condition data.
Task Action Items
. Surface Distress Rating Training. The Surface Distress Rating Manuals will
be provided to the City prior to the training session. The actual training will
only be scheduled after all City staff involved, have thoroughly reviewed this
manual. A one-day training session will then be scheduled for City staff.
This will begin with a classroom session to review the manual and address
any questions. The majority of the day will then be spent in the field with the
trainees actually rating distresses. The instructor will review these ratings,
and any discrepancies or misconceptions will be elarified.
· MPMA training. The User Manuals will be provided to the City prior to the
training session. It is expected that all staff to be involved with the training
will have reviewed the manuals prior to the training. Three one-day training
sessions are provided for. Additional training sessions are available at per
diem rates if required.
. The training session is designed for up to 6 City staff. It is expected that
those trainees will then have the information necessary to train any additional
staff.
sciIJ:\califomia~an bemadino\marketing 2000\san bemardino pavement mgmt program\section 3 fma1.doc 3.12
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Client Support
The following Client activities and project needs are anticipated:
· Provide a conference room for the Surface Distress Training.
· Provide a training room with the necessary computers and printer to
accommodate the software training.
· Provide suitable projection facilities for all training sessions.
· Ensure the attendance of those designated personnel for all training
sessions.
Deliverables
· Manuals and technology transfer necessary to enable the City to operate and
to update the MPMA.
~.. ~.;
ALTERNATIVES
TASK 7.0 - PARKING LOTS
Objective
The objective of this task would be to include the City's 52 parking lots in the CPMP.
Task Action Items
· Build a sectional database where each of the 52 lots would be one section or
database record complete with attribute data.
· Establish a testing pattern for each lot and carry out the Surface Distress
Condition Survey.
· Define decision criteria for the parking lots, which will be defined as a separate
functional class, Parking Lots. This criteria will include the determination of an
acceptable serviceability level.
. Run the analysis.
· Provide the required reports for the parking lots.
Client Support
· Provide any available drawings of the parking lots and the required attribute data.
. Approve the testing plan
. Review and accept the reports
Deliverables
A section database in the MPMA with the complete set of required data and reports.
No additional software is required to accommodate the parking lots.
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TASK 8.0 - CITY WIDE DETAILED SIGN INVENTORY
Objective
To create a sign inventory that would include all signs. The attribute data included
will be the support type, the sign codes for all signs on that support, and the offset for
each support.
Task Action Items
· Create a Sign Survey Procedures Manual. This manual will be the basis for not
only conducting the survey, but will also govern the QAlQC process.
· Conduct the survey.
· Carry out the required QAlQC process
Client Support
· Participate in the determination of the criteria for the Procedures Manual.
· Conduct sample QAlQC on the data.
. Accept the data.
Deliverables
A database for all signs.
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TASK 9.0 - CITY WIDE INVENTORY OF CURB AND GUTTER, AND SIDEWALK
Objective
To create an inventory that would include all curb and gutter, curb, and sidewalks,
including limits and width, and to prepare a budget estimate to implement a
maintenance and repair program spread over a five year period.
Task Action Items
· Create a Survey Procedures Manual that addresses all details of the survey
required. This manual will be the basis for not only conducting the survey, but
will also govern the QAlQC process.
· Conduct the survey utilizing voice-to-data.
. Carry out the required QAlQC process
· Develop the analysis criteria and generate a budget estimate to implement a
maintenance and repair program spread over a five year period.
Client Support
· Participate in the determination of the criteria for the Procedures Manual.
· Conduct sample QAlQC on the data.
. Accept the data.
· Provide input to establish decision criteria for the determination of the
maintenance and repair program
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Deliverables
A database for all curb and gutter and sidewalks will be provided. A report for the
five-year budget estimate to implement a maintenance and repair program will be
included.
TASK 10.0- PROJECT LEVEL DEFLECTION BASED PAVEMENT ANALYSIS
Objective
To conduct street pavement investigation including deflection analysis for candidate
street projects as determined by the CPMP for up to 15 of streets for the first two
years.
Task Action Items
Conduct the deflection survey on a project level basis with tests in all lanes, of
the selected sections, at 1 DO-foot intervals.
Conduct the pavement surface distress survey on a project level basis on each
lane of the selected sections.
Conduct cores, if necessary, on all lanes where accurate pavement section
information is not available.
Perform CalTrans 356 overlay analysis on each lane to determine the thickness
of any additional pavement required.
If the required thickness cannot be accommodated due to grade and drainage
constraints, determine the appropriate new pavement section required.
Conduct sub-grade R-Value testing for all such reconstruction candidates
determined in the previous item.
Provide input into the determination of acceptable overlay and rehabilitation
alternatives.
Client Support
. Provide input in the selection of the candidate test sections.
. Provide appropriate traffic volume data including truck and bus counts for the
selected analysis term (10 or 20 years).
. Provide any additional information available such as soil tests with R-Values
from adjacent properties.
. Provide input into the determination of acceptable overlay and rehabilitation
alternatives.
Deliverables
A project level rehabilitation recommendation for each candidate street section.
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TASK 11.0 - SOFTWARE SUPPORT, UPGRADES AND ESCROW AGREEMENT
Objective
To provide the support necessary to maintain the City's MPMA software, at the
current version level, to provide telephone support and an Escrow Agreement, all for
a period of five years, beyond the initial support period.
Task Action Items
· Provide a free support period of one year after acceptance on all software
licensed under this project. This period will begin upon the acceptance of that
software.
· Provide and sign the Extended Client Support (ECS) Agreement, a sample of
which is included in the appendices.
· Provide and sign the Software Escrow Agreement, a sample of which is included
in the appendices.
Client Support
. Review and sign the ECS agreement.
. Review and sign the Escrow agreement.
· Provide remote access software and appropriate communication facilities to
allow for real-time support.
Deliverables
Signed ECS and Escrow Agreements, and the required support for up to five years.
."".
scill:\califomia~an bemadino\marketing 2000~an bemardino paverrent mgml program\section 3 fina1.doc 3.16
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RESOLUTION NO. 2001-107
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH STANTEC CONSULTING, INC. FOR PROVIDING PROFESSIONAL
SERVICES TO DEVELOP A PAVEMENT MANAGEMENT PROGRAM.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute the Agreement with Stantec
Consulting, Inc. for providing Professional Services to develop a Pavement Management
Program (attached and incorporated herein as Exhibit "A"). A contract is entered into with said
firm for the actual costs incurred, not to exceed $99,400.00, with a contingency amount of
$15,000.00, but such agreement shall be effective only upon being fully executed by both
parties. The Mayor is hereby authorized and directed to execute said agreement on behalf of
the City; a copy of the proposal is on file in the office of the City Clerk and incorporated herein
by reference as fully as though set forth at length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
III
III
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2001-107
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH STANTEC CONSULTING, INC. FOR PROVIDING PROFESSIONAL
SERVICES TO PERFORM PAVEMENT MANAGEMENT PROGRAM.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
joint
and Common Council of the City of San Bernardino at a regular meeting thereof, held on the
-1.t1L day of May
, 200 I, by the following vote, to wit:
AYES
NAYS
ABSTAIN
ABSENT
Council Members:
ESTRADA
x
LIEN
x
MC GINNIS
x
SCHNETZ
x
SUAREZ
x
ANDERSON
x
MC CAMMACK
x
)d~fk;~~ beput"'
City Clerk J '-~
The foregoing resolution is hereby approved this if 1i~
,2001.
Approved as to
form and legal content:
J 'h Valles, Mayor
i of San Bernardino
JAMES F. PENMAN,
City Attorney
^
By: )fkv.-..->
/
III ( /
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2001-107
\.'( I Exhibit "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2001, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and Stantec Consulting, Inc., an Arizona corporation, hereinafter referred to as
"CONSULTANT".
WITNESSETH
WHEREAS, City desires to obtain professional services to develop a Pavement Management
Program.
WHEREAS, in order to develop a Pavement Management Program it is necessary to retain the
professional services of a qualified consulting firm; and
WHEREAS, Consultant is qualified to provide said professional services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon
the terms and conditions as hereinafter set forth; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services specified in "Scope of Services" and as contained
in the cost proposal dated February 13,2001, (which is on file at the City Clerk's Office)
and "Price Form", a copy of which is attached hereto as Exhibit "1" and incorporated
herein as though set forth in full.
2. TERM OF AGREEMENT
Consultant shall commence within thirty (30) days after the City has authorized work to
start by issuance of a Notice to Proceed. These services shall be completed within four
(4) months after Notice to Proceed unless amended by the City.
3. STANDARD OF PERFORMANCE
Consultant shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction (Green Book) and the City of San
Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services", is made an
obligation of Consultant under this Agreement, subject to any changes made
subsequently upon mutual agreement of the parties. All such changes shall be
I
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2001-107
considered as additional tasks and shall be incorporated by written amendments to
this Agreement and include any increase or decrease in the amount of
compensation due Consultant for the change in scope. Any change, which has
not been so incorporated, shall not be binding on either party.
B. No extra services shall be rendered by Consultant under this Agreement unless
City authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on the authorized additional task
amounts.
5. COMPENSATION
A. The City shall reimburse the Consultant for actual costs (including labor costs,
employee benefits, overhead, profit, other direct and indirect costs) incurred by
the Consultant in performance of the work, in an amount not to exceed
$99,400.00. Actual costs shall not exceed the estimated wage rates and other
costs as set forth in Exhibit "I" attached hereto and incorporated herein as though
set forth in full.
B. Said compensation shall not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed. City and Consultant
shall agree upon any such significant alteration in writing before commencement
of performance of such significant alteration by Consultant.
Any adjustment of the total cost of services will only be permitted when the
Consultant establishes and City has agreed in writing that there has been, or is to
be, a significant change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the
Agreement for Completion of the work warrants such adjustment.
C. The Consultant is required to comply with all Federal, State and Local laws and
ordinances applicable to the work. The Consultant is required to comply with
prevailing wage rates in accordance with California Labor Code Section 1770.
D. The Consultant agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used
to determine the allowability of individual items of cost.
E. The Consultant also agrees to comply with Federal procedures in accordance with
49 CFR, Part 19, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments.
2
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2001-107
F.
Any costs for which payment has been made to Consultant that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition
Regulations System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Unifotm
Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, are subject to repayment by Consultant to City.
G.
Any subcontract in excess of $10,000, entered into as a result of this contract,
shall contain all the provisions of this Article.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be
submitted every four (4) weeks by Consultant to City and shall be paid by City
within twenty (20) days after receipt of same, excepting any amounts disputed by
City. Dispute over any invoiced amount shall be noticed to the Consultant within
ten (10) days of billing and a meet and confer meeting for purposes of resolution
of such dispute shall be initiated by the City within (10) days of notice of such
dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not paid
within thirty (30) days of the billing date, payment thereafter to be applied first to
accrued interest and then to the principal unpaid amount. On disputed amounts,
interest shall accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Consultant. All tasks as specified in Exhibit
" I" shall be completed prior to final payment.
B. No payment will be made for any work performed prior to approval of this
contract by City and issuance by City of Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Development Services of City, or his designee, shall have the
right of general supervision over all work performed by Consultant and shall be
City's agent with respect to obtaining Consultant's compliance hereunder. No
payment for any services rendered under this Agreement shall be made without
prior approval of the Director of Development Services or his designee.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Consultant hereby certifies that it will not discriminate against any employee or applicant
for employment because of race, color, religion, sex, marital status, age, handicap or
national origin. Consultant shall comply with all State and Federal Civil Rights Laws in
its hiring practices and employee policies. Such action shall include, but not be limited
to, the following: recruitment and recruitment advertising, employment, upgrading, and
promotion.
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2001-107
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty- (30) days' written
notice in the event of substantial failure of the other party to perform in
accordance with the terms of this Agreement. Each party shall have twenty (20)
days following date of such notice within which to correct the substantial failure,
giving rise to such notice. In the event of termination of this Agreement, City
shall within thirty (30) days pay Consultant for all the fees, charges and services
performed to City's satisfaction by Consultant, which finding of satisfaction shall
not be unreasonably withheld. Consultant hereby covenants and agrees that upon
termination of this Agreement for any reason, Consultant will preserve and make
immediately available to City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and required for
its timely completion, and to fully cooperate with City so that the work to be
accomplished under this Agreement may continue within forty-five (45) days of
termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Consultant from any claims, losses, costs, including
attorney's fees and liability arising out of such use. Consultant shall be
compensated for such services in accordance with Exhibit "1".
B. This agreement may be terminated for the convenience of the City upon thirty-
(30) days written notice to Consultant. Upon such notice, Consultant shall
provide work product to City, and City shall compensate Consultant in the
manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this
section, the Agreement shall continue until all obligations arising from such
termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence
of Consultant, Consultant fails to meet any of its obligations under this Agreement, and
such failure shall not constitute a default in performance, the City may grant to
Consultant such extensions of time and make other arrangements or additions, excepting
any increase in payment, as may be reasonable under the circumstances.
Increases in payment shall be made only under .the "changes" provision of this
Agreement. Consultant shall notify City within three (3) days in writing when it
becomes aware of any event or circumstances for which it claims or may claim an
extension.
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2001-107
11. INDEPENDENT CONTRACTOR
Consultant shall act as an independent contractor in the performance of the services
provided for under this Agreement. Consultant shall furnish such services in its own
manner and in no respect shall it be considered an agent or employee of the City.
12. ASSIGNMENT OR SUBCONTRACTING
Consultant may not assign this Agreement, or any portion without the written consent of
City. Any attempt by Consultant to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and void and shall
constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain
all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the
following representatives of Consultant and City:
CONSULTANT
CITY
Me. Jim Hallman
Stantec Consulting, Inc.
8211 South 48th Street
Phoenix, AZ 85044-5355
Mr. James Funk
Director of Development Services
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Consultant may reasonably rely upon the accuracy of data provided through
the City or its agents.
B. Upon completion of all work under this contract, ownership and title to all
reports, documents, plans, specifications, and estimates, with the exception of
software and software documentation, produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to
transfer ownership to the City. The Consultant agrees that the City hereby
receives a royalty-free, non-exclusive and irrevocable right to use of internal
purposes, the software and the software documentation to be provided under this
Agreement. The City agrees it will not reproduce or circulate beyond its own
organization, either verbally or by written work, information pertaining to the
working components of the software and the documentation, either in part or in
full, without the written consent of the Contractor.
A separate software licensing agreement, providing for the use and ownership of
the software and software documentation, as per Exhibit 2, attached and
incorporated herein, shall be signed by both the City and the Consultant.
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2001-107
Any use of completed documents for projects other than that covered by this
Agreement and/or any use of uncompleted documents without specific written
authorization from Consultant will be at the City's sole risk and liability without
legal exposure to Consultant.
C. The Consultant is not liable for claims, liabilities or losses arising out of, or
connected with, the modification or misuse by the City of the machine readable
information and data provided by the Consultant under this agreement; further,
the Consultant is not liable for claims, liabilities or losses arising out of, or
connected with, any use by the City of the project documentation on other
projects, for additions to this project, or for the completion of this project by
others, excepting only such use as may be authorized, in writing, by Consultant.
D. For the purpose of determining compliance with Public Contract Code
Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et. seq., when applicable, and other matters connected with the
performance of the contract pursuant to Govermnent Code Section 8546.7, the
Consultant, and the City shall maintain all the books, documents, papers,
accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All
parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The State, the State Auditor, FHWA, or any
duly authorized representative of the Federal govermnent having jurisdiction
under Federal laws or regulations (including the basis of Federal funding in whole
or in part) shall have access to any books, records, and documents of the
Consultant that are pertinent to the contract for audits, examinations, excerpts,
and transactions, and copies thereof shall be furnished if requested.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Consultant represents his
judgement as a design professional and is supplied for the general guidance of the
City. Since Consultant has no control over the cost of labor and material, or over
competitive bidding or market conditions, Consultant does not guarantee the
accuracy of such opinions as compared to contractor bids or actual cost to the
City.
6
2001-107
16. COVENANT AGAINST CONTINGENT FEE
Consultant warrants that no person or selling agency has been employed or retained to
solicit or secure this Agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Consultant for the purpose
of securing business. For breach or violation of this warranty, City shall have the right
to terminate this Agreement in accordance with the clause permitting termination for
cause and, at its sole discretion, to deduct from the Agreement price or consideration, or
otherwise recover, the full amount of such commission, percentage, brokerage or
contingent fee.
17. HOLD HARMLESS CLAUSE
A. Consultant shall indemnify, defend and hold free and harmless the City, its
officers, and its employees from all claims, damages, costs, expenses, and
liability, including, but not limited to, attorney's fees imposed upon them for any
alleged infringement of patent rights or copyrights of any person or persons in
consequence of the use by City, its officers, employees, agents, and other duly
authorized representatives, of programs or processes supplied to City by
Consultant under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provisions of
this Agreement will be entitled to recover from the losing party all reasonable
attorneys' fees, court costs, and necessary disbursements in connection with that
action. The costs, salary, and expense of the City Attorney and members of his
office, in connection with that action shall be considered as attorneys' fees for the
purposes of this Agreement.
18. INDEMNITY
Consultant agrees to indemnify, defend and hold harmless the City of San Bernardino,
and its agents, officers and employees from and against any and all liability , expense and
claims for damages of any nature whatsoever, including, but not limited to, costs, bodily
injury, death, personal injury, or property damages, arising from or connected with
Consultant's operations, or any aspect of its performance under this Agreement.
19. LIABILITY/INSURANCE
Consultant shall maintain insurance policies meeting the minimum requirements set forth
herein. All insurance maintained by the Consultant shall be provided by insurers
satisfactory to the City. Certiflcatesevidencing all insurance coverage required herein
shall be delivered to the City prior to the Consultant performing any of the services
under this Agreement. All insurance certificates required herein shall name the City as
an additional insured and provide for thirty (30) days written notice from the insurer to
the City prior to cancellation of any insurance policy of the Consultant.
7
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2001-107
A.
Errors and Omissions - The Consultant shall maintain errors and omissions
insurance with a combined single limit of not less than One Million Dollars
($1,000,000.00) per occurrence.
B.
Comorehensive General Liability and Automobile Insurance - The Consultant
shall maintain comprehensive general liability and automobile liability insurance
with a combined single limit of not less than One Million Dollars ($1,000,000.00)
per occurrence.
c.
Worker's Comoensation Insurance - The Consultant shall maintain worker's
compensation insurance in accordance with the laws of the State of California for
all workers employed by the Consultant.
20. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be
construed as not containing such provision, and all other provisions which are otherwise
lawful shall remain in full force and affect, and to this end the provisions of this
Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto
and supersedes all prior and contemporaneous negotiations, representations,
understandings, and agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written instrument signed by
both parties.
III
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2001-107
AGREEMENT FOR Professional Services with Stantec Consulting, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date written above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
BY:
~
dith Valles, Mayor
City of San Bernardino
ATTEST:
BY: 'RJLckL (!J~
Rachel Clark, City Clerk
~ .0a::~~f4 ~pi~
STANTEC CONSULTING, INC.
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
J' "
BY: / 2v:...,,-.
I
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2001-107
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Exhibit 1
PRICE FORM
(To be submitted in a sealed envelope separate from proposal documents)
REQUEST FOR PROPOSALS: RFP F-01-55
DESCRIPTION OF WORK: Pavement Management Program
NAMElIELEPHONE NO. OF
AUTHORIZED REPRESENTATIVE James R. Hallman
(602) 438-2200
Please provide detailed Firm Fixed Price cost information in the space provided below, and any
other incidental or additional costs required to complete the Technical Specification requirements.
Comprehensive Pavement Management Program Fees
Task 1. Project Initiation .
Task 2. Implementation & Software
Task 3. Data Collection (576 test miles)
Task 4. Analysis
Task 5. Reports
Task 6. Training
Total
6,600.00
26,680.00
43,200.00
10,700.00
5,300.00
6,920.00
$ 99,400.00
The Alternatives are address on the following page.
Are there any other additional or incidental costs which ~equired by your firm in order to
meet the requirements of the Technical Specifications? ~ I No . (circle one). If you
answered "Yes", please provide detail of said additional costs: see deviation" ; n c::.......; on 4
Please indicate any elements of the Technical Specifications which cannot be met by your firm. -
2001-107
EXHIBIT "2"
~ '
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SOFTWARE LICENSE AGREEMENT
Agreement Number: &20-71550
Thl8 License Agreement, made and entered into by and,
Bt:TWEEN:
CITY OF SAN BERNARDINO
300 North "0" Street
San Bernardino, CA 92418-0001
Hereinafter called 'ell ENT'
- and-
STANTEC CONSULnNG INC.
8211 South 48'" Str..t
Phoenix, AZ. 85044
Herein.lter called 'STANTEC'
IN CONSIDERATION OF the mutual covenln18 contained herein, the parties hereto ,agree .1
followa: .
TERMS AND CONDITIONS
1. SCOPE
Thil License Agreement (hereinafter referred to as 'AGREEMENr) shall apply to the rental,
leale lII1dIor license of the proprietary computer 8OftWal'e pmduct(s) specified in PlII"IIgnlph 1
herein. For purposes of this Agreement, the tenn "PRODUCr shall mean that spec:ltlo
proprietary comput8r loftware product (Including prDgl1lml, documentation and any subsequent
updates) specifled as follows:
Pavement Management Application
(Mu/ti-Uaer- Up t05 S..,.)
ReMbIlitation MOdule
HI.toticill DItiI Madul.
BIS Untrm.ta &pott Module
"apping Modul.
2. LICENSE
The PRODUCT 18 prolected by copyright laws and intemational copyright treaties, as _II 8S
other intellectual property laws and treaties. The PRODUCT Is ficens9d. not sold.
STANTEC hereby grmts to, and the CUENT hereby accept&. subject to the terms and
conditions specified herein, . nontransferable end nonexclusive license to 11&8 the PRODUCT
exdusively in the CLIENrs business, for the CLIENT, benefit and on CLIENT operated
computing equipment. The CUENT expreasly .grees to USe the PRODUCT for its own intern.'
operations only and not to allow the PRODUCT to be re-marketed, shared, 888igned or Uaed in
any manner whetsoever by ."y ather party.
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The PRODUCT .hall be uaed by the CLIENT only at the following location:
CITY OF SAN BERNARDINO, ~ North -D- Sn.t, San BfllTlanJIno. CA 92418.0001
Thl. Iice.,.e and the PRODUCT may not be Ihared or used concurrently on different computers
unle.. Illthorlz8d to do 10 herein. The PRODUCT is Ik:eneed as a 8ingle product. lis
component parts may not be aepll'lIted for use on mora than one computer.
The CLIENT assumes full responsibility for the condition and effect/veness of the operating
environment in Which the PRODUCT Is to function.
The CUENT shall use the PRODUCT for Internal purposes only. The CLIENT shall not copy or
duplicate the PRODUCT WlIhout the prior written consent of STANTEC" except that the CLIENT
may copy the PRODUCT onca, only to ensure adequate back-up il\support of the CLIENr, use
of the PRODUCT. The CLIENT shall not provide, transfer, 18111gn, rent, lea88. lend or otherwise
make available the PRODUCT or any pert or Copi.. in any form to any third 'party, except al may
be permitted in writing by STANTEC. The CLIENT may not copy the printed material.
accompanying the PRODUCT.
.'
3. TITLE
Tille to the PRODUCT and any reproduction thereof, III property rights therein, and all materials
supplied to the CLIENT under, this Agreement shall remain the sole property of STANTEC. All
copyright, patent, trade secret and other intellectual and proprietary rights In the PRODUCT are
and remain the valuable property of STANTEC. '
4. NOM-DISCLOSURE
The CLIENT unc;lel'lltands and agrees that the PRODUCT constitutes proprietary information and
trade slIcrets of STANTEC. The CLIENT agrees to keep confidential and to exerclae its best
efforts to prevent and protect the PRODUCT, or any parilhereof' from dilCloeure to any p8l'1lon
other than the CLIENrs emplOyees having need for disclosure fncidBllt to the CLIENrs use of
the PRODUCT. In order to prevent unauthorized use, STANTEC may in8tall such securIty
devices as they deem necessary,
.
5, LIMITATIONS ON REVERSE ENGINEERING. DECOMPILATION AND DISASSEMBLY
Reverse engineertng, decompUation or disassembly of the PRODUCT is prohibited, eJc:cept and
only to the extent that such activity is expressly permitted by spplicable law notwithstanding this.
limitation.
II. YEAR 2000 COMPLIANCE
Stantec warrants that the currently supported releases of the PRODUCT will:
a) correctly handle cIate Information before, during and after 1 January 2000, accept date input,
provide dllte output and perform calculations on dates, including leap year calculations;
b) function according to the documentation, during and after 1 January 2000, without changes
in operation associated with the advent of the new century; and
01101
Non StIIldanl A&mmf1Il
20f5
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2001-107
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C) stcr. and provide output of date information in waya that are unambiguous as to century
when configured and used according to the documented instructions, provided lhat the
hardware, software, finnware, and othlIr computing facilities used in combination with the
PRODUCT properly exchange dale and other dlIbt with the PRODUCT,
7. NOWARRANTlES .
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. STANTEC DISCLAIMS ALL.
OTHER WARRANTIES AND CONDITIONS. EITHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMll'eO TO, IMPLIED WARRANTIES OF MERCHANTABILITY. FITNESS FOR A
PARTICULAR PURPOSE, nTlE AND 'NON-INFRINGEMENT, WIlli REGARD TO THE
PRODUCT, AND THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
EXCEPT FOR THOSE WARRANTIES AND CONDITIONS STANlCC HAS MADE IN THE
'PROPOSAL TO PROVIDE PROFESSIONAL SERVICES FOR A PAVEMENT MANAGEMENT
PROGRAM" SUBMITTED TO THE CITY OF SAN BERNARDINO FEBRUARY 200t
NOlWlTHSTANDING THE FOREGOING DISCLAIMER, THE ct.IENT MAY HAVE SPECIFIC
LEGAL RIGHTS WITH RESPECT TO WARRANTIES, WHICH RIGHTS VARY FROM
STATE/JURISDICTION TO STATE/JURISDICTION.
8. LIMITS OF lIABIlITY
TO THE MAXIMUM EXTENT PERMITIED BY APPLICABLE LAW, IN NO EVENT SHALL
STANTEC BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT. OR CONSEQUENTIAL
DAMAGES \l\ll-lATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPT/ON, LOSS OF BUSINESS INFORMATION, OR
ANY OTHER PECUNIARY LOSS) ARISING OUT OF THE USE OF OR INABILITY TO USE
THE PRODUCT OR THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES,
EVEN IF STANTEC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
11-IE EVENT OF A BREACH OF ANY WARRANTY, EXPRESS OR IMPLIED, OR ANY TERM
OF THIS AGREEMENT. STANTEC'S ENTIRE LIABILITY AND THE CL.IENT'S EXCLUSNE
REMEDY SHALL BE THE RIGHT TO TERMINATE THIS AGREEMENT BY RETURNING THE
PRODUCT AND OBTAINING A REFUND OF MONIES PAID TO STANTEe FOR n-tE
PRODUCT. BECAUSE SOME STATES AND JURISDICTIONS DO NOT AllOW THE
EXCLUSION OR LIMITATION OF LIABIL.ITY, THE ABOVE LIMITATION MAY NOT APPLY TO
THE CLIENT. .
8. RESTRICTED USE
The PRODUCT Will be used by tha CLIENT to process or analyze data collected within the
jurisdiction of the CLIENT for the CLlENTIi Inlema' purposes and no other. The output from the
PRODUCT may be provided to . third party who is doing design work for the CLIENT for the
period of the working arrangement. Under no circumstances shall the CLIENT use the
PRODUCTS to provide services, to any third party, related to infrllstructure data, needs orevaluallon analysis.
10. TERM
This AGREI;:MENT is effective from tha date of ita acceptance by STANTEC and shall remain in
force until tenninaled by either party as provided herein. However, the terms and conditions of
Il:Ii, AGREEMENT under Paragraphs 3. 4, and 8 shall continue in full force and effect and shall
.
01/01
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3 of 5
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2001-107
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survive the terminatlon at this AGREEMENT and any SChedule(s) that become a pa~ at this
AGREEMENT. '
.
11. TERMINATION
(B) If eitner party shall be In default of ita abligatiOlls under this AGREEMENT ~nd suCh
default contlnuee for thirty (30) days after written notice thereof by the other Pl!Irty, this
AGREEMENT may thereupon be terminated, by such other party.
(b) Upon any termination of thl. AGREEMENT, the CLIENT shall deliver to STA...TEC
forthwith all the PRODUCT, copies, materials. reproductions and modific8tlons held by the
CLIENT and shall warrant in writing to STANTEe that all copies thereof have been returned to
STANTEC or destroyed. '
12. GENERAL PROVISIONS
(a) Neither party shall be held respOnSible for any delay in perforrnlmce henK.Inc:ler arising
out at causea beyond ita control and without its fault or negligence. Such gaU&8S ma* inclUde,
but are not limited to, fires, ,trikes, embargoes, acta of God, inability to Hcure transportation
facilities or other caUHS beyond the control of either party.
(b) The failure of STANTEC In anyone or more instances to insist upon strict performance of
BOY of the terms or provisions of this contract shell not be co",lr\Ied as II waiver or
relinquishment. to any axtent, of the right to assert or rely upon ~ such terms or provisions on
IIny Mure accasiona. If any term, provision or condition at this AGREEMENT Is held to be
invalid, void or unenforcaable by II court at competent jurisdiction. the remaindtlr of the
AGREEMENT shall remain In full force and effect and in no way shall be affected, Impaired or
invalidated.
(c) This AGREEMENT. constllutes the entire AGREEMENT between the parties h..-to with
respect to the subject matter hereof and shalllupersade all previous negotiations. commitments,
and writings IInd no representation or stalement not contained in Ihi. AGREEMENT shall be
binding upon STANTEC as a _rranty Q( otherwise. except for those statement. In the
AGREEMENT for Professional Services with the City of Ssn Bemardir,o and the 'Proposal
referenced In Section 7 herein.
(d) The CLIENT agrees Ihat because of the unique nature of the PRODUCT. irrap!lrable
harm will be caused by s breach by the CLIENT at ita obligations hereunder, thst moneWy
damages will be inadequate to compenaate for such harm, and that Injunctive relief will be an
appropriate remedy to enforce this AGREEMENT. :
(e) This AGREEMENT may nol be released. dlschlrgad, modified or assigned, !SUblicensed
or otherwise transferred or attaChed In any way except by a wrillen instrument ratified :by a duly
authorized representative of each of the partiel. This AGREEMENT shall be governed by the
iaws at the Slate of California. Each of the parties hereto lrrevocablyattoma to jurisdiction of the
courts of the Stale of California and further agrees to commence any litigation which may ariae
hareunder In the courts located in State of California. The I8rms and conditions contain8d herein
shall prevail notwithstanding any variance With the lerms and conditions at any other submitted
by the CLIENT.
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2001-107
1/11 WITNESS WHEREOF, the parti.. hereto have executed this AGREEMENT on thl.
day of .
.~~ >>wLm(1),.:&P~t; PER:
01101
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STANTEC CONSULTING INC.
PER:
MA Karan, Ph.D.
.Vlce President
. Infra.truGture Management
PER:
RiChard G. Dorwart. PE
Vice Presklent
Infra.tNcture Management
.
Non SlaIIdd AJ1'OCIIICIII
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 10,2001
TO:
Jarb Thaipejr, Senior Civil Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2001-107
At the Mayor and Common Council meeting of May 7, 2001, the City of San Bernardino
adopted Resolution 2001-107 - Resolution authorizing the execution of an agreement with
Stantec Consulting, Inc., for providing professional services to develop a Pavement Management
Program.
Enclosed is one (1) original agreement. Please obtain signatures where indicated on the
agreement and return to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by July 6, 2001.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: ~ ~
Date:
7(~r 0'
Please sign and return
,"
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CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 7, 2001
TO:
Jarb Thaipejr, Senior Civil Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-107 - Stantec Agreement
At the Mayor and Common Council meeting of May 7, 2001, the City of San Bernardino
adopted Resolution 2001-107 - Resolution authorizing the execution of an agreement with
Stantec Consulting, Inc., for providing professional services to develop a Pavement Management
Program.
On May 10, 2001, one (1) original agreement was sent to you for signatures. As of the above
date, our office has not received the executed agreement. If the document has been signed,
please forward it to the City Clerk's Office, to my attention; otherwise, please advise me of its
status.
Please be advised that the resolution and agreement will be null and void if not executed by
July 6, 2001.
If you have any questions, please call me at ext. 3206.
.
.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 26, 2001
TO:
Leslie Crawford, Engineering Assistant I
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-107 - Agreement with Stantec Consulting, Inc.
On May 10,2001, one (1) original agreement was sent to Jarb Thaipejr for signatures. As of the
above date, our office has not received the executed agreement. If the document has been
signed, please forward it to the City Clerk's Office, to my attention; otherwise, please advise me
of its status.
Please be advised that the resolution and agreement will be null and void if not executed by
July 6, 2001.
If you have any questions, please call me at ext. 3206.
.--"'.""~,'.-d\"
,'~
.~..~ '\ ,
'tt'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 5- 1")-0 \ Item # \ 2-
Vote: Ayes ~-'l Nays ..Cd
Change to motion to amend original documents:
Resolution # ?<!::>\ - It>'''
Abstain -er Absent -e-
Reso. # On Attachments: ~ Contract term:
Note on Resolution of Attachment stored separately; -==-
Direct City Clerk to (circle I); PUBLISH, POST, RECORD W/COUNTV
Date Sent to Mayor: 6- 'l;'-O \
Date of Mayor's Signature; 5-\$-01
Date of Clerk/CDC Signature: 5 -<1-0 \
NullNoid After: lDo Ot>.'fS 1.- <c, -(;) I
,
By: -
Reso. Log Updated; ,,-/
Seal Impressed: V""
Date Memo/Letter Sent for Signature: (:J 10-0 I
60 Day Reminder Letter Sent on 30th day: ~-") -c\
90 Day Reminder Letter Sent on 45th day: <:, .2k,-Q \
See Attached: V Date Returned: '1- 3-0 I
See Attached: ,/
See Attached; ,/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney V
Parks & Rec.
Ves ./ No By
Ves No ---L By
Ves No V By
Ves No ~ By
Ves No .I By
Water
Dev. Services L EDA
Others;
Code Compliance
Police
Public Services
Notes:
Finance .r
MIS
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: 01,
Date: i-?'-('\ I
Revised 01/12/01