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HomeMy WebLinkAbout28-Public Services Or) 1(' r\ I ,- ,"-" CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION ~ /. " ! \ \ \\ / '~ L Date: September 29,2008 Subject: 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. From: Ken Fischer, Director Dept: Public Services Meeting Date: October 6, 2008 Synopsis of Previous Council Action: January 7,2008 - Resolution 2008-7 - the Mayor and Common Council authorized the execution of an agreement and issuance of an annual purchase order in the amount of $14,600 between the City of San Bernardino and iWorQ Systems Incorporated for computerized work order tracking system services. Recommended Motion: Adopt Resolution. f:p- Signature Contact person: Ken Fischer, Director Phone: 5140 Supporting data attached: Staff Report, Resolution, Vendor Service Agreement and Attachment "1" Ward: All Source: $80,000 FY 08-09 CIP (SS 09-02) Account No. 135-369-5504-XXXX FUNDING REQUIREMENTS: Amount: Council Notes: Finance: ;f::-"SIJ 2C:>OB-387 Agenda Item No. 2B IO"r,,,, oe CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report Subject: 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. Background: On October 23, 2007 a Request for Proposals (RFP F-08-09) was initiated to solicit bids for a Computerized Work Order Tracking System. On January 7, 2008, iWorQ Systems Incorporated (iWorQ) was awarded a multi-year contract with the Public Services Department to track, monitor, and store important information regarding street maintenance via its computer tracking system per Resolution 2008-7. The system currently allows us to efficiently track requests from citizens, employee productivity, and cost of labor, materials and equipment. The system also has the capability for Pavement Management Inventory and Pavement Distress/Curb and Gutter Identification. Staff is recommending the purchase of this additional component, which will greatly benefit the CIP process. The Public Services Department and the Development Services Department have identified the need to have an up-to-date assessment of the condition of all City streets. The last assessment of the streets was completed in 1999. At that time a stand-alone Personal Computer system was used to maintain the data. Over the years this system has become obsolete and is no longer functional. An up-to-date assessment will benefit both Public Services and Development Services staff in preparing the Capital Improvement Program (CIP). The Pavement Management Inventory and Pavement Distress/Curb and Gutter Identification will determine the square footage, remaining service life, condition, and recommended treatment for each street. It will provide information to assist staff in formulating a cost efficient repair and replacement plan for City streets. Also, the new web based system will not become obsolete like the earlier system because it will be housed on the iWorQ computer network and be updated as necessary to maintain functionality. During the street assessment process, the crews from iWorQ will also prepare a list of the location and linear feet of curb and gutter segments that are missing throughout the City. This will allow staff to prepare a plan to add the missing segments of curb and gutters. The Pavement Management Inventory and Pavement Distress/Curb and Gutter Identification will also assist staff with the street cut moratorium through the continuous update of street assessment as CIP projects are completed. f?ej'laa?lYwd- ~jes ::#:Jg CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Staff Report-Continued As the proprietary vendor of our work order tracking system, iWorQ has submitted a quote of $80,000 for the Pavement Management Inventory and Pavement Distress/ curb and Gutter Identification (Attachment "1"). iWorQ is the only company that can download the information from the pavement survey information into our current work order tracking system. This information will also be linked to our City GPS map. The combined information will allow accurate street measurement and condition assessment to be completed in a few minutes as opposed to hours of time it takes now. The street inventory will be updated as the Public Services and Development Services Departments complete street improvement projects throughout this year and in each future year. Three crews from iWorQ will conduct the citywide street assessment inventory over a four-week period. iWorQ staff will also enter all of the information obtained into the computerized work order tracking system currently in use by the Public Services Department, Street Division. The quote includes all costs to evaluate and inventory City streets. Staff recommends that iWorQ be issued a new Purchase Order for Pavement Management Inventory and Pavement Distress/Curb and Gutter Identification of City of San Bernardino streets. Financial Impact: Funding for the Pavement Management Inventory and Pavement Distress Identification is contained in the approved FY 08-09 Capital Improvement Project (CIP) Budget, (SS 09-02) Account No. 135-369-5504-XXXX (to be established) in the amount of $80,000. Recommendation: Adopt Resolution. ,--, /-, ----- .. !r-"\ ........,,\ lr-."'\\\ r; .' ~./ " ii' I \\'(' , i', (\ \. 1'''-'<1 \ ,\ \ J' Ur-- i '<:::::> ,-,:-!/ u 1 2 3 4 5 6 7 8 RESOLUTION NO. 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 9 WHEREAS, the pavement management inventory and pavement distresslcurb 10 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, 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 hislher designee is hereby authorized to issue a new Purchase Order to iWorQ Systems Incorporated in the amount of $80,000, III JO -6-0(1 ::It ;2 g 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 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- and shall read, "iWorQ Systems Incorporated for pavement management inventory and pavement distress/curb and gutter identification of City of San , not to exceed $80,000" and shall incorporate Bernardino streets, P.O. No. 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. II/ 1/1 /11 11/ III III 21 22 III 23 24 /1/ 25 III III 26 27 28 II/ 1 2 3 4 5 6 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 Mayor and Common Council of the City of San Bernardino at a 7 8 9 following vote, to wit: , 2008, by the day of meeting thereof, held on the 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 ESTRADA 12 BAXTER 13 BRINKER 14 15 DERRY KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 20 21 22 23 24 25 26 27 28 Rachel G. Clark, City Clerk The foregoing resolution is hereby approved this ,2008. day of Patrick J. Morris, Mayor City of San Bernardino mes F. Penman ity Attorney 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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" I" 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 (I) year. Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 additional named insured in each policy of insurance provided hereunder. The Cenificate 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. III Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 "0" 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" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. 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. 13. GOVERNING LAW. 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. 15. HEADINGS. The subject headings ofthe sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. 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 and effect. III Exhibit "A" 1 2 3 4, 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. ENTIRE AGREEMENT; MODIFICATION. 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. III III III III III III III III III III III III III III III III III III Exhibit "A" 1 2 3 4 5 VENDOR SERVICE AGREEMENT IWORQ SYSTEMS INCORPORATED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. 6 Dated: 7 8 9 10 ,2008 VENDOR. By: Its: ,2008 CITY OF SAN BERNARDINO Dated 11 12 13 By: Lori Sasso on, Acting City Manager Approved as to Form: By: 14 James F. Penman, City Attorney 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Exhibit "A" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 in 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 "I" 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. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. /11 1 2 3 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: 4 TO THE CITY: 5 6 7 TO THE VENDOR: 8 9 10 11 12 13 Public Services Director 300 North "D" Street San Bernardino, CA 92418 Telephone: (909) 384-5140 iWorQ Systems Incorporated 190 E. Center Logan, DT 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, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ofthis 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 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 17. ENTIRE AGREEMENT; MODIFICATION. 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. III III III III III III III III III III III III III III III III III III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 12. VENUE. 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. 13. GOVERNING LAW. 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. 15. HEADINGS. The subject headings of the sections of this Agreement are included for the purposes of convenience only and shall not affect the construction or the interpretation of any of its provisions. 16. SEVERABILITY. 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 and effect. III 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 VENDOR SERVICE AGREEMENT IWORQ SYSTEMS INCORPORATED IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. .2008 VENDOR. Dated: By: Its: ,2008 CITY OF SAN BERNARDINO Dated By: Lori Sassoon, Acting City Manager Approved as to Form: ,~ ATTACHMENT ''1'' 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: 1. 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. YeslNo 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 iWorQ and a Crew Member from San Bernardino. This estimate is based on 800 miles of road. Table I. Inventory and Distress Identification Breakdown Task Descri tion Cost Total 1 Field Condition Assessment, Hotel, Food, Equipment, one $1200/Day $30,000 erson, Data Mana ement, C/QA 2 Travel, Data Mana ement for one erson $500/da $3,000 1 Field Condition Assessment, Hotel, Food, Equipment, one $1200/day $30,000 erson, Data Mana ement, C/ A 2 6 da s Travel, Data Mana ement for one erson $500/da $3,000 3 App 5 Recording the curb and gutter and measuring the length of $14,000 $14,000 Da s missin curb and utter on for 5 da s in the field. TOTAL $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 of the 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