HomeMy WebLinkAboutRES 23-075RESOLUTION NO. 23-075
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be, and he is hereby, authorized to execute a contract
with Infrastructure Management Services, LLC (IMS), of Tempe, Arizona, in the
estimated amount of $184,825.00 for street pavement management services. The
agreement is substantially in the form attached hereto as Exhibit "A" and made a part
hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of
March, 2023.
- Mayor Robin Mouton -
CITY OF BEAUMONT, TEXAS
PROFESSIONAL SERVICES AGREEMENT
PROJECT: PAVEMENT DATA COLLECTION, ANALYSIS, RE, PORT,'2023
This Agreement made on the day of , 2023, between:
THE CITY OF BEAUMONT
801 Main Street
Beaumont, TX 77701
("City")
and
IMS Infrastructure Management Services, LP
8380 S. Kyrene Road, Suite 101
Tempe, AZ 85284
("Consultant")
NOW THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF WORK. The project is more particularly described as follows:
The scope of CONSULTANT'S services ("Services") and project deliverables are described in
Attachment A --- Scope of Services, the contents of which shall be incorporated into this
AGREEMENT.
2. INDEPENDENT CONTRACTOR. CONSULTANT'S relationship to the CITY shall
be that of an independent contractor. CONSULTANT shall have no authority, express or
implied, to act on behalf of the CITY as an agent, or to bind the CITY to any obligation
whatsoever, unless specifically authorized in writing by the CITY Manager. The
CONSULTANT shall not be authorized to communicate directly with, nor in any way
direct the actions of, any bidder or the construction contractor for this project without the
prior written authorization by the CITY's Project Manager. CONSULTANT shall be
solely responsible for the performance of any of its employees, agents, or subcontractors
under this Agreement. CONSULTANT shall report to the CITY any and all employees,
agents, and consultants performing work in connection with this project, and all shall be
subject to the approval of the CITY.
3. LIABILITY INSURANCE.
3.1. CONSULTANT shall, throughout the duration of this Agreement maintain comprehensive
general liability and property damage insurance, or commercial general liability insurance,
covering all operations of CONSULTANT, its agents and employees, performed in
connection with this Agreement including but not limited to premises and automobile.
EXHIBIT "A"
3.2 CONSULTANT shall maintain liability insurance in the following minimum limits:
Comprehensive General Liability Insurance
(bodily injury and property damage)
Combined Single Limit Per Occurrence $ 1,000,000
General Aggregate $ 2,000,000*
Commercial General Liability Insurance
(bodily injury and property damage)
General limit per occurrence $ 1,000,000
General limit project specific aggregate $ 2,000,000
Automobile Liability Insurance $ 1,000,000
*General aggregate per year, or part thereof, with respect to losses or other acts or
omissions of CONSULTANT under this Agreement.
3.3 If coverage is provided through a Commercial General Liability Insurance policy, a
minimum of 50% of each of the aggregate limits shall remain available at all times. If
over 50% of any aggregate limit has been paid or reserved, 'the CITY may require
additional coverage to be purchased by the CONSULTANT to restore the required limits.
The CONSULTANT shall also notify the CITY'S Project Manager promptly of all losses
or claims over $25,000 resulting from work performed under this contract, or any loss or
claim against the CONSULTANT resulting from any of the CONSULTANT'S work.
3.4 All insurance companies affording coverage to the CONSULTANT for the purposes of
this Section shall add the CITY of Payson as "additional insured" tinder the designated
insurance policy for all work performed under this agreement. Insurance coverage
provided to the CITY as additional insured shall be primary insurance and other insurance
maintained by the CITY of Payson, its officers, agents, and employees shall be excess
only and not contributing with insurance provided pursuant to this Section.
3.5 All insurance companies affording coverage to the CONSULTANT pursuant to this
agreement shall be insurance organizations admitted by the Insurance Commissioner of
the State of Arizona to transact business of insurance in the state with an AM Best, Inc.
financial strength rating of A- or higher and a financial size category of VII or larger
3.6 CONSULTANT shall provide thirty (30) days written notice to the CITY should any
policy required by this Agreement be cancelled before the expiration date. For the
purposes of this notice requirement, any material change in the policy prior to the
expiration shall be. considered a cancellation.
3.7 CONSULTANT shall provide evidence of compliance with the insurance requirements
listed above by providing, at minimum, a Certificate of Insurance and applicable
endorsements, in a form satisfactory to the CITY Attorney, concurrently with the
submittal of this Agreement.
3.8 CONSULTANT shall provide a substitute Certificate of Insurance no later than thirty (30)
days prior to the policy expiration date. Failure by the CONSULTANT to provide such a
substitution and extend the policy expiration date shall be considered a default by
CONSULTANT and may subject the CONSULTANT to a suspension or termination of
work under the Agreement.
3.9 Maintenance of insurance by the CONSULTANT as specified in this Agreement shall in
no way be interpreted as relieving the CONSULTANT of any responsibility whatsoever
and the CONSULTANT may carry, at its own expense, such additional insurance as it
deems necessary.
4. PROFESSIONAL ERRORS AND OMISSIONS INSURANCE. Throughout the
duration of this Agreement and four (4) years thereafter, the CONSULTANT shall
maintain professional errors and omissions insurance for work performed in connection
with this Agreement in the minimum amount of One Million Dollars ($1,000,000.00).
CONSULTANT shall provide evidence of compliance with these insurance requirements
by providing a Certificate of Insurance.
5. WARRANTY. CONSULTANT warrants to CLIENT that it will pdrform the services in
a manner consistent with that level of care and skill ordinarily exercised by members of
the profession currently practicing under similar conditions in the same locale.
CONSULTANT MAKES NO OTHER WARRANTIES OR GUARANTEES,
EXPRESSED OR IMPLIED, RELATING TO CONSULTANT'S SERVICES OR
SOFTWARE PROVIDED BY OTHERS, AND CONSULTANT DISCLAIMS ANY
IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING
WARRANTIES OF MERCHANTABILITY AND FITNESS -FOR A PARTICULAR
PURPOSE.
6. CONSULTANT'S INDEMNIFICATION OF CITY. To the greatest extent allowed by
law, CONSULTANT shall indemnify and hold harmless the CITY and its officers, agents
and employees against all claims for damages to persons or property arising out of
CONSULTANT'S work, including the negligent acts, errors or omissions or wrongful acts
or conduct of the CONSULTANT, or its employees, agents, subcontractors, or others in
connection with the execution of the work covered by this Agreement, CONSULTANT'S
indemnification shall include any and all costs, expenses, attorneys' fees, expert fees and
liability assessed against or incurred by the CITY, its officers, agents, or employees in
defending against such claims or lawsuits, whether the same proceed to judgment or not.
Further, CONSULTANT at its own expense shall, upon written request by the CITY,
defend any such suit or action brought against the CITY, its officers, agents, or employees
founded upon, resulting or arising from the conduct, tortious acts or omissions of the
CONSULTANT.
CONSULTANT'S indemnification of CITY shall not be limited by any prior or
subsequent declaration by the CONSULTANT.
7. OWNERSHIP OF DOCUMENTS. All plans and specifications, including details,
computations and other documents, prepared or provided by the CONSULTANT under
this Agreement shall be the property of the CITY. The CITY agrees to hold the
CONSULTANT free and harmless from any claim arising from any use, other than the
purpose intended, of the plans and specifications and all preliminary sketches, schematics,
preliminary plans, architectural perspective renderings, working drawings, including
details, computation and other documents, prepared or provided by the CONSULTANT.
CONSULTANT may retain a copy of all material produced under this Agreement for the
purpose of documenting CONSULTANT's participation in this project.
8. COMPENSATION. CONSULTANT'S compensation for all work performed in
accordance with this Agreement, shall not exceed the total contract price of $184,825.00
as presented in Attachment A — Scope of Services. This includes LCMS-2 RST survey w/
alongulith the Easy Street Analysis (ESA) spreadsheet, written report, sidewalks database
ftorn imagery, Ch)iivorks sync to the ESA, and the Story Map. " If no fees are stated, fees
will be according to CONSULTANT's current fee schedule. Fee schedules are guaranteed
for the life of the contract.
CONSULTANT may invoice CLIENT at least monthly and payment is due within 45
calendar days of receipt of the invoice. The invoice shall follow the fee schedule and be
based on percentage complete or other agreed upon milestones. Documentation in the form
of a project status spreadsheet shall be supplied in support of each invoice. No withholdings
shall be made. CLIENT shall notify CONSULTANT in writing, at the address above,
within 14 business days of the date of the invoice if CLIENT objects to any portion of the
charges on the invoice and shall pay undisputed portions of an invoice within 30 days of
receipt of the invoice, CLIENT shall pay a finance fee/late fee of 1.5% per month, but not
exceeding the maximum rate allowed by law, for all unpaid amounts 20 days or older.
CLIENT agrees to pay all collection -related costs that CONSULTANT incurs, including
attorney fees. CONSULTANT may suspend services for lack of timely payment.
No work shall be performed by CONSULTANT in excess of the total contract price
without prior written approval of the CITY's Project Manager. CONSULTANT shall
obtain approval by the CITY's Project Manager prior to performing any work that results
in incidental expenses to CITY.
9. TIMING REQUIREMENTS. Time is of the essence in the performance of work under
this Agreement and the timing requirements shall be strictly adhered to unless otherwise
modified in writing. Timing Requirements is hereby mutually agreed to be through
September 30, 2023 - with an initial contract expiration of February 21, 2024.
* There are four (4) one-year extensions available on this contract.
10. PERIOD OF SERVICE - Work shall be initiated upon written authorization from CITY
or execution of this agreement. The agreement term shall be one (1) year commencing on
the Effective Date of February 21 ", 2023. The agreement may he extended for additional
consecutive terms, not to exceed a total of four (4) years, subject to appropriations and
the mutual agreement of CONSULTANT and the CITY.
11. COOPERATIVE STATEMENT - This Agreement shall be for the use of the CITY. In
addition, political subdivisions (Counties, Cities, CITYs, etc.), nonprofit organizations
and public health institutions may in its discretion participate (piggyback) on this
Agreement if CONSULTANT agrees to do so.
12, COMPLETENESS — This Agreement represents the entirety of the Agreement between
the Parties. Any changes to this Agreement must be made in writing and mutually agreed
Upon.
13. TERMINATION — Either Party may terminate this Agreement for any reason by
providing written notice to the other Party in writing within thirty (30) days of their
desired end date.
14. NOTICE —Notice for this Agreement shall be deemed received when sent by certified
mail or electronic mail to the following:
o CONSULTANT: Jim Tourek, 8380 S. Kyrene Rd., Tempe, AZ 85284
jtourek@imsanalysis.com
o CITY: David Tingle, EIT, 801 Main Street, Beaumont, TX 77701
David.Tingle@beaumonttexas.gov
15, VENUE — Venue for any dispute arising from this Agreement shall be proper in
Beaumont, Jefferson County Texas.
16. SIGNATURES. The individuals executing this Agreement represent and warrant that
they have the right, power, legal capacity and authority to enter into and to execute this
Agreement on behalf of the respective legal entities of the CONSULTANT and the
CITY.
IN WITNESS WHEREOF, the parties hereto for themselves, their heirs, executors,
administrators, successors, and assigns do hereby agree to the full performance of the covenants
herein contained and have caused this Professional Services Agreement to be executed by setting
hereunto their signatures on the dates set forth below.
IMS Infrastructure Mgt. Services, LP
B
John Till, Controller
CITY OF BEAUMONT
Date: 2/16/2023 Date:
20-0843083
Employer ID No.
Kenneth R. Williams, City Manager
APPROVED AS TO FORM:
City Clerk
1-H
This Agreement made on thebetween:
801 Main Street
Beaumont, TX 77701
440V>)
and
TMS Infrastructure Management Services, LP
8380 S. `yrene Road, Suite 101
Tempe, AZ 85284
("Consultants )
1. SCOPE OF WORK-1. The project is more particularly described as folloiws:
The scope of'CON'SULTANT'S services ("Services") and project deliverables are described in
Attachment A — Scope of Services, the contents of which shall be incorporated 'into this
AGREEMENT.
3. LIABILITY INSURANCE.
3.1. CONSULTANT shall, throughout the duration of this Agreement maintain comprehensive
general liability and property damage insurance, or commercial general liability �insurance,
covering all operations of CONSULTANT, its agents, and employees, performed in
1 10
connection with this Agreement inctucting but not limited to premises and automobl"De'.
3.2 CONSULTANT shall maintain liability insurance in the following minimum limits:
(bodily injury and property damage)
Combined Single Limit Per Occurrence $ 1 XOMOO
General Aggregate $ 2POM00-Al
(bodily injury and property damage)
General limit per occurrence $ 1, M003000
General limit project specific aggregate $250005000
Automobile Liability Insurance $ 1 M005000
*General aggregate per year, or part thereof, with respect to losses or other acts o
0 omissions of CONSULTANT under this Agreement.
3.3 If coverage isi provided through a Commercial General Liabillity Insurance policy, a
minimum of 501, of each of the aggregate limits shall remain available at all times. If
over 50% of any aggregate limit has been paid or �reserved, the CITY may require
additional coverage to be purchased by the CONSULTANT to restore the required limits,.
The CONSULTANT shall also notify the CITY'S Project Manager promptly of all losses
or claims ovier $25,000 resulting from work performed under this contract, or any loss or
claim against the CONSULTANT resulting from any of the CONSULTANT'S work.
0
3.4 All insurance companies affording coverage to the CONSULTANT for the purposes of
this, Section shall add the CITY of Payson, as "additional 'Insured" under the designated
insurance policy for all work performed under this agreement. Insurance coverage
provided to the CITY as additional 'insured shall be primary insurance and other insurance
rnaintained by the CITY of Payson, its officers, agents, and employees shall be excess
only and not contributing with insurance provided pursuant to this Section.
4
3.5 All insurance companies affording coverage to the CONSULTANT pursuant to this
agreement shall be insurance organizations admitted by the Insurance Commissioner of
J
the State of Arizona to transact business of insurance in the state with an AM' Best, Inc.
financial strength rating of A- or higher and a financial size category of VII or larger
3.6 CONSULTANT shall provide thirty (30) days written notice to the CITY should an
policy required by this Agreement be cancelled before the expiration date. For th
0 0 0 1-1
purposes of this notice requirement, any material change in the policy prior to tLL
expiration shall be considered a cancellation.
3.7 CONSULTANT shall provide evidence of compliance with the insurance requirements
listed above by providing, at minimum, a Certificate of Insurance and applicable,
endorsements, in a form satisfactory to the CITY Attorney, concurrently with the
Submittal of this Agreement.
0
3.8 CONSULTANT shall provide a substitute Certificate of Insurance no later than thirty (30)
0
days prior to the policy expiration date. Failure by the CONSULTANT to provide such a
substitution and extend the policy expi 0 ration date shall be considered a default by
CONSULTANT and may subject the CONSULTANT to a suspension or termination of
work under the Agreement.
3.9 Maintenance of insurance by the CONSULTANT as specified in this Agreement shall in
no way be interpreted as relieving the CONSULTANT of any responsibility whatsoever
and the CONSULTANT may carry, at its own expense, such additional insurance as it
deems necessary.
J
.. .... . ...... .. . . . ....... . . . . ...... ..
duration of this Agreement and four (4) years thereafter, the CONSULTANT shall
maintain professional errors and omissions insurance for work performed in connection
w ith this A2reement in the minimum amount of One Million Dollars ($1,000,000.00).
CONSULTANT shall provide evidence of comphance with these insurance requirements
by providing a Certificate of Insurance.
CONSULTANT'S indemnification of CITY shall not be limited by any prior or
subsequent declaration by the CONSULTANT.
7. OWNERSHIP OF DOCUME NTS. All pilans and specifications, including details,
computations and other documents, prepared or provided by the CONSULTANT under
this Agreement shall be the property of the CITY. The CITY agrees to hold the
CONSULTANT free and harmless from any claim arising from any use, other than the
* e tdd, of the plans nd specificat' s tches schematics
purposin e n eaions and all preliminary ek
prelirritnary plans, architectural perspective renderings, working drawings, including
details, computation and other documents, prepared or provided by the CONSULTANT.
CONSULTANT may retain a copy of all material produced under this Agreement for the
purpose of documenting CONSULTANT's participation in this project.
COMPENSATION. CONSULTANT'S compensation for all work performed
accordance with thi's Agreement, shall not exceed the total contract price of $184,825.00
as presented in Attachment A — Sco
pe of Services. This includes LCMS-2 RST surve)) ii)/
along TOM the Eavy StreetAnalysis (ESA) sprvadsheet, ii)rltten report, sidei.,tw1kv database
ftoni iniagery, 01jni)orks sync to the ESA, and the Stor)� Map. " If no fees are stated, fees
w 'H be according to CONSULTANT's current fee schedule. Fee schedules are guaranteed
for the life of the contract.
. . . . . .....
No work shall be performed by CONSULTANT in excess of the total contract price
without prior written approval of the CITY"s Project Manager. CONSULTANT shall
obtain approval by the CITY's Project Manager prior to performnig any work that results
in incidental expenses to CITY.
9. TIMING REQUIRE MENTS. Time is of the essence in the performance of work under
this Agreement and the timing requirements shall be strictly adhered to unless otherwise
modified in writing. Timing Requirements is hereby mutually agreed to be through
September 30, 2023 - with an initial contract expiration of February 21, 20241.
* There are four (4) one-year extensions available on this contract.
Jig
W Q1 MA J Ll
120 COMPLETENESS — This Agreement represents the entirety of the Agreement between
the Parties. Any changes to this Agreement must be made 'in writing and inutually agreed
upon.
13, TERMINATION — Either Party niray terminate this Agreement for any reason by
providing written notice to the other Party in writing within thirty (30) days of their
desired end date.
14, NOTICE --Notice for this Agreement shall be deemed received when sent by certi" red
mail or electronic mail to the following:
o CONSULTANT: Jim Tourek, 83,80 S, Kyrene Rd,, Tempe, AZ 85284
jtourek@1'msana ys1's.Co111
* CITY: David Tingle, EIT, 801 Main Street, Beaumont, TX 77701
Dav'ld.T'itigle@b�eaiimonttexas.gov
15# VENUE — Venue for any dispute arising from this Agreement sliall be proper in
Beaumont, Jefferson County Texas.
16, SIGNATURES. The individuals executing this Agreement represent and warrant that
they have the right, power, legal capacity and authority, to enter into and to execute thi's
Agreement on behalf of the respective legal entities of the, CONSULTANT and the
CITY.
IN WITNESiS WHEREOF, the parties hereto for themselves, their heirs, executors.,
administrators, successors, and assigns do hereby agree to the full performance of the covenants
herein contained and have caused this Professional Services Agreement to be executed, by setting
hereunto their signatures on the dates set forth below.
IMS Inftastructure Mgt. Services, LP CITY OF BEAUMONT
By: By: V(UL
John Till, Controller Kenneth R. Williams,, City Manager
Date: 2/16/2023 Date:
20-0843083 APPROVED AS TO FORM:
Employer ID No.
Jr,
lip
A-2110100-CM91
CiTT' OF BEAUMONT: I
THAT the City Manager be, and he is hereby, authorized to execute a contract
with Infrastructure
Management Services, LLC (IMS),
of Tempe, Arizona, in
the:
estimated amount
of $184,825.00 for, street pavement
management services.
The
agreement is substantially in the form attached hereto as Exhibit "'A" and made a part
IMEMESEMM=
The meeting at which this resolution was approved was 'in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas, Government, Code, Chapter
my
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 7th day of'
March, 2023.
4W
P, A,. I T'0TtXW1
- Mayor Robin Mouton -