HomeMy WebLinkAboutRES 11-327 RESOLUTION NO. 11-327
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Council hereby approves the award of a Consultant Services Agreement
to IMS Infrastructure Management Services, LLC (IMS), of Tempe, Arizona, in the
estimated amount of $425,000 for pavement management and signal/sign asset data
collection; and,
BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby
authorized to execute a Consultant Services Agreement with IMS Infrastructure
Management Services, LLC (IMS), of Tempe, Arizona, for the purposes described herein.
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 Beaumont this the 22nd day of
November, 2011.
C
144ayor Becky Ames -
CONSULTANT SERVICES AGREEMENT
This AGREEMENT,effective this day of 20_is by and between:
City of Beaumont
801 Main St.
Beaumont,TX 77701
Hereinafter called CLIENT,and
IMS Infrastructure Management Services,LLC.
1820 W. Drake Drive, Suite 108
Tempe,AZ 85283
Hereinafter called CONSULTANT,who agree as follows:
PART I-RECITALS
CLIENT desires to engage CONSULTANT to provide professional consulting services to complete a
comprehensive pavement condition and right of way asset survey for the City of
Beaumont, TX as described in Section 11—Scope of Services, and to render its services in the terms
and conditions provided in this agreement.
Both CLIENT and CONSULTANT agree that execution of this AGREEMENT is a material element of the
consideration to execute the Services.Additional terms and conditions may be added or changed only by
written amendment to this AGREEMENT signed by both parties.In the event CLIENT uses a purchase
order or other form of documentation to administer this AGREEMENT, the use of such form shall be
for convenience purposes only and any additional or conflicting terms it contains are stricken. This
AGREEMENT shall not be assigned by either party without prior written consent of the other party.
In consideration of the rights and obligations hereinafter specified,CLIENT and CONSULTANT agree as
follows:
PART II-SCOPE OF SERVICES
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.
PART III-COMPENSATION
CLIENT shall pay compensation to CONSULTANT for the Services performed under this agreement
according to the fee schedule, or unit rate table, presented in Attachment A-.Scope of Services.
CONSULTANT may invoice CLIENT at least monthly and payment is governed by Chapter 2251 of the
Texas Government Code, unless governed by a different Texas state law or federal law. Likewise, all
1A1ShJ•asnucture Management Senrorces City ofBeaunwnt Contract Page 1
EXHIBIT"A"
claims for interest on outstanding balances,early pay discounts and attorney's fees on disputes relative
to payments are governed by the foregoing noted statutory provisions. 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. CLIENT shall
notify CONSULTANT in writing, at the address above, if CLIENT objects to any portion of the charges
on the invoice,and shall promptly pay the undisputed portion.
PART IV—PROVISIONS
1. PERIOD OF SERVICE-Work shall be initiated upon written Notice to Proceed from CLIENT and
execution of this agreement.The contract shall remain in force until the project is completed and notffication of
completion is submitted by CONSULTANT to CLIENT or for 2 calendar years from the execution date of this
agreement—whichever comes first.
2. WARRANTY—CONSULTANT warrants to CLIENT that it will perform 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.
3. INDEMNIFICATION—CONSULTANT shall defend,indemnify,and hold harmless CLIENT,their
agents,officers,members and employees,from and against legal liability for all claims,losses,damages,
and expenses to the extent such claims,losses,damages,or expenses are caused by CONSULTANT's
negligent acts, errors,or omissions.
4. INSURANCE-CONSULTANT represents that it now carries,and will continue to carry the following
minimum insurance applicable to the project. The City of Beaumont shall be named as additional insured on
Commercial General Liability and Automobile Liability policies for events arising in whole or in part under this
agreement. All insurance policies shall waive claims for subrogation and contribution.
Type of Insurance Limits Of Liability
Commercial General Liability $1,000,000(per occurrence)
Automobile Liability $1,000,000
Workers Compensation As per applicable state law
5. GOVERNING LAW—The laws of the State of Texas shall govern the interpretation and
enforcement of this contract.Any litigation which arises between the parties shall be initiated and pursued in
State or Federal District Court in Jefferson County,Texas and no other. The work is located in the City of
Beaumont,County of Jefferson. The Consultant shall comply with all ordinances, regulations,and other
lawful requirements of said City and County and of the State, Federal,and other public authorities within their
respective jurisdictions governing the work on public property.
6. SEVERABILITY—Any provision of the AGREEMENT which may be rendered null and void shall not
/MS/nfivarucMr�Managen�cn�.Services Crry ofBea�.nnrnvC:onmact Page 2
I
invalidate the remainder of this AGREEMENT to the extent the AGREEMENT is capable of execution.
7. TERMINATION-Either party may terminate this AGREEMENT or the Services without cause
upon giving the other party thirty (30)calendar days written notice and in accordance with the following
procedure, In such case, CONSULTANT shall be paid for work completed or as a percentage of such
completion.
a. Upon delivery of such notice by either party to the other parry,and upon expiration of the thirty
day period,the Consultant shall discontinue all services in connection with the performance this
Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such
orders or contracts are chargeable to this Agreement. As soon as practicable after receipt of
notice of termination,the Consultant shall submit a statement showing in detail the services
performed under this Agreement to the date of termination. The Client shall then pay the
Consultant promptly that proportion of the prescribed charges which the Consultant actually
performed under this Agreement that is applicable and useable for this Project, less such
payments on account of the charges as have been previously made. Copies of Work prepared
under this agreement shall be delivered to the Client when and if this Agreement is terminated.
b. Failure by the Consultant to comply with the submittal of the statement and documents as
required above shall constitute a waiver by the Client of any and all rights or claims to collect any
monies that the Consultant may rightfully be entitled to for services performed under this
Agreement.
8. CONFIDENTIALITY-CLIENT is limited in its ability to agree to confidentiality provisions pursuant
to the Texas Public Information Act,Texas Government Code§552.001,et seq. Accordingly,the City does
not agree to confidentiality except to the extent allowed by the Texas Public Information Act and,where
applicable,the Federal Freedom of Information Act. If a third party seeks information relative to Vendor,
and not the contract itself, to the extent required by the Texas Public Information Act,the City will notify
Vendor of such request so the Vendor might protect its interests.
9. OWNERSHIP OF DOCUMENTS- Work product and all documents, including the original
drawings,estimates, specifications, analyses,calculations,field notes and data,will remain the property
of the Consultant as instruments of service. However, it is to be understood that the Client shall have free
access to all such information with the right to make and retain copies of drawings and all other
documents including field notes and data. Any re-use without specific written verification or adaptation by
Consultant will be a t Client's sole risk and without liability or legal exposure to the Consultant.
10. SAFETY-Safe practices are to be considered a priority requirement in the performance of this
AGREEMENT. CONSULTANT will comply with the provisions of Federal,State and local health and safety
1US hifrasuvctare Alanagement&,micas 01J,of Beauu:ont Contract Page 3
requirements. Safety shall be the responsibility of the consultant.
11. NON-DISCRIMINATION IN EMPLOYMENT-CONSULTANT agrees and hereby certifies that in
providing the services hereunder,it shall not discriminate against any employee or applicant because of race,
color,religion,age,sex,or national origin.CONSULTANT shall abide by provisions of all applicable
governmental regulations pertaining to non-discrimination.
12. NOTICES- All notices hereunder materially changing this AGREEMENT must be in writing to the
designated CLIENT contact and CONSULTANT project manager.
13. FORCE MAJEURE-Neither CLIENT nor CONSULTANT shall be considered in default in the
performance of its obligations hereunder if such obligations were prevented or delayed by any cause beyond
the reasonable control of the party which include,but are not limited to acts of God,labor disputes or civil
unrest.
14. REJECTING DEFECTIVE/UNSATISFACTORY WORK—The Client shall have authority to
disapprove or reject work which the Client believes to be defective or unsatisfactory whether or not the work
is completed.
15. ADDITIONAL TERMS-None.
PART V—SIGNATURES
The parties have caused this AGREEMENT to be executed in duplicate counterparts,each of which
shall be considered as an original by their duly authorized offices.
CLIENT: CLIENT NAME
By:
Signalise Me
Prinked Name Date
CONSULTANT: IMS INFRASTRUCTURE MANAGEMENT SERVICES,LLC
By:
nature �� 'rile
Pruned Name Date
ANSInfr•asauchec Mauagesrenr Services Cirj,gfBemnnonr Comracr Page 4
ATTACHMENT A — Scope of Services
IMS Infrastructure Managemant Services
City of Beaumont RFP MF0811-45, Pavement 1820 W.Drake Dr.Ste 108 Tempe,AZ 85283
Management and Signal/Sign Data Phone:(480)8394347 Fax:(480)8394348
www.ims-rot.com
September 22,2011
City of Beaumont
801 Main Street, Suite 315
Beaumont, TX,77704
Attention: Ms.Sara Parker,Buyer III
Reference: Best and Final Offer, Pavement Management and Signal/Sign Data
IMS Infrastructure Management Services is pleased to provide the following fee schedule to conduct a
pavement condition and ROW asset inventory for the City of Beaumont,TX.
We are pleased to offer the City all the services as previously outlined in our fee proposal from
September 9, 2011.
The scope of services is outliner!below.
1.0 Project Charter Development:
A) Project Initiation:
• This task will involve initial contract administration, scope review, data and information to be
supplied by the City, as well as deliverable requirements and milestone timelines.
B) Network Referencing:
This task includes the development of the survey routing maps and confirms the linkage of
the road segmentation to the City's GBA database and GIS.
C) Master Asset List and Survey Protocols:
• The development of the Master Asset List and other data collection requirements.
2.0 Field Surveys
D) Mobilization and Calibration:
• Survey crew and RST mobilize to City. Confirm survey requirements with the City and
calibrate on board systems.
1MSlnJrrrrrructureManagementSenlr.¢t ClryojBearnnont Fees 09 22 2011 page 1
City of Beaumont RFP MF0811-46, Pavement '
Management and Signal/Sign Data
E) Pavement Condition and Roughness Field Surveys:
• Laser RST survey on approximately 800 survey miles of City streets. Roads that consist of 4
or more travel lanes or are divided by a median will be surveyed in both directions.
F) Pavement Attribute Field Surveys:
• Shoulder width(3 width categories)
• Ditch Depth Classification(3 severity/depth categories)
• Lip of Gutter/Edge of Pavement Drop Off (asphalt roads only, 3 severity levels)
• Curb Reveal Classification(asphalt roads only, 3 severity levels)
• Average Pavement Width
G) Right of Way GPS&Image Data Collection and Processing
• Collect ROW video using a 3 camera configuration and corresponding GPS to be used for
asset extraction.
• Provide a single camera view of geo-referenced digital images at 25ft intervals for use in the
City's GIS or GBA system.All images will be provided on DVD or external hard drive.
H) Right of Way Asset Database Development
• The following ROW assets will be collected:
Sidewalks Handicap Ramps Drive Pads Curb and Gutter
Traffic Flashers Street Lights Guard Rails Barriers/Ped Fencing
Median Drop Inlets Curb Drop Inlets Signs Signals
• All assets will be collected using the digital video and GPS collected during the pavement
condition survey. The asset inventories will be developed using the proposed IMS approach
which incorporates this data with the use of the City's existing GIS and other available GIS
data sources. As indicated in our proposal, the inventory of the ROW assets and attributes
are subject to the limitations of any vehicle mounted mobile technology.This means that only
assets and attributes that are visible or discernable in the video can be collected. As well,
some attributes may need to be grouped into specific ranges or categories. All assets
attributes will be finalized with the City during the development of the Master Asset List(MAL)
and prior to any extraction effort.
• All assets and attributes will be provided in a personal geo-database,
• Carriageway Width(effective average pavement width)will also be provided.
,rMS Infrastructure Management Services City ojBeuuntont Fees 09 222011 page 2
City of Beaumont RFP MF081146, Pavement
Management and Signal/Sign Data
3.0 Data Management
1) Data Processing and Pavement Data Processing, Formatting&Load to GBA:
• Data reduction, analysis and QA/QC of collected pavement data.
• Load Pavement data into GBA.
J) Asset Data Load to GBA:
• Identify the linkage of fields in the delivered asset geo-database with the GBA database.
• Load up to 10 Asset features into GBA.
K) Functional Class Review:
• Review road Functional Class definitions, assignments and linkage to GIS for all roads in the
network.
L) GBA SuperSegment and Model Development:
• The GBA pavement analysis is best accomplished at the SuperSegment level where the
individual block to block segments are combined into more feasible projects.
SuperSegments can range in size from individual street blocks to several blocks long. In
addition, SuperSegments can be created in the database for entire subdivisions where a
cyclical approach to pavement preservation techniques may be employed. This task will
cover the development of the SuperSegments in the GBA database.
M) 5 Year Pavement Management Plan Analysis and Report:
• Develop a 5 year Maintenance and Rehabilitation program and report.
N) Project Meetings and Travel:
IMS has budgeted for 3 on site project meetings in addition to 2 meetings with the survey
crew(prior to the survey and post survey).
O) Project Management:
• Provide both client and project management activities including ongoing project status
updates, oversight and coordination of project resources, and overall project administration.
IMS lajrasirudure Managenaen(Services Ciip of 8emunaai Fees 09 22 2011 page 3
City of Beaumont RFP MFO811-46, Pavement ;k
Management and Signal/Sign Data
Optional Tasks
The City of Beaumont may wish to consider these value added services based on available budget.
• Asset Shape File and KML Viewing File Development
• IMS DataView Software, Data toad and Configuration
• Structural Testing and Analysis(major asphalt roads
only
FEE SCHEDULE:
The following table represents IMS's proposed fees for the assignment.This includes an additional
$32,700 reduction in fees from our previous fee proposal dated September 9,2011.
The following fees are presented over a 2 fiscal year period. Year 1 ensures that all pavement
management related tasks are completed in the first year of the assignment.As well, in Year 1 all ROW
video and GPS is collected in conjunction with the pavement condition survey allowing for the extraction
of ROW assets in Year 2.
The City has the option of including any of the required ROW Assets into Year 1 at the defined unit rates
in order to maximize available budget in the first fiscal year.As an example our proposed fee schedule
includes in fiscal Year 1 the provision of a Sign inventory.
Again,we have estimated approximately 800 survey test miles to conduct both the pavement and asset
inventories and any reduction in scope to less than 720 survey miles will result in an appropriate
adjustment to the unit rates.
All pricing is exclusive of any City, State or Federal taxes, levies or duties.
I trust that the following fees will suit your implementation and budgetary needs.
Sincerely,
IMS Infrastructure Management Services
Fred Stephenson
Client Services Manager
Tel:(716)777-4800
Fax:(480)839-4348
ttephenson@ims-rst.com
IMS Infrastructure Management Services Ciq of Beaumont Fees 0922 2011 page 4
City of Beaumont RFP MF081146, Pavement
Management and Signal/Sign Data
City of Beaumont
Best and Final Offer for RFP MF0811.46,2 Year Phased Approach
Task Description Quant Units Unit Rate Total
Fiscal Year 1 Pavement Management&ROW VidaotGPS Data Collection
Project Cha rte r Development
1 Project Initiation,Scope Definition and Budget ConSrmation 1 LS 6,000.00 $6,000
2 Network Referencing,GIS Linkage and Map Development 800 T-MI 7.00 $5,800
3 Master Asset List and Survey Protocols Review&Confirmation 1 LS 1,300.00 $1,300
Field Surveys
4 Mobilization&Calibration 1 LS 3,300.00 $3,300
5 Pavement Condition and Roughness Field Surreys 800 T-Ml 93.00 $74,400
6 Pavement Attribute Field Surreys 800 T-MI 18.50 $14,800
Shoulder Width Classification (asphalt roads only,3 Wdth categories)
Ditch Depth Classification(3 severity levels)
Lip of Gutter/Edge of Pavement Drop Off (asphalt roads only,3 severity levels)
Curb Reveal Classification(asphalt roads only,3 sevmity levels)
Carriageway Width(effective average pavement Wdth) am T MI 9.25 $7,400
Data Management
7 Right of Way GPS&Image Data Collection and Processing 800 T-MI 18.50 $14,800
8 Pavement Data Processing,Formatting&Load to GBAMS 800 T-MI 11.50 $9,200
9 SuperSegementation and GBA Model Development 800 LS 7.50 $6,000
10 Five Year Pavement Management Plan Analysis&Report 1 LS 7,500.00 $7,500
11 Project Meetings and Travel 2 EA 2,400.00 $4.800
12 Project Management 1 LS 9,300.00 $9,300
13 Network Functional Classification Review 1 LS 2,300.00 $2,300
14 Right of Way Asset Database Development
Signs
Sign Database Development 800 T MI 84.00 $87,200
15 Asset Data Load into GBAMS 1 EA 1,100.00 $1,100
Fiscal Year 1 Total: $235,000
Fiscal Year 2•Signals&ROW Assets
1 Signals and ROW Assets
Signals and Flashers Database Development 800 T-MI 11.75 $9,400
Sidewalks Database Development(includes no vvalk present) 800 T-MI 38.75 $31,000
ADA Ramps Database Development 800 T-MI 35.00 $28,000
Drive Pads Database Development(commercial and residential) 800 T-MI 32.50 $26,000
Curb&Gutter Database Devokpment 800 T-MI 27.00 $21,600
Stmt Lights Database Development Wo T-Ml 27.00 $21,800
Guard Rail and Barrier Database Development 800 T-Mt 11,50 $9,200
Median Drop Inlets Database Development 800 T-MI 11.50 $9,200
Curb Omp Inlets Database Development 800 T-MI 15.50 $12,400
2 Asset Data Load into GRAMS 9 EA 1,100.00 $9,900
3 Project Meetings and Travel 1 EA 2,400.00 $2,400
4 Project Management 1 LS 9,300.00 $9,300
Fiscal Year 2 Total: $190,000
Overall Pro ect Total: $426,000
Optional Task Activities for Beaumont Consideration
A Asset Shape File and KML Viewing File Development 10 EA $1,000 $10.000
B IMS DataView Software,Data Load and Configuration 1 LS $7,500 $7,500
C Structural Testing and Analysis(major asphalt roads only) 135 T-MI $175 $23,625
IMS Infrastructure Management Services Cify of Beaumont Fees 09 22 2011 page 5