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Home My WebLink AboutRES 23-033RESOLUTION NO. 23-033 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: WHEREAS, on January 10, 2023, by Resolution 23-018, City Council awarded a contract to To-Mex Construction, LLC, of Houston, Texas, in the amount of $316,989.90, to complete the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A; and, WHEREAS, as a requirement by Union Pacific Railroad, to proceed with the emergency repair, an approved company from their vendor list must be onsite for observation and flagging during construction; and, WHEREAS, Union Pacific has approved RailPros Field Services, Inc., of Irving, Texas, for the monitoring and flagging services required by Union Pacific Railroad for the emergency repair of a sewer cavity under the Union Pacific Railroad at West Florida Avenue and Avenue A, in the amount of $150,000.00 for forty-five (45) calendar days. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Manager be and he is hereby authorized to execute an agreement with RailPros Field Services, Inc., of Irving, Texas, in the amount of $150,000.00, for the purposes described herein. 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 24th day of January, 2023. '9 �l - Mayor Robin Mouton - 9ZEEN John Pippins Ill, EIT City of Beaumont 409-785-4702 john.pippins@b,eaumontte,xas.gov Subject: Quote for Contractor in Charge Services Dear John Pippins 111, EIT, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance -of -Way, and On -track safety. All our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8-hour on -site workday, mobilization, and Per Diem costs. Our services are billed for the Contractor in Charge's (CIC's) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC's 8 hours will be charged at an hourly overtime rate. In the event of cancellation, if RailPros Management is given less than 24 hours' notice, it is considered a billable day. Cancellations must be made in writing to UP. Info, @Rail Pros.com. This quote is based on RailPros standard labor rates and does not take into any account prevailing wage requirements. If prevailing wages are applicable for this project, RailPros will re -quote based on the prevailing wage requirements. Invoices, are submitted u�pon, completion of the job or at month ' 's end. Oni-going jobs are billed on a monthly basis. Payments of invoices are due upon, receipt. Invoices are subjoect to a 1.5% fee for every 30 days the payment is delinquent. Please contact I RailProis at 877-315-0513 or UP.Infol@railpros.cim for more information. The quoted rates are valid for 30 days and is sul igct to the Services -reemuent SA RailPros (SOW) Scopa of Work ' RailPros agrees to provide flagging and other staff support services to client or its, contractors (the "Services"') at the dates, locations and times requested by client. The Services will be provided pursuant to the terms and conditions in the Agreement. RailPros will require employees and any subcontractors and agents involved in the providing such Services to comply with, the applicable terms of this Agreement in providing such Services. RailPros warrants that (i) Services will be provided in, a workmanlike manner, (ii) RailPros Personnel will have the requisite experience, skills, knowledge, training and education to perform Services in a professional manner and in accordance with this Agreement. The Services will be provided in compliance with all governmental laws, regulations, and rules, and in accordance with Maintenance of Way and Signal Department On - Track -Safety Roadway Worker Rules and the Company's Operating Rules, A Scope of Services/Service Quote shall be prepared for each site at which the Services are to be performed, and it shall become apart of this Agreement when authorized in writing by each party's authorized representative. The Scope of Services will set forth, at a minimum, the cost, location, dates, times and expected number of personnel required for each job site. EM30M 1320 Greenwa,y Dr. Suite 490 Irving, TX 75038 P: (877) 315 — 0513 Option i I ao wr o s . c ww. rl p I RailPros Field Services, Inc. SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into by and between RailPros Field Services,, Inc. ("Rai[Pros") and the entity or individual ("Customer") described in the Scope of Work/Customer Information Request. The SOW is expressly incorporated herein by reference for all purposes. The SOW also provides RailPros' charges for services requested. This Agreement shall become effective upon the earlier of the Customer's executing this agreement or RailPros' reasonably undertaking to perform services requested by the Customer (the "Effective Date"). WHEREAS Customer desires to retain RailPros to provide certain services described and set forth in further detail in the SOW (the "Services,"); and WHEREAS, RailPros has the capability and capacity to provide the Services and —subject to the terms and conditions set forth herein —is willing to perform such Services; and In consideration of the mutual covenants and agreements, hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Rail Pros and Customer (hereinafter, collectively, the "Parties,," or each, individually, a "Party") agree as follows: 1. RailPros shall provide Services to the Customer: (1) in accordance with the terms of this Agreement; (2) within any parameters, set forth in the SOW; and (3) to the reasonable satisfaction of the Customer. In turn, the Customer shall pay RailPros for its services at the applicable daily rate(s) set forth in the SOW. 2. RailPros, shall periodically provide Customer with invoices that set forth the value of the Services provided to Customer during a defined period of time (collectively, the "Invoices"; individually, an "Invoice"). Invoiced amounts are due and payable within thirty (30) days of the date included on an Invoice, and Customer shall remit payment to RailPros at 1320 Greenway Dr., Suite 490, Irving, Dallas County, TX 75038. In, the event Customer fails to timely remit payment to, RailPros as required in this Section 2, RailPros may elect to immediately cease providing Services to Customer —without providing any advance notice to Customer— until Customer remits payment for all amounts owed by Cu:stomer for Services. Customer expressly agrees and acknowledges that it shall neither assert nor seek to enforce any claim for damages or penalties, arising from RailPros' ceasing performance under this Section 2. RailPros' rightto cease providing Services based on nonpayment and/or untimely payment is independent of any right(s) set forth in, Section 5 of this Agreement. 3. In the event that Customer contests any charge(s) included on an Invoice and/or asserts that any Services described in an Invoice were deficient, Customer shall submit a written complaint to RailPros (a "Complaint") within fifteen (15) business days of its receipt of the challenged Invoice. A Complaint must set forth (in detail): (1) the Services and/or Invoice entries that Customer is contesting; (2) the basis for Customer's Complaint; and (3) Customer's desired solution. Failure to, timely submit a Complaint shall constitute a waiver of any grievances related to the subject Invoice and shall further be construed as an unequivocal agreement to pay all amounts described therein. 4. Customer may terminate this Contract, in whole or in part, at any time without cause, and without liability except for required payment for services rendered by providing at least twenty-four (24) hours written notice to RailPros. Failure to provide timely notice under this provision shall obligate Customer to pay Rail'Pros, for one (1) additional days' worth of Services at the, applicable daily rate(s) set forth in the SOW. 5. RailPros may terminate this Agreement without liability, effective upon providing notice to Customer, if Customer: (1) materially breaches a provision of this Contract and fails to cure its breach within fifteen (15) days after receipt of written (320 Greenway Dr., Suite 490 Irving, TX 75038 IP: (877) 315 — 0513 Option I www. rai I pros, com notice of its breach, or (2) becomes insolvent or admits and/or demonstrates its inability or unwillingness to pay its debts as they become due. 6. This Agreement shall commence as of the Effective Date and shall continue thereafter until the Services described in the SOW are completed or the Contract is terminated. 7. This Agreement benefits, solely the Parties hereto and their respective successors and permitted assigns. Nothing in this i Agreement, express, or implied, confers on any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason,, of this Agreement. 8. This Agreement may not be altered, amended, modified, or otherwise changed, except by a writing duly executed by theParties hereto. 9. This Agreement constitutes the final and entire agreement between the Parties, and this Agreement supersedes all prior understandings and agreements, if any, among or between the Parties. 10. The failure of any Party to enforce at any, time any provision, of this Agreement shall not be construed to, be a waiver of such provision, nor in any way affect the validity of this Contract or any part thereof or the right of any person thereafter to enforce each provision. No waiver of any breach of this Agreement shall be, held to constitute a waiver of any other breach. 11. This Agreement shall be interpreted and construed under the laws of the State of Texas, and venue for all suits arising out of or relating to this Contract shall be brought exclusively in, a Texas state district or county court sitting in Jefferson County, Texas. 12. All invoices, requests, communications, and notices required to be sent to Customer shall be delivered to the addresses), and/or email address(es) set forth in the SOW. All Complaints, requests, communications, and notices required to be sent to RailPros shall be sent to, RailPros at 1320 Greenway Dr.,, Suite 490, Irving, Dallas County, TX 75038, Attention: Daniel Carter. Anynotice of termination and/or cancelation shall be sent to RailPros at Daniel.Ca,rte,r@ Rai I Pros.,com. 13. Neither of the Parties shall be liable for any delays or failures in performance due to acts of God, strikes, lockouts, labor restrictions by governmental authority, civil riots, war and acts of terrorism. 14. In the event of any subsequent litigation involving the interpretation or enforcement of this Contract, the prevailing Party shall recover against the non -prevailing Party all its, costs and reasonable attorneys' fees incurred in connection with the lawsuit. 15. In connection with RailPros' providing the Services, RailPros agrees to obtain the following insurance policies: (1) a Commercial General Liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate (the "CGL Policy" and (2) a Commercial Automobile Liability policy with limits of not less than $1,000,,000 (collectively, the "Policies"). The Policies shall include Customer as additional insureds (collectively, the "Additional Insureds"). Coverage for the Additional Insureds shall be primary and non-contributory to any other insurance maintained by Customer. Coverage for Additional Insureds under the CGL Policy shall be set forth via an ISO endorsement form CC 20 26, 07 04 (or equivalent endorsement):, unless otherwise limited by applicable law. The Policies shall include a Waiver of Subrogation in favor of Customer. RaIlPros, agrees to provide Customer with Certificate(s), of Insurance that verify the foregoling. In addition, RailPros agrees to maintain Workers' Compensation insurance (the "WC Policy") with limits established by statue in the state where the Services will be provided. All RailPros employees providing Services shall be covered under the WC Policy, including employees who are sole proprietors, members, or partners, whether or not required by applicable law. The WC Policy shall also include a Waiver of Subrogation in favor of Customer. 16. RailPros and Customer each agree to indemnify, defend, and hold the other harmless from any third- party claims, costs, liabilities, judgments, expenses, or damages (including reasonable attorneys" fees and other costs of suit) alleged to arise from the indemnifying party's sole negligence in performing their respective obligations under this Agreement. Initial - 1320 Greenway Dr. Suite 490 Irving, TX 75038i P: (877) 315 — 0513 Option 1 www.raiIpros.com Thank you, By my signature, I acknowledge that I have read, understand, and agree to the terms in: the quote and service agreement i Rail'Pros 100 zo, "o- RAILPROS Client Company Representative (Print Name/Sign) Project Manager (877) 315-0513 Olption 1 Title Date If you have any questions, regarding this quote and/or service agreement, or would like further information, please feel free to contact RailPros. Rai/Pros offers a full suite of righ t of way services including permitting, utility inspections, railro ad engineering services and customizable training. To, learn more, visit www.,railpros.com 1320 Greenway Dr. Suite 490 Irving, TX 75038 PI: (877) 315 — 0513 Option 1 www.raiIpros.com 9ZEEN John Pippins Ill, EIT City of Beaumont 409-785-4702 john.pippins@b,eaumontte,xas.gov Subject: Quote for Contractor in Charge Services Dear John Pippins 111, EIT, Thank you for contacting RailPros to provide a qualified Contractor in Charge. RailPros provides associates with extensive railroad experience, all qualified in GCOR, Maintenance -of -Way, and On -track safety. All our Contractors in Charge are dedicated to safety on the jobsite and have an acute understanding of railroad rules. RailPros charges a daily rate which includes an 8-hour on -site workday, mobilization, and Per Diem costs. Our services are billed for the Contractor in Charge's (CIC's) time on site, to include any time setting up and taking down track protection, if applicable. Any time beyond the CIC's 8 hours will be charged at an hourly overtime rate. In the event of cancellation, if RailPros Management is given less than 24 hours' notice, it is considered a billable day. Cancellations must be made in writing to UP. Info, @Rail Pros.com. This quote is based on RailPros standard labor rates and does not take into any account prevailing wage requirements. If prevailing wages are applicable for this project, RailPros will re -quote based on the prevailing wage requirements. Invoices, are submitted u�pon, completion of the job or at month ' 's end. Oni-going jobs are billed on a monthly basis. Payments of invoices are due upon, receipt. Invoices are subjoect to a 1.5% fee for every 30 days the payment is delinquent. Please contact I RailProis at 877-315-0513 or UP.Infol@railpros.cim for more information. The quoted rates are valid for 30 days and is sul igct to the Services -reemuent SA RailPros (SOW) Scopa of Work ' RailPros agrees to provide flagging and other staff support services to client or its, contractors (the "Services"') at the dates, locations and times requested by client. The Services will be provided pursuant to the terms and conditions in the Agreement. RailPros will require employees and any subcontractors and agents involved in the providing such Services to comply with, the applicable terms of this Agreement in providing such Services. RailPros warrants that (i) Services will be provided in, a workmanlike manner, (ii) RailPros Personnel will have the requisite experience, skills, knowledge, training and education to perform Services in a professional manner and in accordance with this Agreement. The Services will be provided in compliance with all governmental laws, regulations, and rules, and in accordance with Maintenance of Way and Signal Department On - Track -Safety Roadway Worker Rules and the Company's Operating Rules, A Scope of Services/Service Quote shall be prepared for each site at which the Services are to be performed, and it shall become apart of this Agreement when authorized in writing by each party's authorized representative. The Scope of Services will set forth, at a minimum, the cost, location, dates, times and expected number of personnel required for each job site. EM30M 1320 Greenwa,y Dr. Suite 490 Irving, TX 75038 P: (877) 315 — 0513 Option i I ao wr o s . c ww. rl p I RailPros Field Services, Inc. SERVICES AGREEMENT This Services Agreement ("Agreement") is entered into by and between RailPros Field Services,, Inc. ("Rai[Pros") and the entity or individual ("Customer") described in the Scope of Work/Customer Information Request. The SOW is expressly incorporated herein by reference for all purposes. The SOW also provides RailPros' charges for services requested. This Agreement shall become effective upon the earlier of the Customer's executing this agreement or RailPros' reasonably undertaking to perform services requested by the Customer (the "Effective Date"). WHEREAS Customer desires to retain RailPros to provide certain services described and set forth in further detail in the SOW (the "Services,"); and WHEREAS, RailPros has the capability and capacity to provide the Services and —subject to the terms and conditions set forth herein —is willing to perform such Services; and In consideration of the mutual covenants and agreements, hereinafter set forth and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Rail Pros and Customer (hereinafter, collectively, the "Parties,," or each, individually, a "Party") agree as follows: 1. RailPros shall provide Services to the Customer: (1) in accordance with the terms of this Agreement; (2) within any parameters, set forth in the SOW; and (3) to the reasonable satisfaction of the Customer. In turn, the Customer shall pay RailPros for its services at the applicable daily rate(s) set forth in the SOW. 2. RailPros, shall periodically provide Customer with invoices that set forth the value of the Services provided to Customer during a defined period of time (collectively, the "Invoices"; individually, an "Invoice"). Invoiced amounts are due and payable within thirty (30) days of the date included on an Invoice, and Customer shall remit payment to RailPros at 1320 Greenway Dr., Suite 490, Irving, Dallas County, TX 75038. In, the event Customer fails to timely remit payment to, RailPros as required in this Section 2, RailPros may elect to immediately cease providing Services to Customer —without providing any advance notice to Customer— until Customer remits payment for all amounts owed by Cu:stomer for Services. Customer expressly agrees and acknowledges that it shall neither assert nor seek to enforce any claim for damages or penalties, arising from RailPros' ceasing performance under this Section 2. RailPros' rightto cease providing Services based on nonpayment and/or untimely payment is independent of any right(s) set forth in, Section 5 of this Agreement. 3. In the event that Customer contests any charge(s) included on an Invoice and/or asserts that any Services described in an Invoice were deficient, Customer shall submit a written complaint to RailPros (a "Complaint") within fifteen (15) business days of its receipt of the challenged Invoice. A Complaint must set forth (in detail): (1) the Services and/or Invoice entries that Customer is contesting; (2) the basis for Customer's Complaint; and (3) Customer's desired solution. Failure to, timely submit a Complaint shall constitute a waiver of any grievances related to the subject Invoice and shall further be construed as an unequivocal agreement to pay all amounts described therein. 4. Customer may terminate this Contract, in whole or in part, at any time without cause, and without liability except for required payment for services rendered by providing at least twenty-four (24) hours written notice to RailPros. Failure to provide timely notice under this provision shall obligate Customer to pay Rail'Pros, for one (1) additional days' worth of Services at the, applicable daily rate(s) set forth in the SOW. 5. RailPros may terminate this Agreement without liability, effective upon providing notice to Customer, if Customer: (1) materially breaches a provision of this Contract and fails to cure its breach within fifteen (15) days after receipt of written (320 Greenway Dr., Suite 490 Irving, TX 75038 IP: (877) 315 — 0513 Option I www. rai I pros, com notice of its breach, or (2) becomes insolvent or admits and/or demonstrates its inability or unwillingness to pay its debts as they become due. 6. This Agreement shall commence as of the Effective Date and shall continue thereafter until the Services described in the SOW are completed or the Contract is terminated. 7. This Agreement benefits, solely the Parties hereto and their respective successors and permitted assigns. Nothing in this i Agreement, express, or implied, confers on any third party any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason,, of this Agreement. 8. This Agreement may not be altered, amended, modified, or otherwise changed, except by a writing duly executed by theParties hereto. 9. This Agreement constitutes the final and entire agreement between the Parties, and this Agreement supersedes all prior understandings and agreements, if any, among or between the Parties. 10. The failure of any Party to enforce at any, time any provision, of this Agreement shall not be construed to, be a waiver of such provision, nor in any way affect the validity of this Contract or any part thereof or the right of any person thereafter to enforce each provision. No waiver of any breach of this Agreement shall be, held to constitute a waiver of any other breach. 11. This Agreement shall be interpreted and construed under the laws of the State of Texas, and venue for all suits arising out of or relating to this Contract shall be brought exclusively in, a Texas state district or county court sitting in Jefferson County, Texas. 12. All invoices, requests, communications, and notices required to be sent to Customer shall be delivered to the addresses), and/or email address(es) set forth in the SOW. All Complaints, requests, communications, and notices required to be sent to RailPros shall be sent to, RailPros at 1320 Greenway Dr.,, Suite 490, Irving, Dallas County, TX 75038, Attention: Daniel Carter. Anynotice of termination and/or cancelation shall be sent to RailPros at Daniel.Ca,rte,r@ Rai I Pros.,com. 13. Neither of the Parties shall be liable for any delays or failures in performance due to acts of God, strikes, lockouts, labor restrictions by governmental authority, civil riots, war and acts of terrorism. 14. In the event of any subsequent litigation involving the interpretation or enforcement of this Contract, the prevailing Party shall recover against the non -prevailing Party all its, costs and reasonable attorneys' fees incurred in connection with the lawsuit. 15. In connection with RailPros' providing the Services, RailPros agrees to obtain the following insurance policies: (1) a Commercial General Liability policy with limits of not less than $1,000,000 per occurrence and $2,000,000 general aggregate (the "CGL Policy" and (2) a Commercial Automobile Liability policy with limits of not less than $1,000,,000 (collectively, the "Policies"). The Policies shall include Customer as additional insureds (collectively, the "Additional Insureds"). Coverage for the Additional Insureds shall be primary and non-contributory to any other insurance maintained by Customer. Coverage for Additional Insureds under the CGL Policy shall be set forth via an ISO endorsement form CC 20 26, 07 04 (or equivalent endorsement):, unless otherwise limited by applicable law. The Policies shall include a Waiver of Subrogation in favor of Customer. RaIlPros, agrees to provide Customer with Certificate(s), of Insurance that verify the foregoling. In addition, RailPros agrees to maintain Workers' Compensation insurance (the "WC Policy") with limits established by statue in the state where the Services will be provided. All RailPros employees providing Services shall be covered under the WC Policy, including employees who are sole proprietors, members, or partners, whether or not required by applicable law. The WC Policy shall also include a Waiver of Subrogation in favor of Customer. 16. RailPros and Customer each agree to indemnify, defend, and hold the other harmless from any third- party claims, costs, liabilities, judgments, expenses, or damages (including reasonable attorneys" fees and other costs of suit) alleged to arise from the indemnifying party's sole negligence in performing their respective obligations under this Agreement. Initial - 1320 Greenway Dr. Suite 490 Irving, TX 75038i P: (877) 315 — 0513 Option 1 www.raiIpros.com Thank you, By my signature, I acknowledge that I have read, understand, and agree to the terms in: the quote and service agreement i Rail'Pros 100 zo, "o- RAILPROS Client Company Representative (Print Name/Sign) Project Manager (877) 315-0513 Olption 1 Title Date If you have any questions, regarding this quote and/or service agreement, or would like further information, please feel free to contact RailPros. Rai/Pros offers a full suite of righ t of way services including permitting, utility inspections, railro ad engineering services and customizable training. To, learn more, visit www.,railpros.com 1320 Greenway Dr. Suite 490 Irving, TX 75038 PI: (877) 315 — 0513 Option 1 www.raiIpros.com