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HomeMy WebLinkAboutCLP/HNTB Coporation-services with FEMA (RSDE) inspections & other assessments "- 15 REQUEST FOR CITY COUNCIL AGENDA ITEM r Agenda Date Requested: November 10. 2008 Bud!!et Requested By: Ron Bottoms Source of Funds: 001 Department: Administration Account Number: 001-6054-510-4070 Report: X Resolution: Ordinance: Amount Budgeted: Master Agreement Amount Requested: $180,000 Exhibits: Exhibits: Exhibit A - RSDE Scope Budgeted Item: YES NO Exhibits T:ilIlk Orden SUMMARY & RECOMMENDATION After the damages left by Hurricane Ike, the City entered into an agreement with HNTB Corporation to provide services associated with FEMA Residential Substantial Damage Estimator (RSDE) inspections and other assessments. It was estimated that HNTB Corporation would assess 450 residential homes in the City of La Porte at $320.28 per home. The work was performed in phases and in the end 401 RSDE reports were completed by HNTB. Additional cost to the project was oversight and management of field personnel, acquiring construction cost estimates and evaluations from appraisal district values and direct expenses to HNTB. Weare seeking reimbursement from FEMA for this expenditure. Action Required bv Council: payment to HNTB Corporation for Residential Substantial Damage Estimate d safety inspections and other assessments in the amount of $180,000. It h h8 Dale I MASTER AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into between City of La Porte (Owner) and HNTB Corporation (HNTB), for the following reasons: 1. Owner intends to provide services associated with FEMA Residential Substantial Damage Estimator (RSDE) inspections and other infrastructure assessments, analysis, planning, design, and construction management services (the Project); and, 2. Owner requires certain professional engineering and assessment services in connection with the Project (the Services); and, 3. ~NTB is prepared to provide the Services. In consideration of the promises contained in this Agreement, Owner and HNTB agree as follows: ARTICLE 1 - EFFECTIVE DATE recover invoice amounts. The effective date of this Agreement shall be September 25, 2008. ARTICLE 6 - OWNER'S RESPONSIBILITIES ARTICLE 2 - TASK ORDERS A. Owner shall be responsible for all matters described in Task Orders shall be used to describe the parties' mutual Section 0 (Owner's Responsibilities), of each Task Order. In agreement on the scope of the Services, schedule, addition, Owner shall perform and provide the following in a compensation and other particulars as stated therein. Task timely manner so as not to delay the Services of HNTB: Orders shall be in the general form shown in attached Exhibit "A". Task Orders are binding only after acceptance and (1) execution by duly authorized representatives of both parties. Each Task Order shall govern the parties' rights and obligations with respect to each assignment, but all within the framework of this Agreement. Place at HNTB's disposal all available information pertinent to the Project, including previous reports, drawings, specifications or any other data as may be reasonably required by HNTB to perform its Services. B. HNTB shall periodically invoice Owner for Services rendered. Invoices shall be due and payable upon receipt. Owner shall give prompt written notice of any disputed amount and shall pay the remaining amount. Invoice amounts not paid within 30 days after receipt shall accrue interest at the rate of 1.5% per month (or the maximum rate permitted by law, if less), with payments applied first to accrued interest and then to unpaid principal. Owner shall pay HNTB's reasonable attorneys' fees incurred in connection with any litigation instituted to recover invoice (2) Give prompt written notice to HNTB whenever Owner ARTICLE 3 _ SCOPE OF SERVICES becomes aware of any development that affects the scope HNTB shall provide the Services described in Section A or timing of HNTB's Services, or any defect in the Services (Scope of Services) of each Task Order. (3) ~~~i~;~'NTB of the identity and scope of services of any ARTICLE 4 - SCHEDULE independent consultants retained by Owner to provide HNTB shall exercise its reasonable efforts to perform those services in regard to the Project. Services within the time frame set forth in Section B B. Owner hereby represents that it owns the intellectual (Schedule) of each Task Order. property rights in any plans, documents or other materials ARTICLE 5 - COMPENSATION provided by Owner to HNTB. If Owner does not own the A. Owner shall pay HNTB in accordance with Section C intellectual property rights in such plans, documents or other (Compensation) of each Task Order. Notwithstanding materials, prior to providing same to HNTB, Owner shall anything to the contrary in this Agreement or any Task obtain a license or right to use, including the right to Order, should the Services under this Agreement include sublicense to HNTB. Owner hereby grants HNTB the right to products or services that are commercially priced by HNTB, use the intellectual property associated with plans, such amounts shall be invoiced to Owner at the catalog documents or other materials it owns or has the right to use price(s) offered by HNTB and are not subject to audit on the for the limited purpose of performing the Services. Owner basis of costs incurred. represents that HNTB's use of such documents will not infringe upon any third parties' rights and Owner will indemnify and protect HNTB from any infringement claims arising from HNTB's use of any plans, documents or other materials provided to HNTB in the performance of its Services hereunder. ARTICLE 7 - STANDARD OF CARE The same degree of care, skill, and diligence shall be exercised in the performance of the Services as is ordinarily possessed and exercised by a member of the same profession, currently practicing, under similar circumstances. No other warranty, express or implied, is included in this 48686Master.doc 1 9/24/2008 or implied, is included in this Agreement or in any Task Order, drawing, specification, report, opinion, or other instrument of service, in any form or media, produced in connection with the Services. and subsidiary entities, directors, officers and employees as additional insureds on their General and Automobile Liability insurance policies, and to indemnify both Owner and HNTB, each to the same extent. ARTICLE 8 -INDEMNIFICATION AND LIABILITY A. Having considered the potential liabilities that may exist C. HNTB and Owner waive all rights against each other and during the performance of the Services, the relative benefits their directors, officers, partners, commissioners, officials, and risks of the Project, and HNTB's fee for the Services, agents, and employees for damages covered by property and in consideration of the promises contained in this insurance during and after the completion of the Services. If Agreement, Owner and HNTB agree to allocate and limit the Services result in any construction related to the Project, such liabilities in accordance with this Article. a similar provision shall be incorporated into all construction contracts entered into by Owner and shall protect Owner and . . HNTB to the same extent. B. HNTB agrees to indemnify and hold the Owner harmless from and against legal liability for all judgments, losses, damages, and expenses to the extent such judgments, losses, damages, or expenses are caused by HNTB's negligent acts, errors, or omissions arising out of its performance of the Services. In the event judgments, losses, damages, or expenses are caused by the joint or concurrent negligence of HNTB and Owner, they shall be borne by each party in proportion to its own negligence. ARTICLE 10 - LIMITATIONS OF RESPONSIBILITY A. HNTB shall not be responsible for (a) construction means, methods, techniques, sequences, procedures, or safety precautions and programs in connection with the Project; (b) the failure of any contractor, subcontractor, vendor, or other Project participant, not under contract to HNTB, to fulfill contractual responsibilities to Owner or to comply with federal, state, or local laws, regulations, and codes; or (c) procuring permits, certificates, and licenses . required for any construction unless such procurement ? :':0 the fullest exte.nt permitted by law, the total aggregate responsibilities are specifically assigned to HNTB in a Task liability of HNTB and Its subconsultants to Owner for all 0 d - -- judgments, losses, damages, and expenses resulting in any r er. way from the performance of the Services shall not exceed the total compensation actually received by HNTB for Task Orders completed under this Agreement. B. In the event the Owner requests HNTB to execute any certificates or other documents, the proposed language of D T th ~ II t t t .tt d b I HNTB hilt b such certificates or documents shall be submitted to HNTB .' 0 e u es ex en perml e .y aw, s a .no . e for review at least 15 days prior to the requested date of liable to Owner for any consequential damages resulting In exec t' n HNTB h II t b . d t t . U 10 . S a no e require 0 execu e any any way from the performance of the Services. rt'fi t d t th t' Id ' HNTB' ce I ca es or ocumen s a In any way wou ,In s sole judgment, (a) increase HNTB's legal or contractual obligations or risks; (b) require knowledge, services or responsibilities beyond the scope of this Agreement; or (c) result in HNTB having to certify, guarantee or warrant the existence of conditions whose existence HNTB cannot ascertain. E. The terms and conditions of this Article shall survive completion of the Services, or any termination of this Agreement. ARTICLE 9 - INSURANCE A. During the term of this Agreement, HNTB shall maintain the following insurance: (1) General Liability Insurance, with a limit of $1 ,000,000 per occurrence and $2,000,000 annual aggregate. ARTICLE 11 - OPINIONS OF COST AND SCHEDULE (2) Automobile Liability Insurance, with a combined single limit of $1 ,000,000 for each person and $1,000,000 for each accident. (3) Workers' Compensation Insurance in accordance with statutory requirements and Employers' Liability Insurance, with a limit of $500,000 for each occurrence. Because HNTB has no control over the cost of labor, materials, or equipment furnished by others, or over the resources provided by others to meet Project schedules, HNTB's opinion of probable costs and of Project schedules, if any, shall be made on the basis of experience and qualifications as a practitioner of its profession. HNTB does not guarantee that proposals, bids, or actual Project costs will not vary from HNTB's cost estimates or that actual schedules will not vary from HNTB's projected schedules. (4) Professional Liability Insurance, with a limit of $1,000,000 per claim and annual aggregate. B. HNTB shall, upon written request, furnish Owner certificates of insurance which shall include a provision that ARTICLE 12 - REUSE OF DOCUMENTS such insurance shall not be canceled without at least thirty All documents, including, but not limited to, plans, drawings, days' written notice to Owner. Owner shall require all Projectand specifications prepared by HNTB as deliverables contractors to include Owner, HNTB, and its parent pursuant tothe Scope of Services are instruments of service company, affiliated and subsidiary entities, directors, officers in respect to the Project. They are not intended or 48686Master.doc 2 9/24/2008 They are not intended or represented to be suitable for reusedisturbances; strikes, lockouts, work slowdowns, and other by Owner or others on modifications or extensions of the labor disturbances; sabotage; judicial restraint; and delay in Project or on any other project. Any reuse without prior or inability to procure permits, licenses, or authorizations written verification or adaptation by HNTB for the specific from any local, state, or federal agency for any of the purpose intended will be at Owner's sole risk and without supplies, materials, accesses, or services required to be liability or legal exposure to HNTB. Owner shall indemnify provided by either Owner or HNTB under this Agreement or and hold harmless HNTB and its subconsultants against all any Task Order. HNTB shall be granted a reasonable judgments, losses, damages, injuries, and expenses, extension of time for any delay in its performance caused by including reasonable attorneys' fees, arising out of or any such circumstances. resulting from such reuse. Any verification or adaptation of documents will entitle HNTB to additional compensation at rates to be agreed upon by Owner and HNTB. B. Should such circumstances occur, the nonperforming party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance. ARTICLE 13 - OWNERSHIP OF DOCUMENTS AND INTELLECTUAL.PROP~RTY . . ARTICLE 16 - NOTICES Except as otherwise prOVided herein, documents, drawings, A A t' . d b thO A t h II b d' . . '. ny no Ice require y IS greemen s a e ma e In and speCifications prepared by HNTB and furnished to 't' t th dd 'fi d b I . Wrl Ing 0 e a ress specl Ie e ow: Owner as part of the Services shall become the property of 0 C'ty f L P rt . wner: loa 0 e Owner; prOVided, however, that HNTB shall have the Att T T . unrestricted right to their use. HNTB shall retain its copyright 604n:Wlmt Fle~ens t P k d h.. ht . 't d' d . d t '1 es alrmon ar way an owners Ip rig S In I s eSlgn, rawlng e al s, L P rt TX 77571 specifications, data bases, computer software, and other a 0 e, proprietary property. Intellectual property developed, . utilized, or modified inJhe performance of the Services shall tiNTB. remain the property of HNTB. HNTB Corporation Attn: Robert J. Slimp, P.E. 85 N.E. Loop 410, Suite 304 San Antonio, TX 78216 ARTICLE 17 - DISPUTES A. In the event of a dispute between Owner and HNTB arising out of or related to this Agreement, or any Task Order, the aggrieved party shall notify the other party of the B. Owner may terminate or suspend performance of this dispute within a reasonable time after such dispute arises. If Agreement for Owner's convenience upon written notice to the parties cannot thereafter resolve the dispute, each party HNTB. HNTB shall terminate or suspend performance of theshall nominate a senior officer of its management to meet to Services on a schedule acceptable to Owner, and Owner resolve the dispute by direct negotiation or mediation. shall pay HNTB for all the Services performed plus termination or suspension expenses. Upon restart of suspended Services, an equitable adjustment shall be made . . ... to HNTB's compensation and the Project schedule. ~. Shoul~ such negotiation or medlatlo~ fall to res~lve the dispute, either party may pursue resolution of the dispute by arbitration in accordance with the Construction Industry C. The provisions of this Article shall also apply to each Arbitration Rules of the American Arbitration Association; individual Task Order, separate and apart from any other provided, however, in the event the parties are unable to Task Orders, and without terminating or otherwise affecting reach agreement to arbitrate under terms reasonably this Agreement as a whole. acceptable to both parties, either party may pursue ARTICLE 15 _ DELAY IN PERFORMANCE resolution in any court having jurisdiction. A. Neither Owner nor HNTB shall be considered in default of this Agreement or any Task Order for delays in performance C. During the pendency of any dispute, the parties shall caused by circumstances beyond the reasonable control of continue diligently to fulfill their respective obligations the nonperforming party. . For purposes of this Agreement, hereunder. such circumstances include, but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war,ARTICLE 18 - EQUAL EMPLOYMENT OPPORTUNITY riots, and other civil disturbances; strikes, lockouts, work ARTICLE 14 - TERMINATION AND SUSPENSION A. This Agreement may be terminated by either party upon written notice in the event of substantial failure by the other party to perform in accordance with the terms of this Agreement; provided, however, the nonperforming party shall have 14 calendar days from the receipt of the termination notice to cure or to submit a plan for cure acceptable to the other party. B. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between representatives of Owner and HNTB. A. HNTB hereby affirms its support of affirmative action and 48686Master.doc 3 9/24/2008 ARTICLE 22 - SUCCESSORS AND ASSIGNS Owner and HNTB each binds itself and its successors, executors, administrators, permitted assigns, legal representatives and, in the case of a partnership, its partners, to the other party to this Agreement and to the C HNTB f rth ffi Iff r bl successors, executors, administrators, permitted assigns, . u er a Irms. comp e .Ion 0 app I~a e. legal representatives, and partners of such other party in governmental employer Information re~orts Including the respect to all provisions of this A reement. EEO-1 and VETS-100 reports, and maintenance of a current g Affirmative Action Plan as required by Federal regulations. This Agreement, including Exhibit "A" (incorporated by this reference), and subsequently issued Task Orders (and their respective attachments, if any), represents the entire and integrated agreement between Owner and HNTB. It .. .. supersedes all prior and contemporaneous communications, B: HNTB affirms Its pohcy to recruit ~~d hire employees representations, and agreements, whether oral or written, wIthout regar~ to r~ce, age,. color, rehgl?~, sex, sexual. relating to the subject matter of this Agreement. preference/onentatlon, mantal status, Citizen status, natIonal origin or ancestry, presence of a disability or status as a Veteran of the Vietnam era or any other legally protected status. It is HNTB's policy to treat employees equally with respect to compensation, advancement, promotions, transfers and all other terms and conditions of employment. action and that it abides by the provisions of the "Equal Opportunity Clause" of Section 202 of Executive Order 11246 and other applicable laws and regulations. ARTICLE 23 - ASSiGNMENT Neither Owner nor HNTB shall assign any rights or duties ARTICLE 19 - WAIVER under this Agreement without the prior written consent of the A waiver by either Owner or HNTB of any breach of this other party, which consent shall not be unreasonably Agreement shall be in writing. Such a waiver shall not affect withheld; provided, however, HNTB may assign its rights to the waiving party's rights with respect to any other or further payment without Owner's consent. Unless otherwise stated breach. in the written consent to an assignment, no assignment will ARTICLE 20 _ SEVERABILITY re!ease or discharge t~e assig~orfr~m a.ny o~ligation under . .... . . .. thiS Agreement. Nothing contained In thiS Article shall T~e invalidity, Illegality, or unenforceablllty of any pro~lslon otprevent HNTB from engaging independent consultants, thiS .Agreemen~ ~r the o~urrence of any .event r~ndenng anYassociates and subcontractors to assist in the erforman portion or proVISion of thiS Agreement VOid shall In no way of the S rvices p ce affect the validity or enforceability of any other portion or e. provision of this Agreement or any Task Order. Any void provision shall be deemed severed from this Agreement, and the balance of this Agreement shall be construed and ARTICLE 24 - NO THIRD PARTY RIGHTS enforced as if it did not contain the particular portion or The Services provided for in this Agreement are for the sole provision held to be void. The parties further agree to amenduse and benefit of Owner and HNTB. Nothing in this this Agreement to replace any stricken provision with a valid Agreement shall be construed to give any rights or benefits provision that comes as close as possible to the intent of the to anyone other than Owner and HNTB. stricken provision. The provisions of this Article shall not prevent this entire Agreement from being void should a provision ich is of the essence of this Agreement be determ' d v id. ARTICLE 25 - GOVERNING LAW This Agreement shall be governed by the laws of the State of Texas. 'w 0 L (0 n By Name_RH\ &t+NY\S TItle ~fl fI~er Date , Owner and HNTB have executed this Agreement. HNTB Corporation k~NTB)~ Q~ Name Robert J. Slimo. P.E. Title Vice President ~4i/ocP Date Attached Exhibit: Exhibit A - Sample Task Order 48686Master.doc 4 9/24/2008 Exhibit A - RSDE Scope Hurricane Ike Disaster Response I. Background It is our understanding that the City of La Porte needs to document safety concerns, residential and infrastructure damage for compliance with the National Flood Insurance Program (NFIP) and possibly to the Federal Emergency Management Agency (FEMA) due to Hurricane Ike damage of residential structures. The HNTB Public Works Specialists can provide the service level assistance required for local response and recovery. HNTB can also provide technical assistance and assessment as required to support re-entry and recovery of critical infrastructure. The purpose of this task order is to provide services associated with FEMA Residential Substantial Damage Estimator (RSDE) and safety inspections. II. Scope of Services HNTB will provide the staffing to assist the City of La Porte with: 1. Recovery Coordination of affected Residential areas (Safety and RSDE inspections) a. Utilization of the FEMA Residential Substantial Damage Estimator (RSDE) software to assist City of La Porte and State of Texas officials in determining substantial damage in accordance with the City of La Porte floodplain management ordinance and the requirements of the National Flood Insurance Program (NFIP). b. Safety inspections, including documenting water availability, electricity availability, structural stability, and other safety issues. c. Identification of local capabilities and resource needs. d. It is estimated that approximately 450 residential structures will require inspection. e. It is understood that research on construction cost, central appraisal district values, and other factors are critical in maximizing information to support the City in this effort. These services will be performed by our subconsultant Sanderson Knox and Co. Prioritization will be based on discussions with and decisions reached by the City of La Porte, Texas. HNTB fully understands the immediate urgency of getting these residential areas assessed in order to maximize the time and dollars needed from FEMA to rebuild. Key staff will be available as needed to consult on developing issues and events. 2. Report in accordance with FEMA Public Assistance Program Requirements. a. Effort includes specific location, photo documentation, narrative public and private infrastructure description along with extent and degree of damage, initial analysis of what action is required to safely secure the facility or to get the infrastructure back into service and the initial cost estimate for repair and rehabilitation. Observations will be made by trained staff and quality assurance and quality control will be provided by trained and experienced staff. All information will be collected and delivered electronically and tied directly to Geographic Information System (GIS) coverage of the City of La Porte and surrounding area. HNTB will offer a WebPortal Page 1 of3 Exhibit A - RSDE Scope Hurricane Ike Disaster Response that will provide up-to-the-day information as to where all aspects of the assignment stand with GIS capability. The complexity and detail of this WebPortal will be dependent on the available funds in this task order and the services desired by the City. 3. Assist on Hazard Mitigation Grant Program and Increase Cost of Compliance a. ICC isthe Increased Cost of Compliance that lets flood insurance policy holders do an additional claim payment to help cover the cost of bringing a substantially damaged or repetitively damaged building into compliance with the NFIP construction standards for new buildings. HNTB can assist the City of La Porte in doing the ICC applications. b. Assist in the application for the Hazard Mitigation Grant Program in order to maximize the monies available to the City of La Porte 4. Public Involvement and Outreach a. Coordinate public meetings to inform citizens of the progress of the recovery effort 5. Environmental Assessment and Engineering Analysis and Design a. Assessment of the environmental issues surrounding La Porte. b. Engineering Analysis and Design for reconstruction and redevelopment of residential areas in La Porte. III. Proposed Assessment Methodology · Buildings will be identified by address. If more than one structure exists at a single address, additional identification nomenclature will be used. · Teams will be comprised of no less than two individuals. One of those two individuals will meet technical qualification and/or experience minimum requirements as established for the Program in coordination with City of La Porte Standards. · It is the goal of the program to have teams accompanied by a La Porte Public Assistance Program Specialist whenever possible; other Agency representatives are welcome to accompany HNTB Corporation staff. · Using the Residential Substantial Damage Estimator (RSDE) software (previously developed information collection template by FEMA), the Teams will conduct visual inspection of the asset. Causes of damage to the asset will be noted. Damage will be identified with the specific location data necessary so the damaged item can be readily located again for review with others (FEMA, etc.) including collection ofa digital photo of the damage. Where possible the damage description should also provide enough information to support preliminary determination of repair method and probable cost of repair. (NOTE: With the understanding that these are preliminary damage assessments and additional assessment or assessment by other means may be required for the purpose of contracting the work for repair) · The assessment findings will be recorded using Toughbooks, Ultra Mobile PCs, and/or Trimble Units depending upon adequate availability and suitability for this application. Page 2 of3 Exhibit A - RSDE Scope Hurricane Ike Disaster Response Information collected will include digital photographs of every damage item described and GIS information. Images will be date-stamped. Data entry will also be date-stamped. . At the end ofthe day, Teams will log the asset(s) assessed and upload the collected information to a central data management application. . The data download will be QA/QCed daily by technical specialists with the ability to add/edit or delete information as needed. The QA/QC review will also verify that the photographs correspond with other data collected and recorded. . The cleansed data will be loaded into a central Geodatabase · In the event that there is a need to re-inspect or assess the buildings, the re-assessment team's data collection tool(s) will be pre-loaded with the information gathered by the preceding team. · Note that the protocols used by the teams will have a direct impact on the quality and consistency of the data being gathered · HNTB will coordinate with the City of La Porte to determine the method, format and frequency of reporting of collected assessment information. Final format and type of information will be developed based upon the City's needs. v. Compensation To accomplish the scope of services in this task order, rates included in Attachment B will be utilized. Expenses for all direct costs associated with the project will be reimbursed by the City. Deployed employees will require lodging, transportation/travel, and subsistence, field supplies, safety equipment, etc. at approved Federal GSA/JTR rates. For estimation purposes, the following will serve as a guide to determining the amount of the contract value for these services. 1. Residential inspection - 2 hours per structure performed by a two-person team (estimated at $123,000 for 562 structures). A cost/structure of $320.28/structure. 2. Oversight and management ofthe field personnel to provide coordination, training, interaction with City personnel and other agencies (estimated at 27,000) 3. Sanderson Knox and Co. will provide construction cost estimates, evaluation of central appraisal district values, and other required data (estimated at $15,000) 4. Direct expenses (estimated at $15,000) Total = $180,000 VI. Services not included 1. HNTB's services are limited to the RSDE inspections for 450 homes described in this scope of services. Only the services defined are included at a time and materials basis. The fee estimate included is not a guarantee, as actual effort in the field may change due to actual site conditions and coordination efforts required. HNTB will endeavor to work quickly and efficiently. 2. Infrastructure inspections/evaluations are not included as part of this task order. 3. Grant applications ar~ not included as part of this task order. Page 3 of3 HNTB Project: 48686 TASK ORDER NUMBER 2 La Porte RSDE This Task Order is made as of October 27,2008, under the terms and conditions established in the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008 (the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This Task Order is made for the following purpose, consistent with the Project defined in the Agreement: Section A. - Scope of Services A.1. HNTB shall perform the following Services: Reference Exhibit A - RSDE Scope A.2. The following Services are not included in this Task Order, but shall be provided as Additional Services if authorized or confirmed in writing by the Owner. Reference Exhibit A - RSDE Scope A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the following submittals/deliverables (Documents) to Owner: Reference Exhibit A - RSDE Scope Section B. - Schedule HNTB shall perform the Services and deliver the related Documents (if any) according to the following schedule: B.1. HNTB will target completion of the inspection of the 450 identified residential structures within a 2 week time period. This schedule does not consider delays associated with inclement weather, hazards site conditions that impede inspection of the residences, or other delays that are out of the control of HNTB or as otherwise directed by the client. Completion of paperwork and other tasks after the initial inspections will be completed as within two weeks. Section C. - Compensation C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB the Lump Sum amount of $50,000.00, based on a cost per structure of $320.28, increasing the maximum amount payable from $50,000.00 to $100,000.00, payable according to the terms of the Agreement. 48686T02revisedLS (2) Page 1 of 2 10/27/2008 C.2. This task order will serve as the initial efforts to begin the services described in Exhibit A. C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after final execution of additional Task Orders or Supplements to this Task Order NO.2. Section D. - Owner's Responsibilities Owner shall perform and/or provide the following in a timely manner so as not to delay the Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs incident to compliance with the following: D.1. The City of La Porte will provide HNTB with access to all residences. to be inspected, security if required to ensure safety, all city/county data and information required to complete the scope of services, access to local agency officials to facilitate the completion of the scope of services, and a dedicated City staff member to provide information needed by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain communication with the City and other involved agencies at all times. Section E. - Other Provisions The parties agree to the following provisions with respect to this specific Task Order: Signat WHEREOF, Owner and HNTB have executed this Task Order. IN WI HNTB Corporation (HNTB) Signature ~ (~ Name Name Robert J. Slimp. P.E. Title Date Title Vice President Date t~2 -'/e>6' / 48686T02revisedLS (2) Page 2 of 2 10/27/2008 HNTB Project: 48686 TASK ORDER NUMBER 3 La Porte RSDE. This Task Order is made as of October 27,2008, under the terms and conditions established in the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008 (the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This Task Order is made for the following purpose, consistent with the Project defined in the Agreement: Section A. - Scope of Services A.1. HNTB shall perform the following Services: Reference Exhibit A - RSDE Scope A.2. The following Services are not included in this Task Order, but shall be provided as Additional Services if authorized or confirmed in writing by the Owner. Reference Exhibit A - RSDE Scope A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the following submittals/deliverables (Documents) to Owner: Reference Exhibit A - RSDE Scope Section B. - Schedule HNTB shall perform the Services and deliver the related Documents (if any) according to the following schedule: B.1. HNTB will target completion of the inspection of the 450 identified residential structures within a 2 week time period. This schedule does not consider delays associated with inclement weather, hazards site conditions that impede inspection of the residences, or other delays that are out of the control of HNTB or as otherwise directed by the client. Completion of paperwork and other tasks after the initial inspections will be completed as within two weeks. Section C. - Compensation C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB the Lump Sum amount of $50,000.00, based on a cost per structure of $320.28, increasing the maximum amount payable from $100,000.00 to $150,000.00, payable according to the terms established in the Agreement. 48686T03LS (2) Page 1 of 2 10/27/2008 C.2. This task order will serve as the initial efforts to begin the services described in Exhibit A. Following task orders will add addition fee to complete the services. C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after final execution of additional Task Orders or Supplements to this Task Order NO.3. Section D. - Owner's Responsibilities Owner shall perform and/or provide the following in a timely manner so as not to delay the Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs incident to compliance with the following: D.1. The City of La Porte will provide HNTB with access to all residences to be inspected, security if required to ensure safety, all city/county data and information required to complete the scope of services, access to local agency officials to facilitate the completion of the scope of services, and a dedicated City staff member to provide information needed by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain communication with the City and other involved agencies at all times. Section E. - Other Provisions The parties agree to the following provisions with respect to this specific Task Order: N/A Title EREOF, Owner and HNTB have executed this Task Order. Name HNTB Corporation (HNTB) Signature ~ ~ Name Robert J. Slimp, P.E. Date Title Vice President Date (,() ~7/ CJl I 48686T03LS (2) Page 2 of2 10/27/2008 " HNTB Project: 48686 TASK ORDER NUMBER 4 La Porte RSDE This Task Order is made as of October 27,2008, under the terms and conditions established in the MASTER AGREEMENT FOR PROFESSIONAL SERVICES, dated September 25, 2008 (the Agreement), between City of La Porte (Owner) and HNTB Corporation (HNTB). This Task Order is made for the following purpose, consistent with the Project defined in the Agreement: Section A. - Scope of Services A.1. HNTB shall perform the following Services: Reference Exhibit A - RSDE Scope A.2. The following Services are not included in this Task Order, but shall be provided as Additional Services if authorized or confirmed in writing by the Owner. Reference Exhibit A - RSDE Scope A.3. In conjunction with the performance of the foregoing Services, HNTB shall provide the following submittals/deliverables (Documents) to Owner: Reference Exhibit A - RSDE Scope Section B. - Schedule HNTB shall perform the Services and deliver the related Documents (if any) according to the following schedule: B.1. HNTB will target completion of the inspection of the 450 identified residential structures within a 2 week time period. This schedule does not consider delays associated with inclement weather, hazards site conditions that impede inspection of the residences, or other delays that are out of the control of HNTB or as otherwise directed by the client. Completion of paperwork and other tasks after the initial inspections will be completed as within two weeks. Section C. - Compensation C.1. In return for the performance of the foregoing obligations, Owner shall pay to HNTB the Lump Sum amount of $30,000.00, based on a cost per structure of $320.28, increasing the maximum amount payable from $150,000.00 to $180,000.00, payable according to the terms established in the Agreement. 48686T04LS (2) Page 1 of 2 10/27/2008 C.2. This task order will serve as the initial efforts to begin the services described in Exhibit A. Following task orders will add addition fee to complete the services. C.3. Compensation for Additional Services (if any) shall be paid by Owner to HNTB after final execution of additional Task Orders or Supplements to this Task Order NO.4. Section D. - Owner's Responsibilities Owner shall perform and/or provide the following in a timely manner so as not to delay the Services of HNTB. Unless otherwise provided in this Task Order, Owner shall bear all costs incident to compliance with the following: D.1. The City of La Porte will provide HNTB with access to all residences to be inspected, security if required to ensure safety, all city/county data and information required to complete the scope of services, access to local agency officials to facilitate the completion of the scope of services, and a dedicated City staff member to provide information needed by HNTB to perform the services defined. HNTB will work in a cooperative effort to maintain communication with the City and other involved agencies at all times. Section E. - Other Provisions The parties agree to the following provisions with respect to this specific Task Order: INWI OF, Owner and HNTB have executed this Task Order. HNTB Corporation (HNTB) Signature ~~ -=-- Name Robert J. Slimp, P.E. Title Vice President Date 101> ?/b&-- 48686T04LS (2) Page 2 of 2 10/27/2008