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HomeMy WebLinkAboutRES 15-229RESOLUTION NO. 15-229 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute Amendment No. 1 to the Engineering Services Contract between the City of Beaumont and Lockwood, Andrews & Newnam, Inc., (LAN), in the amount of $500,000, for Phase Two (2) of, the Storm Water Master Plan. The Amendment is 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 13th day of October, 2015. FIRST AMENDMENT ENGINEERING SERVICES CONTRACT STATE OF TEXAS COUNTY OF JEFFERSON CITY OF BEAUMONT CONTRACT FOR CITY OF BEAUMONT MASTER DRAINAGE PLAN SECTION 1 On November 17, 2014, the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City", and Lockwood, Andrews & Newnam, Inc. (LAN), duly licensed engineer, and practicing under the laws of the State of Texas, hereinafter termed "Engineer," entered into a Engineering Services Contract for a Master Drainage Plan which primarily addressed the first phase of a three (3) project. The Engineer has requested, and the City agrees, that Phase Two (2) should begin before Phase One (1) is completed (See Exhibit 1 attached hereto). To accomplish this end, the parties enter this First Amendment to the Engineering Services Contract. 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. The City is awarding this contract in accordance with the State of Texas Government Code 2254, Professional and Consulting Services. NOW, THEREFOR: The Parties, for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, agree to amend that certain Agreement executed by the Parties on November 17, 2014, entitled" ENGINEERING -SERVICES AGREEMENT." Under this amendment, while continuing their work to complete Phase One (1), the Engineer shall undertake Phase Two (2) of the Master Drainage Plan project. Paragraph VI.B. of the original agreement is heieby deleted in its entirety and replaced as follows: The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and EXHIBM"A" Expenses shown on Attachment A of the Engineering Services Contract. The Engineer agrees that the total services and expenses for all three (3) phases shall not exceed $1, 500, 000.00. This agreement shall cover Phase I and Phase 11 only and shall not exceed $500 000.00 per each phase. Phase X will be addressed as funds become available. Other than specifically provided above, the original November 17, 2014 agreement shall remain the same. SECTION 2 The City and the Engineer hereby ratify and agree that all other terms and conditions of the . previously executed Engineering Services Agreement are in full force and effect. IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said 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 Derek A. St John, P.E. CFM thereunto authorized signee title, does now sign, execute and deliver this document Done at Beaumont, Texas, on this Attest: Attest: day of , A.D. 2015. LOCKWOOD, ANDREWS & NEWNAM, INC. By Associate, Wirt -reader CITY OF.BEAUMONT By City Manager 2 N�s� s � i � f_ August 28, 2015 Lockwood, Andrews & Newnam, Inc. A LEO A DALY COMPANY City of Beaumont P.O. Box 3827 Beaumont, Texas 77701 Attention: Dr. Majdalani, Public Works Director Reference: City of Beaumont Master Drainage Plan — Phase 2 Dear Dr. Majdalani, I am pleased to report that we are well into Phase 1 of the City's Master Drainage Plan (MDP) with the project progressing according to schedule and within the initial $500K appropriation. The two primary objectives for year one are: 1) development of the City -Wide Digital Data Inventory of the City's drainage system, and 2) analysis of the City's oldest and most complex drainage infrastructure. The Master Drainage Plan is divided into three project phases scheduled for one year each. The City was divided into three zones based on the City's three primary watersheds. Each project phase completes the Master Drainage Plan for that section of the city. Phase 1 of the MDP is focused on the watershed contributing to the Neches River and generally defined by the areas located east and south of IH -10 and bound by the Neches River. I am writing to request authorization for Phase 2 of the MDP which, like Phase 1, consists of two primary tasks: 1) Digital Data Inventory, and 2) Analysis and simulation. As we are nearing. completion of Task 1 for Phase 1 of MDP, it is in the best interest of the City and the project team to begin Task 1 activities for Phase 2. This will allow us to maintain the commitment of the project team who specialize in the digital data inventory, while the drainage analysis team members focus on completing Phase 1. We understand the critical importance of this project to the City and are recommending this approach to stay on schedule and maintain project momentum. As always, we appreciate the opportunity to assist the City with this important project. Please let me know if you have any questions. Sincerely, Derek St. John, PE, CFM 2925-Briarpark Drive, Suite 400 • Houston, Texas 77042-3720 • 713.266.6900 • Fax: 713.266.2089 i www.ian-inc.com No Text ENGINEERING SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR CITY OF BEAUMONT MASTER DRAINAGE PLAN SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas, between the City of Beaumont, a Municipal Corporationin the State of Texas, hereinafter termed "City" and Lockwood, Andrews &. Newman, Inc. (LAN), 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 the Engineering Services hereinafter set' forth in connection with the above designated. Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will perform engineering services for the City of Beaumont generally described as providing engineering services required for the City of Beaumont Master Drainage Plan as .described in attachments "A", `B" and "C", and made part.of this contract. All services provided by the Engineer will conform to standard engineering practices and applicable rules and regulations of the Texas Engineering Practices Act and the rules of the Texas Board of Professional Engineers. 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, including any associated subconsultants, necessary for the development of the Project to completion, as provided'in this Agreement. I i City of Beaumont Master Drainage Plan -LAN 1 I1. Basic Services a. Meet with the City to determine detailed scope and schedule for project. b. Develop a comprehensive Master Drainage Plane for the City of Beaumont as described in Attachments "A". "B" and "C". c. Develop and create a report documenting the process for the Master Drainage Plan as described in attachments "A", "B" and III. Special Services N/A IV. Additional Services I 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 paragraphs above, shall constitute Additional!, Services. Additional Services shall include, but are not limited to the following: A. Services required by the City in any litigation or other controversy as an expert witness, including actual testimony time, stand-by waiting time, preparation of engineering data and reports or depositions and consulting with the City or its attorney. I B. Preparation of any specialreports, applications for permits or grants, and appearances before any regulatory agencies or public hearings not included in Attachments i"A", "B" and "C" C. Any revisions of previously approved work. D. Any travel and subsistence to points other than Engineer's or City's Offices and Project sites. E. Additional services due to significant changes in scope of Project or its 'design jincluding but not limited to changes in size, complexity, or character of construction as agreed to by both parties. F. Providing services after issuance of Letter of Acceptance from the City. City of Beaumont Mester DrainagePlan -LAN 2 V. Coordination A. The Engineer shall hold monthly conferences with the Public Works Director, hl reinafter termed "Director", or his representatives to the end 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 theiEngineer 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 tothis particular Project, at no costtothe Engineer. However, any and all such information shall remain the property of the City and shall be returned if instructed to do so by the Director. To the extent the Engineer utilizes any such information to meet its standard of care the Engineer shall be entitled to keep one such copy for its business record. ' 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. i C. The City will give prompt written noticeto the Engineer whenever the City observes or otherwise..becomes aware of any defect (error or omission) 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 lEngineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data complied 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 on this contract. i E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. City o/ Beaumont Master Drainage Plan - LAN 3 VI. 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 hereinaft&set forth for the Engineer's services described in Sections II, III, and IV. B. Basic and Special Services The basis of compensation for Basic and Special Services shall be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment A. The Engineer agrees that the total services and expenses for Tall three phases shall not exceed $1,500,000.00. This agreement shall cover Phase I only and not to exceed $500,000.00 (Attachment "C"). Other phases will be addressed as funds become available. VII. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: I 1. Ninety-five percent (95%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. 2. The remaining five percent (5%) shall be paid upon acceptance of the project by the City. B. Payment shall be made within thirty (30) days after submittal of the request for';payment for work perfonned. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of time based and reimbursable) expense charges claimed for this contract for services. VIII. Revisions to Drawings and Specifications The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. City of Beaumont Master Drainage Plan -LAN 4 IX. Ownership of Documents All documents including the 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 righito 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 City's sole risk and without liability or legal exposure to Engineer. X. 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 party, 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 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 charge to which the service actually performed under .this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications 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, asset forth in Section VIII. B. Failure by the Engineer to comply with 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. XI. Engineer's 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 solelyl for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or; develop an Affirmative Action Plan as set forth by the City. City of Beaumont Master Drainage Pian - LAN 5 XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. Indemnification/Liability The Engineer shall save and hold 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 a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney 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 and for which the Engineer is found to be legally liable. 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 on the General Liability and Automobile policies satisfactory to the City and indicating the existence of Statutory Workmen's Compensation Insurance. Such insurance shall', be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto, Liability Insurance shall not be Mess than $1,000,000.00 per incident) $1,000,000.00 per occurrence. Thesecertificates 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 provision shall be made without thirty (30) days written advance notice to the City. XV. 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 his experience and qualifications and represent his best judgment 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. j XVI. 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 or employee. City of Beaumont Mastar Drainage Plan - LAN XVII. Entire Agreement This Agreement, including the attachments, 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 may be amended only by written instrument signed by both the City and Engineer. SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrumcnt to be attested by the City Clerk, and. the said Engineer, acting by the hand of Derek A. St. John, P.E. CFM thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this 17 day of. +�{, A.D. 2014.. Lockwood, Andrews & Newman, Inc. By: Associate, Team Leader City of Beaumont Masla, Drainage Plan - LAN 7 CITY OF BEAUMONT By: City Manager