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HomeMy WebLinkAboutRES 06-087 RESOLUTION NO. 06-087 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves a contract through the Houston-Galveston Area Council (H-GAC) with R. W. Beck, Inc. for Environmental, Community Planning, Engineering, and Homeland Security consulting and related services. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. PASSED BY THE CITY COUNCIL of the City of u ont this the 21st day of March, 2006. .� 111 .� IV 41 1 •••••• �„ - Mayor Guy N. Goodson - PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement is being facilitated through the Houston-Galveston Area Council's Cooperative Purchasing Program contract with R. W. Beck,Inc.for Environmental, Community Planning, Engineering, and Homeland Security Consulting and Related Services. This PROFESSIONAL SERVICES AGREEMENT ("Agreement") is dated March 6, 2006,by and between Beck Disaster Recovery, Inc. ("Consultant"), with offices at 1000 Legion Place, Suite 1100 Orlando, FL 32801 and City of Beaumont, Texas ("Client"), with offices at 801 Main Street,Beaumont, Texas, 77701. NOW, THEREFORE in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows: 1. Scope of Services: Consultant and Client agree Consultant will perform Services associated with debris management and disaster recovery as described in the Scope of Services attached as Exhibit A in accordance with the schedule set forth therein. 2. Independent Contractor: Consultant is an independent contractor and is not an employee of Client. Services performed by Consultant under this Agreement are solely for the benefit of Client. Nothing contained in this Agreement creates any duties on the part of Consultant toward any person not a party to this Agreement. 3. Standard of Care: Consultant will perform services under this Agreement with the degree of skill and diligence normally practiced by professional engineers or consultants performing the same or similar services. No other warranty or guarantee, expressed or implied, is made with respect to the services furnished under this Agreement and all implied warranties are disclaimed. 4. Changes/Amendments: This Agreement and its exhibits constitute the entire agreement between the Parties and together with its exhibits supersede any prior written or oral agreements. This Agreement may not be changed except by written amendment signed by both Parties. The estimate of the level of effort, schedule and payment required to complete the Scope of Services, as Consultant understands it, is reflected herein. Services not expressly set forth in this Agreement Agreement or its exhibits are excluded. Consultant shall promptly notify Client if changes to the Scope of Services affect the schedule, level of effort or payment to Consultant and the schedule and payment shall be equitably adjusted. If Consultant is delayed in performing its services due to an event beyond its control, including but not limited to fire, flood, earthquake, explosion, strike, transportation or equipment delays, act of war, or act of God, then the schedule or payment under the Agreement shall be equitably adjusted, if necessary, to compensate Consultant for any additional costs due to the delay. 5. Fee for Services: The fee for the services under this Agreement will be based on the actual hours of services furnished multiplied by Consultant's Billing Rates as set forth on Exhibit B, plus all reasonable expenses directly related to the services furnished under this Agreement. EXHIBIT "A" Client# /Agreement# R.W.Beck PSA 1 of 9 PROFESSIONAL SERVICES AGREEMENT 6. Payment: Client shall pay Consultant for services furnished under this Agreement upon submission of monthly invoices in an amount equal to actual hours of services furnished multiplied by the Billing Rates attached as Exhibit B. Client shall pay Consultant within thirty (30) days of receipt of invoices less any disputed amounts. If Client disputes any portion of the invoice, the undisputed portion will be paid and Consultant will be notified in writing, within ten (10) days of receipt of the invoice of the exceptions taken. Consultant and Client will attempt to resolve the payment dispute within sixty (60) days or the matter may be submitted to arbitration as provided below. Additional charges for interest shall become due and payable at a rate of one and one-half percent (1-1/2%) per month (or the maximum percentage allowed by law, whichever is lower) on the unpaid, undisputed invoiced amounts. Any interest charges due from Client on past due invoices are outside any amounts otherwise due under this Agreement. If Client fails to pay undisputed invoiced amounts within sixty (60) days after delivery of invoice, Consultant, at its sole discretion, may suspend services hereunder or may initiate collections proceedings, including mandatory binding arbitration, without incurring any liability or waiving any right established hereunder or by law. 7. Indemnity: To the extent permitted by law, Client agrees to indemnify, defend and hold harmless Consultant and its directors, officers, shareholders, employees and subconsultants (each an 'Indemnified Party') from and against any and all loss, damage, claim or liability (including, without limitation reasonable attorney's fees) incurred by or imposed on the Indemnified Party by reason of or in connection with the appointment of Consultant to perform the Scope of Services under this Agreement; provided, however, that Client shall not, and shall not be obligated to, indemnify, defend or hold harmless any Indemnified Party from or against any loss to the extent the loss arises from the gross negligence or willful misconduct of the Indemnified Party . Upon notice from any Indemnified Parry of any action or proceeding subject to the indemnification in this section, Client agrees to defend the Indemnified Party in the action or proceeding. 8. Insurance: Consultant shall maintain insurance with the following required coverages and minimum limits and upon request,will provide insurance certificates to Client: Worker's Compensation Statutory Employer's Liability U.S. $1,000,000 Commercial General Liability U.S. $1,000,000 per occurrence U.S. $1,000,000 aggregate Comprehensive General Automobile U.S. $1,000,000 combined single limit Professional Liability U.S. $1,000,000 per claim and in the aggregate 9. Work Product: Client shall have the unrestricted right to use the documents, analyses and other data prepared by Consultant under this Agreement ('Work Products'); provided, however Client shall not rely on or use the Work Products for any purpose other than the purposes under this Agreement and the Work Products shall not be changed without the prior written approval of Consultant. If Client releases the Work Products to a third party Client# /Agreement# R.W.Beck PSA 2 of 9 PROFESSIONAL SERVICES AGREEMENT without Consultant's prior written consent, or changes or uses the Work Products other than as intended hereunder, (a) Client does so at its sole risk and discretion, (b) Consultant shall not be liable for any claims or damages resulting from the change or use or connected with the release or any third party's use of the Work Products and (c) Client shall indemnify, defend and hold Consultant harmless from any and all claims or damages related to the release, change or reuse. 10. Limitation of Liability: No employee of Consultant shall have individual liability to Client. To the extent permitted by law, the total liability of Consultant, its officers, directors, shareholders, employees and subconsultants for any and all claims arising out of this Agreement, including attorneys' fees, and whether caused by negligence, errors, omissions, strict liability, breach of contract or contribution, or indemnity claims based on third party claims, shall not exceed the revenue received by Consultant under this Agreement or one hundred fifty thousand dollars (U.S. $150,000.00), whichever is greater. 11. No Consequential Damages: In no event and under no circumstances shall Consultant be liable to Client for any principal, interest, loss of anticipated revenues, earnings, profits, increased expense of operation or construction, loss by reason of shutdown or non-operation due to late completion or otherwise or for any other economic, consequential, indirect or special damages. 12. Information Provided by Others: Client shall provide to Consultant in a timely manner any information Consultant indicates is needed to perform the services hereunder. Consultant may rely on the accuracy of information provided by Client and its representatives. 13. Safety and Security: Consultant has established and maintains programs and procedures for the safety of its employees.Unless specifically included as a service to be provided under this Agreement, Consultant specifically disclaims any authority or responsibility for job site safety and safety of persons other than Consultant's employees. Consultant shall not provide any such services and disclaims any responsibility under this Agreement related to site security or the assessment, evaluation, review, testing, maintenance, operation or safety practices or procedures related to security. 18. Termination: Either party may terminate this Agreement upon thirty (30) days prior written notice to the other party. Client shall pay Consultant for all services rendered to the date of termination plus reasonable expenses for winding down the services. If either party defaults in its obligations hereunder, the non-defaulting party, after giving seven(7) days written notice of its intention to terminate or suspend performance under this Agreement, may, if cure of the default is not commenced and diligently continued, terminate this Agreement or suspend performance under this Agreement. 19. Dispute Resolution: Consultant and Client shall attempt to resolve conflicts or disputes under this Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator (except for Client# /Agreement# R.W.Beck PSA 3 of 9 PROFESSIONAL SERVICES AGREEMENT payment disputes which may be submitted directly to arbitration). If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either requests mediation, the dispute or conflict shall be subject to arbitration in English under the rules governing commercial arbitration as promulgated by the American Arbitration Association and arbitrability shall be subject to the Federal Arbitration Act. 20. Miscellaneous: a. This Agreement is binding upon and will inure to the benefit of Client and Consultant and their respective successors and assigns.Neither party may assign its rights or obligations hereunder without the prior written consent of the other ply. b. Any notice required or permitted by this Agreement to be given shall be deemed to have been duly given if in writing and delivered personally or five (5) days after mailing by first-class, registered, or certified mail, return receipt requested, postage prepaid and addressed as follows: Client: City of Beaumont, Texas Attention: Kyle Hayes City Manager Address: 801 Main Street Beaumont, Texas 77701 With a copy to: Attention: Tom Warner Public Works Director Address: 801 Main Street Beaumont, Texas 77701 Consultant: Beck Disaster Recovery, Inc. Attention: Jonathan Burgiel, Chief Executive Officer Address: 1000 Legion Place, Suite 1100 Orlando, FL 32801 With a copy to: Ron Leaders (which will not be considered notice) Buckley&Leaders P.O. Box 775 9330 SW 216th St. Vashon, WA 98070 Client# /Agreement# R.W.Beck PSA 4 of 9 PROFESSIONAL SERVICES AGREEMENT c. Client expressly agrees that all provisions of the Agreement, including the clause limiting the liability of Consultant, were mutually negotiated and that but for the inclusion of the limitation of liability clause in the Agreement, Consultant's compensation for services would otherwise be greater and/or Consultant would not have entered into the Agreement. d. If any provision of this Agreement is invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect and the provision declared invalid or unenforceable shall continue as to other circumstances. e. This Agreement shall be governed by, and construed in accordance with, the laws of the State of Texas. f. In any action to enforce or interpret this Agreement, the prevailing party shall be entitled to recover, as part of its judgment, reasonable attorneys' fees and costs from the other party. g. This Agreement shall not be construed against Consultant only on the basis that Consultant drafted the Agreement. h. Notwithstanding any statute to the contrary, the Parties agree that any action to enforce or interpret this Agreement shall be initiated within two (2) years from the time the party knew or should have known of the fact giving rise to its action, and shall not in any case be initiated later than six (6) years after Consultant completes its Scope of Services under this Agreement. i. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original instrument, but all of which taken together shall constitute one instrument. IN WITNESS WHEREOF,the Parties have signed this Agreement the date first written above. City of Beaumont,Texas Signature Signature Name Name Title Title Date Date Beck Disaster Recovery, Inc. Signature Signature Client# /Agreement# R.W.Beck PSA 5 of 9 PROFESSIONAL SERVICES AGREEMENT Name Name Title Title Date Date Client# /Agreement# R W.Beck PSA 6 of 9 EXHIBIT SCOPE OF SERVICES The Consultant shall assist the City specifically with debris management services to include, but not limited to,the following items. O Assist in the review of a citywide debris management plan. O Provide training of select City staff in essential debris management and collection functions to insure appropriate and responsive interface with field debris collection contractors and City, state, and federal agencies. C3 Provide field inspectors at designated check points to check and verify information on debris removal and at Temporary Debris Storage Reduction Site(TDSRS)located throughout the City. The Consultant will provide assistance with the scheduling, dispatching and logistical operations of the field inspectors assigned to work areas for storm debris cleanup.This will include: O Setting up the schedule for inspectors each day. O Monitoring and recording the volumetric measurement (cy) of each truck that is added into service; this shall be the physical measurement of the truck bed-verified by a City employee. • Keeping a record of contract haulers' trucks: cubic yardage,time in and out,number of loads/day, and other data as requested by designated City personnel. • Determining truck assignments. • Coordinating with City personnel to respond to problems in the field. O Conducting "end-of day" duties, such as verifying all trucks have left the disposal site, locking down of the facility. O Surveying the area for special needs: identifying tree stumps, hazard trees, C&D debris, potential problems-a location list should be kept of these areas. O Recording on a provided map the streets where debris was collected. O Performing other duties as directed by dispatch/staging operation or designated City personnel. O Data entry of load tickets O Review and approve hauler invoices on behalf of the City O Assistance in waterway clean-up, right-of-entry (ROE) approvals and debris removal, beach screening and remediation(as needed) • Assist in the development and submission of all project worksheet for FEMA reimbursement • Assistance in obtaining FEMA reimbursement on Categories A through G The Consultant will collect baseline data per local, state and federal requirements from the designated emergency debris management sites prior to opening of the sites. The Consultant will also assist the City in obtaining necessary local, state and federal permits for the designated emergency debris management Sites. Client# /Agreement# R.W.Beck PSA 7 of 9 EXHIBIT B HOURLY LABOR RATES Consultant's labor rates for disaster monitoring services requested by the Client are provided below. Expenses associated with travel, per diem, lodging, and mileage will be invoiced at the federal published reimbursement rate at the time the expenses are incurred and will be billed to the Client, at cost, without mark-up. All other project related costs (e.g., cell phone usage, office supplies, copying, etc.) are included in the labor rates below. Schedule of Hourly Labor Rates* Title/Role Hourly rate Project Manager/Principal-in-Charge $125.00 Deputy Project Manager $120.00 FEMA Coordinator 110.00 Field Su ervisorl0 erations Manager $80.00 Scheduling/Routing Scheduling/Routng Managers $75.00 GIS Operator $75.00 Disposal Site Monitor $55.00 Collection Monitor $45.00 Citizen Drop-off Site Monitor 45.00 Billing/Invoicing/Data Manager $75.00 Load Ticket Data Entry Clerk $40.00 Administrative/Clerical $35.00 * Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S.Consumer Price Index. To the extent that City requests Beck Disaster Recovery's assistance for services other than debris management services such as pre-event disaster/emergency management planning (including, but not limited to development of a disaster debris response plans, debris contractor procurements, emergency operating and preparedness planning, hazard mitigation planning, Emergency Management Accreditation Program (EMAP), Continuity of Operations Planning (COOP),mitigation grant writing and project management) or other post-event recovery services not listed above including, but not limited to, infrastructure damage assessment and restoration, housing/building/utility/transportation system inspections, engineering, contract procurements and construction management, hazard mitigation grant writing, etc., the following hourly billing rates would apply. Schedule of Hourly Labor Rates for Consulting Services* Personnel Classification Hourly Billing Rate Prnci al-in-Char a $180 Project Manager $160 Principal Engineer/Scientist $175 Procurement Specialist $150 Principal Analyst $145 Senior Planner $135 Construction Manager $140 Senior Analyst $125 Client# /Agreement# R W.Beck PSA 8 of 9 PROFESSIONAL SERVICES AGREEMENT Senior Engineer/Scientist $130 Resident Engineer $125 Engineer/Scientist $110 Analyst $100 Assistant Engineer $90 Construction Administrator $95 Assistant Analyst $85 Specialty Inspector $85 Analytical Aide $70 Inspector $75 Surveyor $65 Security $65 Administrative $55 Fla er $48 * Rates are subject to annual adjustments on the anniversary date of the contract in accordance with the U.S.Consumer Price Index.Project-related expenses will be invoiced art cost. Client# /Agreement# R.W.Beck PSA 9 of 9