Title
Licensing for Bridge Management Software - American Association of State Highway and Transportation Officials - Amendment (Ordinance S-49279)
Description
Request to authorize the City Manager, or his designee, to amend an existing agreement with the American Association of State Highway and Transportation Officials (AASHTO) for bridge management software licensing for the Street Transportation Department in an amount not to exceed $47,000 for one year. Further request authorization for the City Controller to disburse all funds related to this item.
Additionally, request the City Council to grant an exception to Phoenix City Code section 42-18 to allow the city under Phoenix City Code section 42-20 to limit its rights to legal redress or compensation by waiving specific indemnity, insurance, and venue rights under the continuation of this agreement.
Report
Summary
The AASHTOWare Bridge Rating analytical software allows the City to perform bridge load ratings for determining maintenance needs, assuring public safety, scheduling retrofit or replacement elements, and assessing overload for Federal reporting purposes. The City has utilized this software and has renewed the software license annually for the last 10 years. This request will authorize the City to enter into an agreement for the next year of software products and license usage until the City executes a cooperative agreement with the Arizona Department of Transportation (ADOT) for sharing of information. ADOT currently uses AASHTOWare for the same purposes. Consolidating efforts and sharing information will provide operational efficiencies and savings to the City upon license renewal.
With few exceptions, Phoenix City Code section 42-18 prohibits the City from limiting its rights to legal redress for negligence, product liability, design defects, and other similar conduct exposing the City to a potential loss of property or personal injury damages recoverable by law. Notwithstanding, the City Attorney may act in the best interest of the City where indicated and Phoenix City Code section 42-20 allows for the City to provide coverage of any claim brought against the City through self-insurance with council approval.
This item has been reviewed and approved by the Information Technology Services Department.
Financial Impact
The total estimated cost, which includes one year of license usage fees, is an amount not to exceed $47,000. Funds are available in the Street Transportation Department’s budget.
Concurrence/Previous Council Action
The City Council previously approved the licensing agreement for use of the AASHTOWare Bridge Rating analytical software on March 18, 2020 (Ordinance S-46445).
Department
Responsible Department
This item is submitted by Deputy City Manager Mario Paniagua and the Street Transportation Department.