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HomeMy WebLinkAboutRES 01-287 RESOLUTION NO. 01-287 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute an agreement with Carroll and Blackman, Inc.,for engineering services associated with the National Pollutant Discharge Elimination System (NPDES) Permit. The agreement is substantially in the forms attached hereto as Exhibit "A." PASSED BY THE CITY COUNCIL of the City of Beaumont this the 27th day of November, 2001. - Mayor - ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR Engineering and Related Services for City of Beaumont Municipal Separate Storm Sewer System Permit This Agreement made and entered into in Beaumont, Jefferson County,Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed CITY, and Carroll & Blackman, Inc. duly licensed, and practicing under the laws of the State of Texas, hereinafter termed ENGINEER, said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description See Attachment A B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer,in consideration for the compensation herein provided,shall render all professional. services necess�— for the- develnnme-rtt of the PrniPrt ac �e-crnhe-ri in section II of this Agreement. C. Any subcontractor to be utilized for the project must be approved by the City prior to conducting any work related to this contract. I.I. Basic Services The Engineer shall perform the basic services under this Contract which are outlined in Attachment B. J\5500\55521WP\5552-00IAGR.WPD PAGE I EXHIBIT "A" III. Additional Services All work that will be performed by the Engineer at the Request of the City that is described in this paragraph and not included in the paragraph above, shall constitute Additional Services. Additional Services shall include, but are not limited to the following: A. Design services B. Service required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of consulting with the City or its attorney. C. Preparation of any special reports,applications for permits or grants,and appearances before any regulatory agencies or public hearings not included in Section II. D. Any revision of previously approved work. E. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. F. Preparation of exhibits. G. Soil and foundation investigations including field and laboratory tests, borings, related engineering analysis, and recommendations. H. Additional services due to significant changes in scope of the Project or its design including but not limited to changes in sizes,complexity,or character of construction as agreed to by both parties. 1. Providing services after issuance of Letter of Acceptance from the City. N. Coordination A. The Engineer shall hold periodic conferences with the Director of Public Works or his representatives to help ensure that the Project as--developed shall have the full benefit of the City's Experience and knowledge of existing needs and facilities, and be consistent with its current policies and standards. To assist the Engineer in this coordination, the City shall make available for the Engineer's use in planning and designing the Project all existing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing facilities and to this particular Project, at no cost to the Engineer. However, any and all such information shall remain the property of the City and shall be returned if so instructed by the Director. 1:15500\5552\WP\5552-00IAGR.WPD PAGE 2 B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data,prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions of this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. V. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation hereinafter set forth for the Engineer's services described in Sections II, M, and rV. B. Attachment B Scope of Services The basis of compensation for the scope of services outlined in Attachment B shall be a basic fee plus direct charges or reimbursable expenses. The basic fee for all services and for direct charges shall be based on Attachment C, Engineering Fees, extended for actual hours expended on project work. C. Estimated Compensation For the services described in Sections II and N the basic fee plus direct charges are estimated to be S 242 350 . A breakdown of estimated costs by major scope item is shown in Attachment D. J:\5500\5552\WP\5552-00IAGR.WPD PAGE 3 D. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the rates noted in Attachment C. E. Charges for major subcontractors utilized for the project, e.g. consulting engineers, laboratory services, shall be charged at direct cost, without any mark-up. VI. City Payments A. Payments shall be made to the Engineer based on the phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. A past due charge of 1.5%per month will be added to all statements past due forty- five (45) days after submittal of the payment request. D. The City reserves the right to make an audit of charges claimed for this contract for services. VII. Ownership of Documents All documents including original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City 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 Engineer will be at the City's sole risk and without liability or legal exposure to the Engineer. VIII. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty(30 ) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the other, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this !k5500\5552\WP\5552-001AGR.WPD PAGE 4 Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charges for services actually performed under this Agreement that are applicable and useable on this Project, less such payments on account of the charges as have been previously made. Copies of reports or other documents prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VII. B. Failure by the Engineer to complywith the submittal of the statement,and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement IX. Engineers Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person,other than a bona fide employee working solely for the Engineer, any fee,commission,percentage,brokerage fee, gift, or any other consideration,contingent upon resulting from the award or making of this contract. X. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the.written consent of the City. XI. Indemnification/Liability The Engineer shall save harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from an error,omission, or negligent act of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from anv and all expenses, including attorne, fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the City with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: J:\5500\5552\WP\5552-00IAGR.WPD PAGE 5 Comprehensive General Liability and Auto Liability Insurance shall not be less than $200,000.00 per incident/$500,000.00 per occurrence. The certificates shall contain a provision that the City shall be notified thirty(30)days before cancellation of the insurance. The Engineer shall maintain such insurance in force during the life of the contract and no modification or change of insurance carriage and provisions hall be made without thirty(30 ) days written notice to the City. XII. Estimates of Cost Since the Engineer has no control over the cost of labor, materials or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of this experience and qualifications and represent his best judgement as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals,bids or the construction cost will not vary from opinions of probable cost prepared by him. XIII. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer of employee. 1:15500\55521WP\5552-00 IAGR.WPD PAGE 6 XIV. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation,representatives, or agreements, either oral or written. This Agreement maybe amended only bywritten instrument signed by both the City and Engineer. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of the City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Kim Carroll thereunto authorized president, does now sign, execute and deliver this document. Executed in Beaumont,Texas,on this day of , 19 CARROLL & BLACKMAN, INC. CITY OF BEAUMONT m L. CarKoll, P. City Manager President Attest: Attest: Norman Blackman,Blackman, P.E. City Clerk Vice President 1:�5500\5552\WP`5552-001 AGR.WPD PAGE 7 ATTACHMENT A PROJECT DESCRIPTION The project consists of the management and facilitation of required activities related to the National Pollutant Discharge Elimination System Permit (NPDES) TXS000501 issued by the Environmental Protection Agency for the discharge of storm water to the Municipal Separate Storm Sewer System (MS4). The permit requires the documentation of existing programs and the implementation of new programs that are designed to positively impact the quality of storm water discharge into U.S. waterways. Collectively these numerous management practices are referred to as the Storm Water Management Program and is included within the permit as an additional section. Some of the management practices include required screening programs established to monitor pollutants entering the MS4. These screening programs will involve dry and wet weather sampling of all major storm water outfalls and extensive surveys designed to target dry weather discharge. The permit also includes required storm water monitoring programs consisting of storm water sampling for a list of pollutants to be completed at a minimum of three times per year. The data gathered from the documentation of management practices and laboratory analysis of storm water samples will be compiled into reports as outlined by the permit. Within each of these reports will be some degree of management practice evaluation and revision. Statistical data interpretation and modeling will accompany the reports as support documentation for evaluation statements. Attachment B Scope of Services Carroll & Blackman, Inc. For City of Beaumont Engineering and Related Services Supplemental Assistance for NPDES MS4 Permit Compliance I. Watershed Protection Ordinance A. Implementation Assistance 1. Drafting of guidance documents for internal implementation and enforcement education related to the ordinance. 2. Education and coordination with field inspectors. 3. Public Education Programs associated with the ordinance. 4. Workshops with City Council. 5. Finalizing internal documentation and training for final implementation. II. Household Hazardous Waste Collection Facility A. Identify collection facility site. B. Meetings and preparation of initial design concepts for the collection facility. C. Research on collection rates and facility costs. D. Associated public education programs. III. Industrial Facility Inspection Program A. Update list of industrial facilities for inspection. B. Redistribute a target questionnaire. C. Questionnaire data analysis. D. Determination of facility inspection program priorities. E. Identify High Risk facilities. F. Drafting of internal Guidelines on program implementation. IV. Guidance Development for Public Distribution :. Develop guidelines fc, tar,ctcd 4,:,d.ic::ccs. P,. Develop distribution lists for each audience group identified. C. Develop system for tracking and reporting of document distribution. D. Associated public education programs. V. New & Redevelopment Program A. Drafting of guidances for plans review and approval process. B. Development of storm water control structures specifications. C. Associated public education programs. VI. Best Management Practice Implementation A. Education of City department heads on new Best Management Practices. B. Development of City department procedures. C. Identification of compliance documentation requirements. D. Development of reporting procedures. VII. Data Analysis and Reporting A. Data Interpretation. B. Annual report development. C. Production of annual report and compliance database. VIII. Public Education Programs A. Drafting of storm water quality brochures. B. Drafting of water utility bill inserts. C. Preparation of materials for PSA's, radio spots and the public access channel. D. Preparation of materials for distribution at trade shows. IX. Mapping A. Update mapping required for storm water management. B. Addition of new outfalls and storm water conveyances. C. Update watershed delineation maps for Beaumont. X. Municipal Industrial Facilities A. Implementation assistance of the SWPPPs B. Conduct employee training C. Monitoring as required by the TPDES General Permit D. Annual Evaluations and Updates to the SWPPPs arroll & lackman CONSUL77NG ENGINEERS & SURVEYORS nC. since 1944 ATTACHMENT "C" ENGINEERING/SURVEYING FEES 2001 Principal-Registered Professional Engineer $105.00 per hour Registered Professional Engineers and/or Registered Professional Land Surveyors $ 85.00 per hour Computer Programming Specialist $100.00 per hour Environmental Specialist $ 85.00 per hour Engineer In Training (EIT) Level 1 $ 58.00 per hour Level 2 $ 66.00 per hour Technician VI (Project Manager, Sr. Designer, Real Property Spec.) $ 80.00 per hour Technician V (Designer, Survey Coordinator) $ 64.00 per hour Technician IV (Autographics Operator, Office Survey Technician) $ 52.00 per hour Technician III (Jr. Autographics Operator, Field Survey Parry Chief) $ 45.00 per hour Technician II (Data Entry/Field Survey Technician) $ 38.00 per hour Resident Project Representative $ 50.00 per hour Secretary(Typist $ 35.00 per hour Two Man Survey Party $ 81.00 per hour Three Man Survey Party $114.00 per hour Four Man Survey Party $142.00 per hour Two Man Survey Party (Haz-Mat Trained) $110.00 per hour GPS Receivers (Base and Rover) $ 50.00 per hour GPS Receivers (Base and 2 Rovers) $ 75.00 per hour All Terrain Vehicle (4 Wheeler) $ 75.00 per day Boat with Motor $ 50.00 per day Reproduction/Plotting in our Office $ 0.25 per sq.ft. Reimbursable expenses such as outside reproduction services, courier service, photo processing, and sub-consultant services will be invoiced at cost plus 10%. Survey crew charges include travel time from our office in Beaumont to and from the work site. Rates include all local transportation (within Jefferson, Orange, Chambers and Hardin Counties) and all normal field and office equipment. Rates are adjusted as necessary at the beginning of each calendar year to reflect increases in cost of operation, inflation, etc. Notification of rate adjustment will be given approximately 30 days prior to effective date. 1300 7th Street, Beaumont, Texas 77702 • (409) 833-3363 • F.-LX(409) 833-0317 J:181LL1NG\Rate SheetM2001 STD Rate.wpd