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RESOLUTION (ID # 3758) DOC ID: 3758 C
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Purchase Order
From: Tony Frossard M/CC Meeting Date: 04/20/2015
Prepared by: Linda Dortch, (909) 384-
5140
Dept: Public Works Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of an Agreement and Increase to Annual Purchase Order No. 2015-92 to
an Amount Not to Exceed $96,200 to IWorQ Systems, Inc. for City-Wide Pavement
Management Inventory and Pavement Distress/Curb and Gutter Identification. (#3758)
Current Business Registration Certificate: Yes
Financial Impact:
The fiscal impact of this item is $80,000 from Gas Tax fund account 126-400-0088-
5505. The requested funds will be added to existing purchase order 2015-92 of
$16,200 for a total amount not to exceed $96,200.
Please note this balance does not indicate available funding. It does not include non-
encumbered recurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
10/06/08 Resolution No. 2008-387 was approved, authorizing the execution of an
agreement and issuance of a purchase order in the amount of $80,000 to
iWorQ Systems, Inc. for pavement management inventory and pavement
distress/curb and gutter identification of City streets.
Background:
The Public Works Department is responsible for the maintenance and repair of City
streets. Both the Engineering and Operations & Maintenance Divisions 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 2008. This assessment was completed by
staff from iWorQ Systems, Inc. The assessment information was up-loaded directly to
the computerized work management system used by the Public Works Department.
Information in the iWorQ System is available to both Engineering and Operations &
Maintenance staff.
An up-to-date assessment will benefit the Engineering Division 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
Updated: 4/16/2015 by Linda Sutherland C Packet Pg. 273
3758
provide information to assist staff in formulating a cost efficient repair and replacement
plan for City streets.
During the street assessment process, the crews from iWorQ will also prepare a list of
the location and linear feet of curb and gutter that are missing throughout the City. This
will allow staff to prepare a plan to add the missing segments of curb and gutters.
As the proprietary vendor of the 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 "'I"). iWorQ is the only company that can
download the information from the pavement survey into the current computerized
system. This information will also be linked to the City GPS map. The combined
information will allow accurate street measurement and condition assessment to be
completed in a few minutes.
Three crews from iWorQ will conduct the citywide street assessment inventory over a
two-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 Works
Department. The quote includes all costs to evaluate and inventory City streets.
Staff recommends that the Mayor and Common Council authorize the execution of an
Agreement and increase to Annual Purchase Order No. 2015-92 to an amount not to
exceed $96,200 to iWorQ Systems, Inc. for city-wide pavement management inventory
and pavement distress/curb and gutter identification.
City Attorney Review:
Supporting Documents:
Reso (DOC)
Quote - Attachement 1 (PDF)
agrmt 3758 (PDF)
Updated: 4/16/2015 by Linda Sutherland C Packet Pg.274
5.M.a
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
3 AND INCREASE TO ANNUAL PURCHASE ORDER NO. 2015-092 TO AN AMOUNT
4 NOT TO EXCEED $96,200 TO iWorQ SYSTEMS, INC. FOR CITY-WIDE
PAVEMENT MANAGEMENT INVENTORY AND PAVEMENT DISTRESS/CURS
5 AND GUTTER IDENTIFICATION.
6 WHEREAS, iWorQ Systems, Inc. is the propriety vendor of the work order tracking
7 system used by the Public Works Department; and
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WHEREAS, the pavement management inventory and pavement distress/curb and
9 =
10 gutter identification will provide an up-to-date assessment of the condition of all city streets
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11 and will provide a list of curb and gutter segments that are missing throughout the City.
12 NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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14 SECTION 1. That the City Manager of the City of San Bernardino is hereby a
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15 authorized to execute on behalf of said City an Agreement between the City of San ti
16 Bernardino and iWorQ Systems, Inc., a copy of which is attached hereto, marked "Exhibit A" r
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17 and incorporated herein by reference as fully as though set forth at length. >
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SECTION 2. This purchase is exempt from the formal contract procedures of Section 0
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3.040.010 of the Municipal Code, pursuant to Section 3.04.010,13-3 of said Code, "Purchases
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approved by the Mayor and Common Council."
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22 SECTION 3. That pursuant to this determination the Director of Finance or his/her Q
23 designee is hereby authorized to increase Annual Purchase Order No. 2015-92 to an amount
24 not to exceed$96,200.
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26 SECTION 4. The purchase order shall reference this Resolution Number and shall
27 read, "iWorQ Systems, Inc. for pavement management inventory and pavement distress/curb
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I gutter identification of City streets, Purchase Order 2015-92 not to exceed $96,200" and shall
2 incorporate the terms and conditions of the agreement.
3 SECTION 5. The authorization to execute the above-referenced agreement is
4 rescinded if it is not issued within sixty(60) days of the passage of this resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
AND INCREASE TO ANNUAL PURCHASE ORDER NO. 2015-092 TO AN AMOUNT
3 NOT TO EXCEED $96,200 TO iWorQ SYSTEMS, INC. FOR CITY-WIDE
4 PAVEMENT MANAGEMENT INVENTORY AND PAVEMENT DISTRESS/CURB
AND GUTTER IDENTIFICATION.
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
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7 and Common Council of the City of San Bernardino at a meeting
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8 thereof, held on the day of , 2015,by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
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MARQUEZ °'
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BARRIOS
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13 VALDIVIA E
14 SHORETT a
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15 NICKEL
16 JOHNSON
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MULVIHILL
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20 Georgeann Hanna, City Clerk
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21 The foregoing resolution is hereby approved this day of , 2015.
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22 a
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R. CAREY DAVIS, Mayor
24 City of San Bernardino
25 Approved as to form:
26 GARY D. SAENZ, City Attorney
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28 By.
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1125 West 400 North,Suite 102, Logan, UT 84321
NOTE:This quote cannot be disclosed or used to compete with other companies
1.0 QUOTE
San Bernardino, CA hereafter known as"Customer"enters into the following Service Agreement with iWorQ
Systems"iWorQ" located in Logan Utah. Customer will pay a fee for the services listed below:
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Application Cost Billin
Pavement Condition Assessment $80,000.00 Recommended c
_ Every 3 Years =
Pavement Management Software(Web Based Software E
included in previous application package) $0.00 a,
TOTAL $80,000.00
Additional Services
TOTAL $80,000.00
Unlimited Technical Support&Phone Trainings FREE Aiways
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*This offer was made on March 18,2015 and is valid for 30 days. co
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*Recommended Pavement Condition Assessments every 3 years starting in 2015.
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*Pavement Condition Assessment Details and Deliverables Outlined in Section 4.2
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2.0 GUIDELINES a
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2.1 Getting Started cY
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Fax signed Service Agreement to 1-866-379-3243 or email to rking@iworg.com .Ec
iWorQ will assign a technician to your account and start the setup and training process. y
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2.2 Billing Information
iWorQ will invoice Customer on an annual basis. Customer reserves the right to cancel service
at anytime by providing iWorQ a 30 day written notice.
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2.3 Data Conversion
As part of the Start-up iWorQ will provide a data conversion service. This service consists of
importing data, sent by the Customer, in an electronic format. iWorQ will provide emails and a
FTP site were the electronic data can be sent.
3.0 SERVICES
3.1 Data Ownership
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All customer data remains the property of the customer. Customer can request data
electronically or on disk, upon cancelation of Service Agreement.
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3.2 FREE Training a,
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iWorQ will provide Customer FREE training and support. iWorQ provides weekly webinars,
phone support, written manuals,web videos, documentation and help files. Training is
available to any Customer with a login.
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3.3 FREE Updates ti
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All updates, bug fixes, and upgrades are FREE to the Customer. iWorQ is a web-based
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application. Customer only needs to Login,to get any updates to the applications. E
3.4 FREE Support Q
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Customer support and training are FREE and available from 8:00 A.M.to 5:00 P. M. Mountain
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Standard Time. Y
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3.5 FREE Data Back-up o
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iWorQ does back-ups twice weekly and offsite once weekly.
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4.0 ADDITIONAL SERVICES
4.1 Quotes for Additional Services
iWorQ can provide the Customer quotes for additional services, at the request of the customer.
These services include: Data Collection, Pavement condition surveys, GPS training, GIS services,
Project management, Data QC/QA plans, and more.
4.2 Pavement Condition Assessment
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The inventory and pavement distress identification will be started at your request and will be completed in
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six weeks. The deliverables include: >
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1. A pavement segment inventory with a unique id associated to the San Bernardino, CA centerline file. r
2. A Pavement distress identification based on remaining service life(RSL),and the SHRP distress a,
(alligator, transverse,edge, patching and potholes, longitudinal)
3. A condition for each segment '0
4. A network pavement condition distribution =
5. A recommended treatment for each pavement segment °'
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6. A complete data set entered into the iWorQ Pavement Management application
7. The information and data required for budgeting and planning n.
8. Estimated percentage of Curb and Gutter per segment(25,50,75,100) 00
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The project will require 14 days of data collection for 3 crew. This estimate is based on 624 miles of road
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and travel costs. d
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Table 1. Inventory and Distress Identification Breakdown s
Task Quantity Description Cost Total
1 14 days Days of data collection for one iWorQ team $1875/day $26,250
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member, per diem,travel and equipment
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1 14 days Days of data collection for one iWorQ team $1875/day $26,250 E
member, per diem,travel and equipment
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1 14 days Days of data collection for one iWorQ team $1875/day $26,250 ¢
member, per diem,travel and equipment
2 2 days Data management and QC/QA $625/day $1,250
$80,000
I. TOTAL
The table above shows the cost for crew(s) along with data entry. This cost would paid by San Bernardino,
CA.
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5.0 SIGNATURE AND BILLING INFORMATION
5.1 Signature
Signature of this Agreement is based on the understanding and acknowledgement of the terms and
conditions stated within this Service Agreement.
(Print Name) (Signature) (Title)
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(Phone) (Cell) (email) a
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5.2 Billing Information
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Primary Contact Phone Cell
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Attention: (Person in charge of paying invoices)
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City State Zip
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PO# (if required) Tax exempt ID#
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Service to begin on (Date)
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND iWorQ SYSTEMS INCORPORATED FOR PAVEMENT MANAGEMENT
INVENTORY AND PAVEMENT DISTRESS IDENTIFICATION
This VENDOR Service Agreement is entered into this th day of
2015, by and between iWorQ Systems Incorporated ("VENDOR") and the City of Sar.
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 &
pavement distress identification of CITY streets; and
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WHEREAS, the City of San Bernardino has determined that the vendor possesses the
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professional skills and ability to provide said services for the City; and
NOW,THEREFORE,the parties hereto agree as follows: E
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1. SCOPE OF SERVICES. a
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For the remuneration stipulated in Section 2, San Bernardino hereby engages the M
services of VENDOR to provide those services as set forth in its quote titled "Pavement M
Management Inventory & Pavement Distress Identification ", a copy of which is on file in the a�
Public Works Department and a copy is attached hereto as Attachment "I" and incorporatec
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here by this reference.
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 for pavement management
inventory &pavement distress identification.
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
Exhibit"A"
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3. TERM; TERMINATION.
This Agreement shall take effect upon the date indicated above and continue until thf
project is completed. 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
amended by written agreement of the parties executed on or before the date of expiration o:
current term of the agreement.
4. INDEMNITY.
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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
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any kind and nature arising from bodily injury, including death, or property damage, based or
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asserted upon any or alleged act or omission of VENDOR, its employees, agents, or Z
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subcontractors, relating to or in any way connected with the accomplishment of the work or E
performance of service under this Agreement, unless the bodily injury or property damage was a
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actually caused by the sole negligence of the City, its elected officials, employees, agents or M
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representatives. As part of the foregoing indemnity, VENDOR agrees to protect and defend at M
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its own expense, including attorney's fees the City, its elected officials, employees, agents or 5
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 w
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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
Exhibit"A"
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liability insurance, in the amount of $1,000,000.00 combined single limit, and statutory
workers 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 ar
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 at least 30 days prior
to any change in or termination of the policy.
6. NON-DISCRIMINATION.
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In the performance of this Agreement and in the hiring and recruitment of employees,
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VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
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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
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sexual orientation, or any other status protected by law. E
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7. INDEPENDENT CONTRACTOR.
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VENDOR shall perform work tasks provided by this Agreement, but for all intents and
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purposes VENDOR shall be an independent contractor and not an agent or employee of the M
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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 Y
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employees, and all business license, 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,
Exhibit"A"
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qualifications, insurance and approval of whatever nature that are legally required of VENDOp
to practice its business or profession.
9. NOTICES.
Any notices to be given pursuant to this Agreement shall be deposited with the Unites
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Public Works Director
300 North"D" Street
San Bernardino, CA 92418
Telephone: (909) 384-5140 0
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TO THE VENDOR: iWorQ Systems Incorporated
190 E. Center
Logan, UT 84321 E
Telephone: (435-755-5126 a,
Contact: Garyn Perrett c
10. ATTORNEYS' FEES.
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In the event that litigation is brought by any party in connection with this Agreement. 0>
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the prevailing party shall be entitled to recover from the opposing party all costs and expenses, cO
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of w
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its rights or remedies hereunder or the enforcement of any of the teens, conditions or E
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provisions hereof. Attorney's fees for the City Attorney and members of his office shall be r
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calculated based on market rate for comparable services.
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11. ASSIGNMENT. a
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"
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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
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mandatory and not permissive in nature.
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13. GOVERNING LAW.
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This Agreement shall be governed by the laws of the State of California. a),
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14. SUCCESSORS AND ASSIGNS.
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This Agreement shall be binding on and inure to the benefit of the parties to this Agreement E
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and their respective heirs, representatives, successors, and assigns. °'
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15. HEADINGS.
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The subject headings of the sections of this Agreement are included for the purposes of M
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convenience only and shall not affect the construction or the interpretation of any of its i
provisions.
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lb. SEVERABILITY.
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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.
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Exhibit"A"
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Q� 17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between th(
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 instrumen
executed by all parties to this Agreement.
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Exhibit"A"
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VENDOR SERVICE AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO
AND iWorQ SYSTEMS INCORPORATED FOR PAVEMENT MANAGEMENT
INVENTORY AND PAVEMENT DISTRESS IDENTIFICATION
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day anc
date set forth below.
Dated: , 2015 iWorQ SYSTEMS INCORPORATED
By:
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Dated , 2015 CITY OF SAN BERNARDINO
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By:
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Allen J. Parker, City Manager
Approved as to Form:
Gary D. Saenz, City Attorney
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Exhibit"A"
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