HomeMy WebLinkAboutRES 19-296RESOLUTION NO. 19-296
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.
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
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 may be 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 5
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 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 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: �,Q/ -U% � I�jc�you
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 Stormwaler Agreement CDM Smith (Autosaved).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
Hours ;.
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 $15,000forthe 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
Total
1584
$ 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.com) or 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
La
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
Clerical
Staff Support Services
Senior Support Services
Technical/Professional Services:
Technician I
Technician II
Professional I
Professional II
Professional III
Professional IV
Professional V
Senior Professional
Principal/Associate/Senior Technical Specialist
Vice President / Senior Vice President / Officer/Senior
Technical Consultant
Monthly invoices will begenerated 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
Hourly Rates
$85.00
$105.00
$140.00
$105.00
$130.00
$115.00
$125.00
$145.00
$155.00
$165.00
$180.00
$225.00
$290.00
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