Loading...
HomeMy WebLinkAboutPACKET DEC 17 2019BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 17, 2019 1:30 PM CONSENT AGENDA Approval of minutes — December 10, 2019 Confirmation of board and commission member appointments Eldon Steward would be appointed to the Community Development Advisory Committee. The term would commence December 17, 2019 and expire September 30, 2021. (Councilmember Taylor Neild) Marc McDonald would be appointed to the Convention and Tourism Advisory Board. The term would commence December 17, 2,019 and expire September 30, 2021. (Councilmember Taylor Neild) Ryan Smith would be appointed as Ex -officio to the Convention and Tourism Advisory Board. The term would commence December 17, 2019 and expire September 30, 2021. (Mayor Becky Ames) Glen Johnson would be appointed to the Police Department Community Advisory Committee. The term would commence December 17, 2019 and expire September 30, 2021. (Councilmember Taylor Neild) A) Approve a contract with Marsh Waterproofing, Inc., of Vidor for maintenance and repair services B) Authorize the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant C) Authorize the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public rights-of-way D) Authorize the settlement of the lawsuit styled Chasity Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D-203,613 E) Authorize a one year contract with the Greater Beaumont Chamber of Commerce for the . period of January 1, 2020 through December 31, 2020 RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the following appointments be made: Appointment Commission Beginning of Expiration of Term Term Eldon Steward Community 12/17/2019 09/30/2021 Development Advisory Committee Marc McDonald Convention and 12/17/2019 09/30/2021 Tourism Advisory Board Ryan Smith Convention and 12/17/2019 09/30/2021 Tourism Advisory Board Glen Johnson Police Department 12/17/2019 09/30/2021 Community Advisory Committee 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 17th day of December, 2019. - Mayor Becky Ames - Cil BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution approving a contract with Marsh Waterproofing, Inc., of Vidor for maintenance and repair services. BACKGROUND Bids were requested for an annual contract to provide on demand repair, maintenance, and light construction services .as needed. The contract does not include demolition services, or projects which are reasonably anticipated to approach or exceed $75,000. Specifications requested hourly labor rates for carpenters, helpers, concrete finishers, equipment operators, and general laborers together with percentage markup for materials and equipment rentals. Bids were evaluated on total annual cost based upon estimated labor hours for each skill category and condition: Ten (10) vendors were notified with five vendors responding. The lowest qualified bid was received from Marsh Waterproofing. The total estimated bid for the annual contract is $92,940. The total amount spent for this contract in FY19 was $80,623. The current vendor with the contract is Bruce's General Construction. Their bid was not afforded the local vendor preference of five percent (5%) because they were not complying with specs nor providing timely services. The bid would qualify as a local preference bid because it is within 5% of the lowest bid. However, it is not being recommended due to the reason that the bidder's past experience with the City has been unsatisfactory. FUNDING SOURCE Funds were budgeted for these services in the FY 2020 Budget. RECOMMENDATION Approval of the resolution. RESOLUTION NO. WHEREAS, the City of Beaumont solicited bids for an annual contract for maintenance and repair services; and, WHEREAS, Marsh Waterproofing, Inc., of Vidor, Texas, submitted a complete bid meeting specifications in the estimated amount of $92,940.00, as shown on Exhibit "A," attached hereto; and, WHEREAS, the City Council is of the opinion that the bid submitted 'by Marsh Waterproofing, Inc., of Vidor, Texas, is the lowest responsible bidder providing the best value to the City and should be accepted; 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 Council hereby approves the award of an annual contract to Marsh Waterproofing, Inc., of Vidor, Texas, in the estimated amount of $92,940.00, as shown on Exhibit "A," attached hereto, for maintenance and repair services; and, THAT the City Manager be and he is hereby authorized to execute a contact with Marsh Waterproofing, Inc. 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 17th day of December, 2019. - Mayor Becky Ames - BEAUM®NT Texas City of Beaumont, Beaumont, Texas Purchasing Division Bid Tabulation Bid Name: Annual Contract for Repair & Maintenance Services Bid Number: TF1120-05 Bid Opening: Thursday, November 21, 2019 Contact Person: Terry Welch, Senior Buyer terry.welch@beaumonttexas.gov Phone:409-880-3107 Vendor City/State Marsh Waterproofing Inc. Vidor, Tx Jack Built Contractors Orange, Tx Bruce's General Const Inc. Beaumont, Tx Item Est Usage, Unit PriceTotal F Unit Price Total Unit Price Total STRAIGHTTIME 7Ab.a.m.to1:00p.m.,Mondaythru,Friday Carpenter/Sheet metal worker 1,000 $35 /hr $35,000 $32 /hr $32,000 $40 /hr $40,000 Carpenter Helper 500 $20 /hr $10,000 $24 /hr $12,000 $15 /hr $7,500 Concrete Finisher/Journeyman 300 $35 /hr 10,500 $30 /hr $9,000 $35 /hr $10,500 Concrete Worker 200 $15 /hr $3,000 $28 /hr $5,600 $20 /hr $4,000 Equipment Operator 100 $35 /hr $3,500 $30 /hr $3,000 $40 /hr $4,000 General Laborer 100 $15 /hr $1,500 $22 /hr $2,200 $15 /hr $1,500 OVERTIME 7:0.0 p.m. to 7:00 am., Monday thou Friday, & all day Saturday . Carpenter/Sheet metal worker 40 $35 /hr $1,400 $44.16 /hr $1,766.40 $44.16 /hr $1,600 Carpenter Helper 40 $21 /hr $840 $33.12 /hr $1,324.80 $33.12 /hr $600 Concrete Finisher/Journeyman 40 $35 /hr $1,400 $41.40 /hr $1,656 $41.40 /hr $1,400 Concrete Worker 40 $15 /hr $600 $38.64 /hr $1,545.60 $38.64 /hr $800 Equipment Operator 40 $35 /hr $1,400 $41.40 /hr $1,656 $41.40 Ar $1,600 General Laborer 40 $15 /hr $600 $30.36 /hr $1,214.40 $30.36 /hr $600 SUNDAY/EMERGENCY Sunday, Holiday, and Emergency Rates (NOT. INCLUDED IN TOTALS) Carpenter/Sheet metal worker $52.50 /hr $49.16 /hr $65 /hr Carpenter Helper $31.50 /hr $38.12 /hr $30 /hr Concrete Finisher/Journeyman $52.50 /hr $46.40 /hr $35 /hr Concrete Worker ® $22.50 /hr $43.64 /hr $35 /hr Equipment Operator ® $52.50 /hr $46.40 /hr $40 /hr General Laborer $22.50 /hr $35.36 /hr $30 /hr MATERIAL MARKUP $15,000 , Material % 16% 15% 10% Value $2,400 $2,250 $1,500 EQUIPMENT RENTAL .$5,000 Rental % 16% 15% 12% Value $800 $750 $600 BID SUMMARY TOTAL STRAIGHT TIME $63,500 $63,800 $67,500 TOTAL OVERTIME $6,240 $9,163.20 $6,600 TOTAL MATERIALS $17,400 $17,250 $16,500 TOTAL EQUIPMENT $5,800 $5,750 $5,600 TOTAL BID $92,940 $95,963.20 $96,200 EXHIBIT "A" Page 2 Bid Name: Annual Contract for Repair & Maintenance Services Bid Number: TF1120-05 Vendor City/State Byrdson Services, LLC Beaumont, Tx SpawGlass Construction Corp Beaumont, Tx Item Est Usage Unit Price Total Unit Price Total STRAIGHT TIME 7: 'Qb a.m 'to 7:00 p.m,' Monday thru Friday Carpenter/Sheet 1,000 metal worker $50 /hr $50,000 $58 /hr $58,000 Carpenter Helper 500 $25 /hr $12,500 $45 /hr $22,500 Concrete 300 Finisher/Journeyman $65 /hr $19,500 $58 /hr $17,400 Concrete Worker 200 $40 /hr $8,000 $45 /hr $9,000 Equipment Operator 100 $75 /hr $7,500 $75 /hr $7,500 General Laborer 100 $25 /hr $2,500 $40 /hr $4,000 OVERTIME 7:00 p.m. to 7:00 am., Monday thru Friday,.& all day Saturday Carpenter/Sheet 40 $75 /hr metal worker $3,000 $87 /hr $3,480 ' Carpenter Helper 40 $37.50 /hr $1,500 $67 /hr $2,680 Concrete 40 $47.50 /hr Finisher/Journeyman $1,900 $87 /hr $3,480 Concrete Worker 40 $60 /hr $2,400 $67 /hr $2,680 Equipment Operator 40 $112.50 /hr $4,500 $112 /hr $4,480 General Laborer 40 $37.50 /hr $1,500 $60 /hr $2,400 SUNDAY/EMERGENCY 'Sunday, Holiday, and Emergency Rdtes (NOT INCLUDED 1N TOTALS) Carpenter/Sheet metal worker $100 /hr $116 /hr Carpenter Helper $50 /hr $90 /hr Concrete Finisher/Journeyman = $130 /hr $116 /hr Concrete Worker $80 /hr $90 /hr Equipment Operator $150 /hr $150 /hr General Laborer $50 /hr $80 /hr MATERIAL MARKUP $15,000 Material % 10% 12% Value $1,500 $1,800 EQUIPMENT RENTAL $5,000 Rental % 10% 12% Value $500 $600 BID SUMMARY TOTAL STRAIGHT TIME $100,00 $118,400 TOTAL OVERTIME $14,800 $19,200 TOTAL MATERIALS $16,500 $16,800 TOTAL EQUIPMENT $5,500 $5,600 TOTAL BID $136,800 $160,000 Low qualified bidder is Marsh Waterproofing Inc. of Vidor. BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an annual agreement with Capital Edge Advocacy, Inc. to provide services as the City of Beaumont's Washington Assistant. BACKGROUND On a yearly basis since 1980, the City has contracted with an organization to provide legislative services on the federal level. Mr. Chris Giglio, as the City's Washington Assistant, is responsible for reviewing federal executive proposals, legislation under consideration, and proposed and adopted administrative rules and regulations which could impact the City of Beaumont's policies or programs. Staff is very pleased with the professionalism and high quality of service provided by Capital Edge. A letter from Mr. Giglio and the proposed contract are attached for your review. The contract amount of $68,400 remains the same as last year. The contract also includes a maximum of $4,000 for reimbursable expenses. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. CapitalE dge December 6, 2019 Mr. Kyle Hayes City Manager P.O. Box 3827 Beaumont, TX 77704 Dear Kyle: Please consider this a formal request for a twelve=month renewal of our contract with the City for federal lobbying and information services. Our current agreement expires on December 31 and we do not seek any changes. While the past year in Washington might haveseemed chaotic, there have been some achievements on Capitol Hill that benefitted the City. The FY 2019 budget enacted earlier this year included increases for.federal programs in a number of areas of interest, including the CDBG and HOME programs at HUD, workforce training programs at the Labor Department, law enforcement assistance at the Justice Department, and highway. programs at the Transportation Department, to name a few. In addition, the Trump Administration issued regulations to clarify the federal Opportunity Zones program, which we hope will result in private investment in the City's designated zones. In the coming year, we hope to continue to assist the City in ensuring the flow of federal assistance and reimbursement in the wake of recent storms, securing funding for the construction of the Sabine -Neches Ship Channel, protecting the City -from federal preemption of local authority in areas such as telecommunications, drones, and autonomous vehicles, and other City priorities on the federal level. While talk of a large infrastructure package has died down in in Washington, we do expect that the scheduled reauthorizations in 2020 of existing federal programs can serve the same purpose. Federal highway and transit programs (FAST Act) and flood control and navigation programs (WRDA) are both scheduled for rewrites next year and could bring resources to Beaumont. As always, it has been a pleasure to serve the City of Beaumont -in Washington, and we are grateful for your guidance and that of the Mayor and City Council. Please feel free to contact. me with any questions you may have about our services Sincerely, Christopher F. Giglio RESOLUTION NO. 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 annual agreement with Capital Edge Advocacy, Inc. to serve as the City of Beaumont's Washington, D.C. Assistant in the amount of $68,400.00, with an additional maximum amount of $4,000.00 for reimbursable expenses. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 17th day of December, 2019. - Mayor Becky Ames - AGREEMENT BETWEEN THE CITY OF BEAUMONT, TEXAS AND CAPITAL EDGE ADVOCACY, INC. 1212 NEW YORK AVENUE, NW - SUITE 250 WASHINGTON, D.C. 20005-3953 Pursuant to this agreement, the City of Beaumont, Texas (hereinafter sometimes referred to as the "City") and Capital Edge Advocacy, Inc. (hereinafter sometimes referred to as "Consultant") agree to assume the following obligations. L Obligations of Consultant A. Consultant will organize and operate a unit to act as a Washington office for the City and will be the assigned member of its staff. Consultant will be responsible for obtaining and furnishing requisite staff, office space, utilities, furnishings, and equipment, common -use office supplies and services, and'general administrative support according to the level of service specified in Paragraph IV; B. Consultant will confer with the City Manager and such other City personnel as the City Manager may designate at the times and places mutually agreed to by the City Manager on all organizational planning and program activities which have a bearing on the ability of the City to make the best use of federal aid programs; and will act as Washington Assistant to the City of Beaumont, Texas; C. As Washington Assistant the Consultant will review federal executive proposals, legislation under consideration, proposed and adopted administrative rules and regulations and other Washington developments for thepurpose of advising the City of those items which may have a bearing on City policy or programs; D. More specifically, as Washington Assistant the Consultant will advise and consult on behalf of the City with the White House and any other Federal agencies, departments and commissions as may be necessary to the performance of .full Washington service to the City Manager and the City. Additionally, the Consultant will act as liaison with the U.S. Conference of Mayors and the National League of Cities, and -will furnish legislative and administrative analyses of issues as requested; 1 EXHIBIT "A" E. As Washington Assistant the Consultant will secure and furnish such detailed information as may be available on federal programs in which the City indicates an interest; F. As Washington Assistant the Consultant will review and comment on proposals of the City which are being prepared for submission to federal agencies when requested to do so by the City Manager or his designees; G. As Washington Assistant the Consultant will maintain liaison with the City's Congressional delegation and will assist the delegation in any matter which the City determines to be in its best interest in the same manner as any other member of the City's administrative staff might render assistance; H. As Washington Assistant the Consultant will counsel with the City regarding appearances by City personnel before Congressional committees and administrative agencies and will arrange for appointments and accommodations for City personnel as necessary, I. As Washington Assistant the Consultant will contact federal agencies on the City's behalf when City applications are under consideration by such agencies and counsel the City to take whatever steps appear to be required to obtain the most favorable consideration of such applications; J. As Washington Assistant the Consultant will advise and consult with or otherwise make assistance available to such representatives of the private sector who are engaged in economic development activities as determined by the City Manager to be in the best interests of the City; K. In fulfilling her responsibilities under this Agreement, the Washington Assistant will act in the name of the City of Beaumont, Texas under the supervision of the City Manager. Any change in the person of the Washington Assistant from the person representing the City as of the effective date of this agreement must be approved by the City Manager. 11 Obligations of the City ofBeaumont, Texas A. To advise the Consultant of the name or names of persons other than the City Manager authorized to request service and the person or persons to be kept advised by the Washington Assistant; 2 B. To supply the Consultant with a summary of all federal programs in which the City is participating and advise the Consultant of any new applications filed, together with pertinent details as to the substance of such applications; C. To supply the. Consultant with copies of budgets, planning documents, and regular reports of the City Manager and departments, Council agenda and proceedings, newspapers and other materials which will assist the Consultant in keeping current on City policies and programs; D. To reimburse the Consultant for expenses incurred on behalf of the City pursuant to the duties of Paragraph I as approved by the City Manager subject to the provisions of Paragraph IV; III. The City ofBeaumont, Texas and the Consultant concur that the following exclusions shall apply to this Agreement., A. The Consultant: 1. Will not represent commercial or industrial establishments of the City in pursuit of federal business except in accordance with the provisions of Paragraph I, Subparagraph J, above; 2. Will not, by virtue of this Agreement, represent other local government agencies in Beaumont, Texas except those which are instrumentalities or agencies of the City of Beaumont, Texas; 3. Will not perform any legal, engineering, accounting or other similar professional service; 4. Will not directly or indirectly participate in or intervene in any political campaign on behalf of or in opposition to any candidate for public office in or representing the City. IV. Compensation The cost of service will be $68,400.00 for twelve months, payable in advance, in equal monthly installments of $5,700.00 commencing on the first day of January 2020. In addition, a maximum of $4,000.00 for reimbursable expenses incurred pursuant to Paragraph II, Subparagraph D. 3 V. Termination Either party may terminate this Agreement at any time by giving the other at least sixty (60) days' notice in writing of such termination. IN WITNESS WHEREOF: ATTEST DATE Christopher V Giglio, Capital A4e Advocacy, Inc. Kyle Hayes, City Manager c BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with Fiberlight LLC for the placement of fiber optic cable in public rights-of-way. BACKGROUND Fiberlight LLC has been engaged by Beaumont ISD to provide fiber optic service to 36 school sites. Fiberlight LLC will install a total of 99,220 linear feet of fiber optic cable across public rights -of -ways. Phase Three will include the following 18 Beaumont ISD schools: Pietzsch MacAuther Elementary Central High School/Paul Brown Charlton Pollard Elementary Dishman Elementary Bennie Hickman AG Facility Lucas Pre -School Smith Middle School Marshall Middle School South Park Middle School Regina Howell Elementary Beaumont United High School BISD Administration Building Trahan Center Guess Elementary Minnie Rogers Juvenile Detention BISD Maintenance Facility Thomas Educational Support Center West Brook High School FUNDING SOURCE Fiberlight LLC will pay the City of Beaumont a fee in accordance with Chapter 283 of the Texas Local Government Code. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be and he is hereby authorized to execute a Public Right -of -Way Use Agreement with Fiberlight, LLC, of Alpharetta, Georgia, for the placement of an approximate 99,220 linear feet of fiber optic cable in the public right-of-way at Pietzsch MacArthur Elementary School, Central High School/Paul Brown Learning Center, Charlton Pollard Elementary School, Dishman Elementary School, Bennie Hickman AG Facility, Lucas Pre -School, Smith Middle School, Marshall Middle School, South Park Middle School, Regina Howell Elementary School, Beaumont United High School, BISD Administration Building, Trahan Center, Guess Elementary School, Minnie Rogers Juvenile Detention Facility, BISD Maintenance Facility, Thomas Educational Support Center, and West Brook High School with a fee in accordance with Chapter 283 of the Texas Local Government Code. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 17th day of December, 2019. - Mayor Becky Ames - PUBLIC RIGHT-OF-WAY USE AGREEMENT THE STATE OF TEXAS § COUNTY OF JEFFERSON § WHEREAS, Fiberlight LLC desires to use certain public right-of-way within the City of Beaumont for the purposes set forth below; and, WHEREAS, it is the position of the City of Beaumont that Fiberlight LLC must obtain a license in order to use the public right-of-way; and, WHEREAS, the City Council of the City of Beaumont has determined that it is appropriate to make the following agreement with Fiberlight LLC; and, NOW, THEREFOR; The City of :Beaumont, hereinafter called "City" for and in consideration of the receipt of good and valuable consideration, as set out more fully herein, hereby agrees with Fiberlight LLC that Fiberlight LLC may lay, maintain, operate, replace or remove fiber optic and related appurtentant facilities used to provide telecommunications services, including dark fiber for the transportation of communications (the "system") in, on, under or across the streets, alleyways and easements situated in the City of Beaumont, Jefferson County, Texas, as more specifically set out in the permit drawings and subject to the following conditions: (a) The -system shall be installed in such a manner as has been approved by the City Engineer and/or the Texas Department of Transportation, if applicable, so that the finished installation shall, in no way, interfere with the use of the public streets and alleys by the public. Permits shall be obtained by Fiberlight LLC or Fiberlight LLC contractor from the Public Works Department of the City prior to any installation, maintenance or removal requiring excavation. (b) The system shall be buried at a depth of no less than thirty (30) inches unless otherwise authorized by the City Engineer and/or the Texas 1 EXHIBIT "A" Department of Transportation, if applicable. The system is to be installed a minimum of thirty-six inches (36") below the existing flow line of the adjacent drainage ditch, when crossing or placed in said ditch. Fiberlight LLC will notify the Public Works Department of the City of Beaumont prior to installation of the system under this agreement, and shall obtain City permits at a cost not to exceed a one-time charge of Ten.Dollars ($10) plus Five Dollars ($5) for each day of construction. (c) The installation and operation of the system shall not interfere with the natural drainage in that area nor with the drainage system of the City, nor with sanitary sewer lines, water lines, or other facilities. (d) The system shall be installed in such a manner as to provide a twelve (12) inch vertical clearance and a thirty-six (36) inch horizontal clearance with existing water or sanitary sewer lines. All excavations within the right-of-way shall be backfilled in accordance with City Standards. All surplus material shall be removed from the right- of-way. (f) Excavations necessary for the installation, repair or maintenance of the system shall be performed in such a manner as will cause the . least inconvenience to the public and Fiberlight LLC shall promptly restore to as:good a condition as before and to the reasonable satisfaction of the City Engineer and/or the Texas Department of Transportation, all streets, alleys, or easements, excavated by it. (g) The system will be installed in accordance with the drawings approved by the City and to the specifications which set out the specific location, depth, method of construction, etc., of the installation. (h) Construction along roadways shall be performed in such a manner that excavated materials shall create the minimum hazard and obstruction. All property where operations are performed will be restored to original condition or better. The cost of any repairs to road surface, roadbed, structures or other right-of-way features as a .result of this installation will be borne by the owner of the system. (i) Any installation which takes place in, on, under, above, or across property which is not owned by the City or not a City easement or right -of 2way shall require additional permission by the owner(s) of the property involved. Approval of this license agreement excludes permission to do any installation on property which is not owned by the City of Beaumont. 0) Barricades, warning signs, lights, and flagmen will be provided and 2 installed in accordance with the Texas Manual of Uniform Traffic Control Devices (current edition) by Fiberlight LLC contractor when, in the opinion of the City Engineers, such is necessary for the safe installation of the system. Fiberlight LLC or its contractor will provide supervision of the work which is knowledgeable in the standards referred to above. Nothing herein is to be construed as prohibiting the use by Fiberlight LLC or its contractor of additional barricades, warning signs and lights or flagmen as be necessary. In the event Fiberlight LLC or its contractor does not comply with the barricading standards, the City Engineer may order Fiberlight LLC and its contractor to stop work; but only until compliance is achieved. (k) City reserves the right to lay and to permit to be laid sewer, gas, water and other pipes and cables, and to do or permit to be done any municipal underground work that may be deemed to be necessary or proper by City in, across, along, or under any of the streets, alleys and easements, and to change any curb or sidewalk or the grade of any of said streets. In doing or permitting any such work, the City of Beaumont shall not be liable to Fiberlight LLC for any damage occasioned; it being understood that nothing herein shall be construed as foreclosing Fiberlight LLC rights to recover damages against any contractor or third party who may be responsible for damages to Fiberlight LLC facilities. (1) If the City requires Fiberlight LLC to remove, alter, change, adapt, or conform its facilities because of changes in the grade of a street or in the location or manner of constructing a water pipe, sewer pipe, or other underground or aboveground structure owned by the City, on alternative right-of-way provided by the City, Fiberlight LLC shall make the alterations or changes as soon as practicable when ordered in writing by the City, without claim for reimbursement or damages against the City at no additional charge to Fiberlight LLC. If these requirements impose a financial hardship on Fiberlight LLC, Fiberlight LLC shall have the right to present alternative proposals for the City's consideration. If the City requires Fiberlight LLC to remove, alter, change, adapt or conform its facilities to enable any other corporation or person, except the City, to use, or to use with greater convenience, any public right-of-way, Fiberlight LLC shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse Fiberlight LLC for any loss and expense which will be caused by or arise out of such removal, alteration, change, adaptation or conformance of Fiberlight LLC facilities; provided, however, the City shall never be liable for such reimbursements. (m) Fiberlight LLC shall indemnify, save and hold harmless the City of Beaumont from any and all claims for injuries and damages to persons or 3 property occasioned by or arising out of the installation, maintenance, operation, repair or removal of the system by Fiberlight LLC, except to the extent arising from the sole negligence, or wanton conduct or gross negligence of the City of Beaumont, its employees or agents. Neither parry shall be liable to the other for any consequential, special, or indirect damage hereunder. (n) If the system or any part thereof installed by Fiberlight LLC shall be in any respect damaged or injured by the City or any public entity in connection with any construction or maintenance of any public facility, Fiberlight LLC shall not be entitled to prosecute or maintain a claim against the City or such public agency unless such damage is occasioned by the City or such public agencies wanton conduct or gross negligence. However, nothing contained in this paragraph shall prevent Fiberlight LLC from prosecuting or maintaining a claim against a private contractor employed by the City or such entity. (o) Recovery by Fiberlight LLC for damages that occur to Fiberlight LLC facilities, as a result of an adjoining residential homeowner's attempt to construct improvements to his frontage shall be limited to actual damages only and no loss of revenue as damages. Any additional cost shall be borne by Fiberlight LLC. (p) The system shall be maintained and operated in such a manner as to cause no damage to public facilities. Damage to public facilities occasioned by such maintenance and operation shall be at Fiberlight LLC expense. Such damages shall be limited to actual damages and no loss of revenue damages. (q) Fiberlight LLC contractors shall furnish the City with a certificate of insurance issued by an insurer acceptable to the City showing that the permittee has in force, and will maintain in force during the construction of the system, liability_ insurance of not less than $1,000,000 for any one accident and property damage insurance of not less than $1,000,000, or to applicable City insurance requirements, at the time of such construction. Such insurance shall be maintained in force during the life of the project and no modifications or change of insurance coverage and provisions shall be made without ten (10) days written advance notice to the City. (r) Fiberlight LLC shall make payment to the City of Beaumont in accordance with Chapter 283 of the Texas Local Government Code. (s). Actual expenses of inspection incurred by the City in connection with maintenance of the system by Fiberlight LLC (except as provided in Paragraph k) shall be reimbursed to the City by Fiberlight LLC upon 11 written request therefore, which shall include evidence of such costs. (t) Fiberlight LLC agrees that it shall mark the location of its system within seventy-two (72) hours after receipt of notification of proposed construction. Fiberlight LLC maintains a toll-free telephone number to be called for location of the system. Should Fiberlight LLC fail to locate the system for the City within seventy-two (72) hours of request duly acknowledged, Fiberlight LLC shall pay a late charge of Five Hundred Dollars ($500) per day. In the event of a dispute concerning notice, Fiberlight LLC audio tape of telephone messages shall provide proof of notification, which tapes will be made available .upon request. Alternatively, notice may be shown by delivery of a certified letter to Fiberlight LLC. (u) Fiberlight LLC, at no cost to the City, shall keep in the City and make available upon request, complete "as built" drawings clearly showing locations and depth of all facilities. Such drawings shall be provided to the City within sixty (60) days after completion of the project. (v) This agreement may not be assigned by Fiberlight LLC to any other company or legal entity without the prior written approval by the City of Beaumont's Public Works Director, except that Fiberlight LLC may assign its rights and obligations under this agreement to Fiberlight LLC's parent, subsidiary, affiliate or successor entity without such consent, so long as the parent, subsidiary, affiliate or successor (1) assumes all obligations of Fiberlight LLC under this agreement; and (2) is bound to the same extent as Fiberlight LLC, and (3) the City is notified of the assignment within sixty (60) days and is fiunished a written document within which the assignee assumes all obligations under this license. Said consent by the City shall not be unreasonably withheld. (w) Should any other company or legal entity, other than Fiberlight LLC or Fiberlight LLC's parent, subsidiary, affiliate or successor as authorized in section (v), use the system installed under this agreement under the rights granted herein without notification of the City of Beaumont's Public Works Director, such use shall be a violation of this agreement and Fiberlight LLC will cease all use of the system and the City may take steps necessary to enforce a cancellation of this agreement, including removal of some portion or all of the system upon thirty (30) days written notice to Fiberlight LLC, its subsidiaries, affiliates or successors. The City shall give Fiberlight LLC written notice of any violation of this agreement. If Fiberlight LLC fails to correct such violations within sixty (60) days of such notice, this 5 agreement shall be immediately terminated upon said sixtieth day. Any notice to be given hereunder by either party to the other may be affected either by personal delivery in writing or by registered or certified mail, postage prepaid with return receipt requested. Mail notices shall be addressed to the addresses of the parties as follows: City of Beaumont Public Works Department PO Box 3827 Beaumont, Texas 77704 (409) 880-3725 Fiberlight LLC LLC 11700 Great Oaks Way Suite 100 Alpharetta, GA 30022 (727) 919-6005 NOTICE PURSUANT TO PARAGRAPH "S" SHALL BE GIVEN AS FOLLOW: The above -stated addresses may be changed to such addresses as the parties may from time to time designate by written notice. Commencement of work on the fiber optic system by Fiberlight LLC after the date of this agreement shall be construed as evidence of Fiberlight LLC acceptance and approval of the conditions above set forth. This agreement shall be governed by and construed in accordance with the laws of the State of Texas, including, but not limited to Chapter 283 of the Texas Government Code. This agreement embodies the entire agreement between the parties hereto and supersedes all prior agreements and understandings, if any, relating to the matters addressed herein. This agreement may be amended or supplemented only by a written instrument executed by both parties. {INTENTIONALLY LEFT BLANK} n IN WITNESS WHEREOF, the City of Beaumont, Texas, has caused these presents to be signed by its City Manager and the seal of the City to be herewith affixed by the City Clerk, this ATTEST: City Clerk ATTEST: day of , 2019. 7 CITY OF BEAUMONT By: Kyle Hayes, City Manager FIBERLIGHT LLC Tony D. Cash Title: EVP and General Counsel Phase Three will include the following 18 Beaumont ISD schools/sites: Pietzsch MacAuther Elementary Central High School/Paul Brown Charlton Pollard Elementary Dishman Elementary Bennie Hickman AG Facility Lucas Pre -School Smith Middle. School Marshall Middle School South Park Middle School Regina Howell Elementary Beaumont United High School Administration Building Trahan Center Guess Elementary Minnie Rodgers Maintenance Facility Thomas Educational Support Center West Brook High School 1E BEAUMONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Tyrone E. Cooper, City Attorney MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the settlement of the lawsuit styled Chasity GuidKy, et al vs. Daniel Guillory and Cit�of Beaumont; Cause No. D-203,613. BACKGROUND The lawsuit styled Chasijy Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D- 203,613 was presented and discussed in Executive Session held on December 10, 2019. The City Attorney is requesting authority to settle this suit in the amount of $55,000.00. FUNDING SOURCE General Liability Fund. RECOMMENDATION Approval of resolution. RESOLUTION NO. WHEREAS, the lawsuit styled Chasity Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D-203,613, was discussed in Executive Session properly called and held Tuesday, December 10, 2019; and, WHEREAS, the City Attorney is requesting authority to settle the lawsuit; and, WHEREAS, the City Council has considered the merits of the request and is of the opinion that it is in the best interest of the City to settle the suit; 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 Attorney be, and he is hereby, authorized to settle the matter of Chasity Guidry in the lawsuit styled Chasity Guidry, et al vs. Daniel Guillory and City of Beaumont; Cause No. D-203,613, for the sum of Fifty -Five Thousand and XX/100 Dollars ($55,000.00); and, BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all documents related to settlement of the lawsuit. 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 17th day of December, 2019. - Mayor Becky Ames - E BEAUMQNT TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Todd Simoneaux, Chief Financial Officer MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing a one year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000 for the period of January 1, 2020 through December 31, 2020. BACKGROUND Funding will be used for marketing Beaumont and business retention/recruitment efforts. Administration is pleased with the relationship between the City and the Chamber. FUNDING SOURCE General Fund. RECOMMENDATION Approval of the resolution. RESOLUTION NO. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Manager be, and he is hereby, authorized to execute a one (1) year contract with the Greater Beaumont Chamber of Commerce in the amount of $85,000.00 for economic development purposes effective January 1, 2020 through December 31, 2020. The contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 17th day of December, 2019. - Mayor Becky Ames - STATE OF TEXAS § COUNTY OF JEFFERSON § This agreement, executed in duplicate, is made and entered into by and between the City of Beaumont, Texas, a municipal corporation of the State of Texas, hereinafter called "City", acting herein by and through its duly authorized City Manager, and the Greater Beaumont Chamber of Commerce, a non-profit corporation, hereinafter called "Chamber", acting herein by and through its President. WHEREAS, the City believes that economic development is crucial to the continued economic success of City and believes that Chamber should be retained to carry out a program of work on behalf of City for the economic development of City; NOW, THEREFORE, in consideration of the mutual promises made herein, the City and the Chamber agree as follows: 1. City does hereby employ, engage and hire Chamber to engage in a comprehensive range of activities and projects to create jobs in Beaumont directed at economic development. The Chamber does hereby agree to accept such hiring, engagement and employment and to discharge such duties in accordance with the terms and conditions herein set forth. Pi Chamber is hired as an independent contractor and is not an agent of the City. EXHIBIT "A" 3. Chamber agrees to engage in a comprehensive range of activities and projects to create jobs in Beaumont. Chamber's program will be directed toward four separate aspects of job growth: a) retaining existing jobs; b) creating new businesses; c) expanding existing businesses; and, d) attracting new employers. To achieve these goals, the Chamber will maintain a capable paid staff with necessary expertise; recruit and organize volunteer workers from the community; maintain contacts and relationships with primary economic development allies of both public and private offices; gather and publish necessary information and statistics for prospects; maintain and build relationships with management of existing businesses; and promote any other specific activities or projects which will contribute to an environment conducive to job growth. 3 City hereby agrees to pay to Chamber during the term of this agreement Eighty - Five Thousand Dollars ($85,000). Payments of Twenty -One Thousand Two -Hundred Fifty Dollars ($21,250) will be made upon receipt of invoice dated in January of 2020, April 1, 2020, July 1, 2020 and October 1, 2020. Chamber agrees to expend in excess of One- Hundred -Thousand Dollars ($100,000) in other Chamber funds for the purposes outlined in paragraph 3 hereof. 5. In conjunction with its annual audit, Chamber agrees to audit, on a review basis, the functional areas outlined in this agreement. Chamber agrees to provide City a copy of the report done by Chamber's certified public accountants on an annual basis. 2020. The term of this agreement shall be from January 1, 2020 until December 31, 7. Chamber agrees to indemnify, save harmless, and defend the City of Beaumont from any and all claims, causes of action and damages of every kind arising from the operations of the Chamber, its officers, agents and employees, including the officers, agents and employees involved in economic development and specifically including herein any and all acts of negligence by the City of Beaumont, its agents, officers or employees, carried out under the terms of this agreement. Chamber shall carry, or cause to be carried, general public liability and automobile liability insurance on all operations embraced by this agreement in the amount of Five -Hundred Thousand Dollars ($500,000) for each occurrence and property damage liability insurance in the amount of Twenty -Five Thousand Dollars ($25,000) for each occurrence. Said liability policies shall include contractual liability coverage in the same amounts as stated herein. Said insurance policies shall name the City of Beaumont as an additional insured. Said policies or duplicate originals thereof shall be filed with the City Clerk, or her designated representative, before any operations contemplated by this agreement are begun. EXECUTED in duplicate originals this the day of 2019. CITY OF BEAUMONT Kyle Hayes City Manager ATTEST: City Clerk GREATER BEAUMONT CHAMBER OF COMMERCE In ATTEST: 91 Name: Title: Chairman of the Board BEAUMONT TEXAS REGULAR MEETING OF THE CITY COUNCIL COUNCIL CHAMBERS DECEMBER 17, 2019 1:30 PM I:�"X 17.1 CALL TO ORDER * Invocation Pledge Roll Call * Presentations and Recognitions * Public Comment: Persons may speak on scheduled agenda item No. 1/Consent Agenda Consent Agenda GENERAL BUSINESS 1. Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston, to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for Fiscal Year 2020 WORK SESSION Review and discuss Flood Plain Management Services provided by the Army Corp of Engineers COMMENTS * Public Comment (Persons are limited to 3 minutes) * Councilmembers/City Manager comment on various matters EXECUTIVE SESSION Consider matters related to appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee in accordance with Section 551.074 of the Government Code to wit; specifically: Joseph J. Pitre Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact Kaltrina Minick at 880-3777. 1 December 17, 2019 Consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston, to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for Fiscal Year 2020 BEAU-MONT TEXAS TO: City Council FROM: Kyle Hayes, City Manager PREPARED BY: Dr. Joseph Majdalani, P.E., Public Works Director MEETING DATE: December 17, 2019 REQUESTED ACTION: Council consider a resolution authorizing the City Manager to execute an agreement with CDM Smith, Inc., of Houston, to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for Fiscal Year 2020. BACKGROUND On October 16, 2012, by Resolution No. 12-249, City Council awarded CDM Smith, Inc., of Houston, an agreement for Professional Engineering Services to manage the MS4 Permit. The manager of the permit conducts dry and wet weather screenings of our five (5) major outfalls in the City. Under the permit, the City is required to submit an annual report summarizing activities and results of the screenings and other inspections conducted throughout the year which CDM Smith, Inc., has successfully completed on the City's behalf since 2012. If approved, the total services and expenses shall not exceed $250,000.00 without the City's prior written authorization. FUNDING SOURCE General Fund — Public Works Department. RECOMMENDATION Approval of the resolution. RESOLUTION NO. 12-249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of an Engineering Services Agreement to CDM Smith, Inc.; of Houston, Texas, in an amount not to exceed $240,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2012. AA"AAM& MIVI `�,/ RESOLUTION NO. 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 Engineering Services Agreement with CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $250,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. 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 17th day of December, 2019. - Mayor Becky Ames - ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer System Permit SECTION 1 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 CDM Smith, 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 manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA and represent the City on permit renewal modifications. The Engineer will conduct employee training at City departments and provide Storm Water Management Program (SWMP) implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform Stormwater Management Plan (SWMP) implementation activities for BMPs and review implementation priorities as requested by the City. Engineer will perform other duties as required by the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2020 (October 1, 2019 through September 30, 2020). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2020 Storm Water Agreement 1 EXHIBIT "A" 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. II. Basic Services A. Meet with the City to determine SWMP implementation priorities and the schedule for project. Manage overall program in conjunction with City staff. Conduct monthly progress meetings and monthly check-in conference calls. B. Conduct required monitoring. 1. Representative monitoring. a. Preparation for sampling events, including procurement and maintenance of - sampling equipment as required by the City. b. Collect composite samples during three seasonal events at five locations. c. Submit samples to appropriate laboratory including sample preservation, chain of custody, and sample volume calculations based on flow estimates developed using DD6 stage measurements. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA via the MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring will be conducted quarterly at the five locations as required by the permit. 2. Dry weather screening. a. Meet with City to define priorities for outfall locations for screening. It is estimated that 100 dry weather screenings will be conducted as part of the dry weather monitoring task. b. Onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Reporting of illicit discharges and tracking elimination efforts as per project standard operating procedures. d. Review and confirm previously identified outfalls e. Development of drainage area delineations for outfalls as requested by the City f. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening (per schedule defined in Bacteria Reduction Plan and/or permit). a. Identification of and field investigation of wet weather screening locations b. Field sample collections and test kit analysis. c. Reporting of illicit discharges and tracking elimination efforts. FY 2020 Storm Water Agreement 2 d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi -Sector General Permit (MSGP) monitoring. a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Inform the City.of results and any problems with associated industrial screenings or discharges. d. During one of the three representative monitoring sampling activities Engineer will perform landfill sample collection. 5. Maintain database and GIS map for tracking major outfalls inventory. a. - Update database with results from this permit year outfall inventory (100 outfalls). b. Engineer will identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c. Engineer will provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections 1. Perform annual comprehensive inspections for the following City facilities: a. Beaumont Municipal Landfill b. Beaumont Municipal Wastewater Treatment Plant c. Beaumont Municipal Airport d. Beaumont Municipal Transit D. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance as required 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement as needed. 3. Provide Draft of annual report to City staff by January 15, 2020 -4. Submit MS4 Annual Report to TCEQ by February 1, 2020 E. Storm Water Management Program Implementation. 1. Conduct employee training at city departments during the SWMP workshops as described in Section H. 2. Maintain quarterly tracking spreadsheets for annual reporting. 3. Provide on call support as requested by the City within the contract upper limit which may include the following activities: a. Update guidance documents, inspection forms and outreach materials FY 2020 Storm Water Agreement 3 b. Total Maximum Daily Load Program Support c. Support the city in updating the industrial facility inspection tracking system. d. Municipal construction site audits to assess compliance with TCEQ construction general permit. e. Other relevant SWMP implementation technical guidance. F. Inspection Services. 1. Industrial Facility Inspections. As requested by City, Engineer will attend industrial inspections with City inspector. a. Preparation and initial facility research. b. Facility compliance records review. c. Review facility benchmark monitoring records and record information into centralized tracking spreadsheet. d. Facility walk-through and inspection report completion. e. Review correspondence with industrial facility. f. Implementation of associated enforcement actions and related correspondence. g. Engineer has estimated to assist the City in inspection of up to 10 industrial facilities. 2. Industrial Facility Inspection Training. a. Conduct industrial facility inspection training with the City's Fats, Oils, and Grease (FOG) team. b. Conduct stormwater inspection training and coordination with the City's Pre- treatment Team as requested by the City. c. Conduct industrial facility inspections alongside the City's FOG and Pre-treatment teams. d. Engineer has estimated 2 days of City staff training. G. Permit Renewal — As requested by the City, provide support for permit renewal. 1. Review of draft permit 2. General permit Notice of Intent and SWPPP modifications as needed. 3. Represent City in permit negotiations with TCEQ/EPA. H. New SWMP Development — The new SWMP development task is expected to extend into fiscal year 2021 based on the timing of issuance of the new permit. The activities outlined below constituent the activities expected to complete the task between fiscal year 2020 and 2021. Fiscal year 2020 tasks as part of this contract will be completed as allowed by the upper limit of this contract. 1. Conduct one overall workshop planning meeting with the City. 2. Develop workshop materials. 3. Conduct up to four departmental workshops to include MS4 training and brainstorm measurable goals for relevant BMPs. Workshops may include multiple departments as FY 2020 Storm Water Agreement 4 appropriate. 4. Conduct workshop with DD6 to develop measurable goals for DD6 BMPs 5. Compile a draft SWMP from workshop output and send out for review by the City. 6. Finalize SWMP from City comments and submit to TCEQ. 7. Represent City in SWMP review process with TCEQ as needed. It is estimated that TCEQ coordination will begin in FY 2020 but final approval of the SWMP will likely extend into FY 2021. For FY 2020 it is estimated the Engineer will attend one review meeting with TCEQ to review SWMP updates and comments. 8. Conduct multi -department meetings to present final SWMP requirements to all relevant departments. III. Special Services (not applicable to this agreement) IV. 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 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. b. Preparation of any special reports, applications for permits or grants, and appearances before any regulatory agencies or public hearings. c. Any revisions of previously approved work. d. Any travel and subsistence to points other than Engineer's or City's Offices and Project site. e. Preparation of exhibits. f. Additional services due to significant changes in scope of Project or its design including but not limited to changes in size, complexity, or character of construction as agreed to by both parties. These tasks maybe authorized at the direction of the Public Works Director. V. Coordination g. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter 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 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 FY 2020 Storm Water Agreement 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 instructed to do so by the Director. h. 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. The City will give prompt written notice to 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. j. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule k. 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 I1, 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 shall not exceed $250,000 without the City's prior written authorization. Engineer will work to the upper limit of this contract based on the activities and assumptions described in Sections II, III, and IV of the contract. Engineer will provide monthly progress reports to the City documenting activities performed and costs incurred. C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. 1. City Payments FY 2020 Storm Water Agreement 6 a. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: i. 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. The City'reserves the right to make an audit of charges claimed for this agreement for services. 2. Revisions to Drawings and Specifications (not applicable to this agreement) 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. 3. 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 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 City's sole risk and without liability or legal exposure to Engineer. 4. 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 FY 2020 Storm Water Agreement % this Agreement is terminated, but subject to the restrictions, as to their use, as set 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. 5. 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 solely 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. 6. 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. 7. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. 8. 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 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: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident/ $1,000,000.00 per occurrence. FY 2020 Storm Water Agreement 8 These 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 provision shall be made without thirty (30) days written advance notice to the City. 9. 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. 10. 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. 11. 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 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 instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Amber Batson thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH By. �Yw Principal Attest.: FY 2020 Storm Water Agreement 9 day of , A.D. 2019. CITY OF BEAUMONT By: City Manager Attest: ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE FY 2020 Stormwater Agreement CDM Smith (Aulosaved).docx CDM Smith 11490 Westheimer Road, Suite 700 Houston, Texas 77077 tel: 713-423-7300 December 4, 2019 Mr. Joseph Majdalani, P.E., Ph.D. Public Works Director City of Beaumont 801 Main Suite 200 Beaumont, Texas 77704 Subject: Municipal Separate Storm Sewer System (MS4) Contract FY 2020 Dear Dr. Majdalani: CDM Smith is pleased to submit the attached proposed contract to assist the City of Beaumont implement their MS4 program. The attached contract and proposed scope and fee include the following breakdown of activities. Task Houcs Fee' Program Management 106 $ 21,050 Project Planning and Coordination Meetings 190 $ 37,750 Monitoring (includes $52,000 for Chica for field work assistance and $15,000 for the Lab) 681 $ 91,200 Annual Report 208 $ 33,390 Stormwater Management Program Implementation 168 $ 27,530 Industrial Inspections 56 $ 8,360 Permit Renewal Support 70 $ 13,270 Stormwater Management Plan Development (Activity to start fiscal year 2020 and complete in fiscal year 2021.) 105 $ 17,450 Totall 1584 1 $ 250,000 We look forward to the opportunity to continue working with the City on this important project. Should you have any questions on the proposed contract, please feel free to call (713) 423-7300 to contact either Kim Chanslor (chanslorkm@cdmsmith.comor Amber Batson (batsonam@cdmsmith.com) at anytime. Very truly yours, Kim Chanslor, PE Amber M. Batson, PE Project Manager Principal -in -Charge CDM Smith Inc. CDM Smith Inc. TBPE Firm No. F-3043 TBPE Firm No. F-3043 WATER + ENVIRONMENT +TRANSPORTATION + ENERGY + FACILITIES Attachment A Schedule of Hourly Billing Rates CDM Schedule of Hourly Billing Rates October 1, 2019 through September 30, 2020 Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician I $105.00 Technician II $130.00 Professional I $115.00 Professional II $125.00 Professional III $145.00 Professional IV $155.00 Professional V $165.00 Senior Professional $180.00 Principal/Associate/Senior Technical Specialist $225.00 Vice President / Senior Vice President / Officer/Senior $290.00 Technical Consultant Monthly invoices will be generated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling/administrative charge of 10%. Other project related expenses (ODCs) are also subject to a 10% administrative charge. Smith 1 Chica and Associates October 1, 2019 through September 30, 2020 Chica & Associates Technical/Professional Services: Clerical/Administrative Engineering Technician EIT Project Engineer Senior Project Engineer Project Manager $53.00 $71.00 $80.00 $110.00 $140.00 $163.00 All sub -consultants (OP) expenses are subject to a handling/administrative charge of 10%. Other project related (ODC) expenses are also subject to a 10% administrative charge. Monthly invoices will be generated using the above billing rates. 2 WORK SESION * Review and discuss Flood Plain Management Services provided by the Army Corp of Engineers Flood Plain Management Services -'Lr ti-je auth Frit � provided by Section 206 of the 1960 Flood Control Act (PL ces and � dance that e�rteer d�� of E,� ar}eers can provide the full ra pge of eneralctechnical °al a s stance efforts under this prograrn r �� 4 - ,t Laa ct. e flood plain management. �• size -specific data on obstructions to flood fiovis, flood formation, and tinning; iti�£iux' sdel.er'ili�ii3'a�• irocddeL s, sages or floodwater velocities; the extent, duration, and frequenc�,� of flood'ortg; - 4 n or, natural and cultural flood plain resources; and flood loss potentials before and after the :ef ;ifcr d plaJra management measures. Types of studies have been conducted under the MAS gg: mirldude: flood plain delineation/hazard, dam failure analyses, hurricane es�acua, flood ,od:�;, flood damage reduction, storm water management, flood proofing, annddninventories piflocd prune structures. Ting Requirements. Efforts under this program are generally conducted at 100 percent Federal ept in those instances where the requester is another Federal agency or a prate pert/ in she % irk � conducted on a 100 percent cost recovers/ basis. ire process for FKAS assistance begins after a state, regional, local government, or )T Pmcess.tafran Bribe requests Corps of Engineers assistance under the program. When funding isMS-4:de, the Corps of Engineers `..pili %work with the requesting organization to develop a scope of lee; - aw=e-mbfe the appropriaLe study team for the effort being requested. At their option, the ar$i?ation maprop.►ide voluntary contributions tolvard the requested services to expand 0T accelerate the provission of those services. All requestors are requested to furnish .available s_j ej r-sta�,,-n ps, hi5=iorical flood information, etc., to help reduce the cost of sera�it-ws. t-; lt�• F Cosi z -73, #4Z. aim-4startce is 100 percent federally+ C r Fedieral agerides and private parties rt•Frit of the costs of all Final Design/ Construction Costs The program does not give the Corps the authority to complete detailed final designs construction acthri less. E� , 5#�SiSt0.nc- .. Ri-qu sts lar assistance Should be in the tr�rrn o3 3lei�cr'Chat •cif aL d r #e�+ ire Of �' ressl�Ti ;o be Aiga e �^�.: o t3. lilt regL,� cn�Pli3 chi SLy'rt�F'=dy as,sl 1' tyreAmerican Indian tribe toCc.am"ii=r �t. N. trstir rsi, .s" crf(-i i} 5 . l.�i E r�GCj Co35 of E,rO gjraters, Gabraseora DLirict, 2930 Fort, Peint P' ,(`� T/, ,i''r" •.s�"3'C i!r, 6'fii b�'r E:' L:-u.o af'�elir 66a �tiori:cali 1-4 8AcCrack--n MaiT-s -7 9�_ k', tt