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HomeMy WebLinkAboutRES 20-264RESOLUTION NO. 20-264 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 24th day of November, 2020. - '-MiVyor Becky Ames - BEAUMONT TEXAS 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 in the Storm Management Program (SWMP) plan update process. The Engineer will conduct employee training at City departments and provide 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 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 2021 (October 1, 2020 through September 30, 2021). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2021 MS4 Permit Support Services City Engineer EXHIBIT "A" BEAUM©NT TEXAS 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. H. Basic Services A. Meet with the City to determine SWMP implementation priorities and the schedule for project. B. Conduct all 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 120 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. 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. d. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. FY2021 MS4 Permit Support Services 2 City Engineer BEAUMONT TEXAS e. It is estimated the Engineer will conduct 20 wet weather screenings throughout the permit year. 4. Landfill Multi -Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required by MSGP). 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. e. Assist in investigation of any problems with associated industrial screenings or discharges to the requirements of the MSGP. 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. MSGP Renewal for Municipal Sites 1. Review of new MSGP permit set to be effective August 14, 2021 for any changes or new regulations from previous permit. 2. File Notice of Intents (NOIs) for Municipal owned sites (Municipal Landfill, Municipal Transit, Municipal Airport, and the Municipal Wastewater Treatment Plant). 3. Coordinate with the City to pay appropriate fees for filing under the new MSGP. Engineer will coordinate with the City so that City can make the payment. 4. Site review and updates to Stormwater Pollution Prevention Plans (SWPPPs) for all 4 sites based on new MSGP requirements. 5. Update Site maps. 6. Certification of No non-stormwater discharges and review of site outfalls. E. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests FY2021 MS4 Permit Support Services 3 City Engineer BEAUMONT TEXAS 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, 2021. 4. Submit MS4 Annual Report to TCEQ by February 1, 2021. F. Storm Water Management Program Implementation. 1. Provide materials for department MS4 training. 2. Conduct employee training for city departments. It is expected that training will be conducted in conjunction with the SWMP requirements workshops as described in Section H. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. It is expected that the development of these programs will extend into fiscal year 2022 based on the approval timeframe of the approved SWMP. 5. 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. 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 access compliance with TCEQ construction general permit. e. Other relevant SWMP implementation technical guidance. G. Inspection Services. 1. Industrial Facility Inspections. As requested by City, one 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. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results from industrial sites. 3. Industrial Facility Inspection Training. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as FY 2021 MS4 Permit Support Services 4 City Engineer BEAUMONT TEXAS requested by the City. H. New SWMP Development — The Draft SWMP is expected to be completed and submitted to TCEQ under the fiscal year 2020 contract and Amendment 1. The activities outlined below constituent the activities expected to complete during fiscal year 2021 under this contract. 1. Represent City in SWMP review process with TCEQ as needed. It is estimated the Engineer will attend two review meeting with TCEQ to review SWMP updates and comments. It is estimated the Engineer will be required to update the SWMP twice based on TCEQ SWMP review comments. 2. Conduct multi -department meetings to present final SWMP requirements to all relevant departments and discuss tracking for the annual report. 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. G. Providing services after issuance of Letter of Acceptance from the City. V. Coordination FY 2021 MS4 Permit Support Services 5 City Engineer BEAUMONT TEXAS A. 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 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. B. The Director will act on behalf of the City with respect to the work to be performed under this Agreement. He shall have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes or otherwise becomes aware of any defect (error or omission) in the Engineer's services or any development that affects the scope or timing of Engineer's services. D. The City shall furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be determined to be necessary by the City for the completion of the Project. The Engineer will provide the City reasonable assistance in connection with such approvals and permits such as furnishing of data compiled by the Engineer pursuant to other provisions of the contract, but shall not be obligated to develop additional data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions on this contract. E. The Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. VI. Fee Schedule A. General For and in consideration of the services to be rendered by the Engineer in this Agreement, the City shall pay and the Engineer shall receive the compensation 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. The level of effort for Basic FY2021MS4Permit Support Serices 6 City Engineer BEAUM©NT TEXAS Services described in Section II is based on the estimated hours and fee for each task documented in Attachment B. The expected LOE of effort for subcontractor activities including monitoring field work support and laboratory services is $60,000 and $10,000 respectively as noted in Attachment B. 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. VII. City Payments A. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: 1. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. B. Payment shall be made within thirty (30) days after submittal of the request for payment for work performed. Payment shall be considered past due forty-five (45) days after submittal. C. The City reserves the right to make an audit of charges claimed for this agreement for services. VIII. 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. IX. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the 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. FY2021MS4Permit Support SeMces 7 City Engineer BEAUMONT TEXAS X. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: A. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIH. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working 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. XII. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action Plan as set forth by the City. XIII. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. XIV. IndemnificationlLiability FY2021 MS4 Permit Support Services 8 City Engineer BEAUM©NT TEXAS 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. 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. XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. XVI. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. XVII. 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. FY2021 MS4 Permit Support Services 9 City Engineer BEAUMONT TEXAS 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 Gregory Shaw thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH By: Principal Attest: day of , A.D. 2020. CITY OF BEAUMONT IN Attest: City Manager FY2021 MS4 Permit Support Services 10 City Engineer BEAUMONT TEXAS ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE FY 2021 MS4 Permit Support Services BEAUM©NT TEXAS Attachment A Schedule of Hourly Billing Rates CDM Smith Schedule of Hourly Billing Rates October 1, 2020 through September 30, 2021 Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician 1 $105.00 Technician II $130.00 Professional 1 $115.00 Professional 11 $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/ $290.00 Senior 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. FY 2021 MS4 Permit Support Services A-1 City Engineer BEAUM©NT TEXAS ATTACHMENT B LEVEL OF EFFORT BREAKDOWN FY 2021 MS4 Permit Support Services T FY 2021 MS4 Permit Support Services B-1 City Engineer CDIMM SM, JS State Street, Sufte 701 Boston, Massachusetts 02109 tel: 61745,2-6000 Ms. Ama.lia Villarreal, RE. City E,ngineer City of Beaumont 801. Main, Suite 210 ,Beaumont, Texas 77704 Subject", Municipal Separate Storm m Sewer System SContractFY'2021 Dear ors. Villarreah, CDM Smith 'is, pleased to submit the attached proposed contract to assist the City of'Beaumont implement t their S4 program,. The attached contract and proposed scope and fee include the following breakdown of activities. i 121M ...... Project Management ent 100 $ M035 P roject P [a rr n in g a n cl Colordi n, at o n M eetincr, 25 $ 25J25 Monitoring in l d$60,,0100 for Chica for field work i t nce and $10,,000 for En it d rye for lab services , MSGP Annual Comp Inspections 20 $ 3, 10 MSG P Renews l 2 31100 Annual Report 1 $ 3 155 Storm,water Management Program Implementation 2 $ 351975 Inspection Services 80, $12,900 N ew SW M P Deve lo p m e, nt 140 $22,250 Tota 1 1600 $250,000 We look forwilardto the opportunlity,to continue working with the CI'ty on this w contract,I,rou have any questions on the proposed. e feell free WATER ENVIRONMENT + SI B ENERGY + FACILITIES B,E.AUMO;N7 T E X AS ENGINEERING SERVICES AGREEMI-,--1',`NT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR Engineering and Related Scx�rvices for Municipal Separate Storm Sewer System Permit SECTION I 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 CAM Smith, duly ficensed, and practicing under the laws, ofthe State of Texas,, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and, 4, Ordinances and Resolutions of the City Council,, and by said Engineer for the Engineering Smices hereinafter set or in, connection with the above designated Project for the City of Beaurnont. 1. General 0 A. Detailed Project Descri,ption The Engineer will manage the Municipal Separate Storm Sewer System (MS 4) Permit for 4 the City of Beaumont. The Engineer will. conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenin gs, and industrial monitoring. oil The Engineer wi I u prepare and submit an Annual Report to the TCEQ and EPA and represent the City in the Storm Management Program (SWMP) plan update process. T he Engineer will conduct employee training at City departments and provide SWMP I I implementation activities for Best Management Practices (BMP's). The Engineer w* 1.1 assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall perform SWAP implementation activities for BMPs and review 4, nta0 implemetion priorities as requestedby the City. Engineer will perform, other duties as, required by the MS 4 Permit. -r- 0, B. Tire of performance for this contract coincides with v % iscal Year 2021 (October 1, 2020 throug h September 30, 2021).. The Engineer shall not �commence work on this proposed 1� If, 0, Prej,ect until he has been notittedin writing to proceed. FY 2021 MS4 Permit Support, Services bigineer CI ty SEAU'MONT I T E X A S T'he Engineer, in consideratlon for the compensation herein provided, shall render all. 1 professional services, including any associated subconsul.tan.ts,, necessary for the development of the Project to completion, as prov�ided 'in this Agreement. 11. Basic Services 0 W 4, A. Meet with the City to determine SWMP im—plementation pr�iorities, and the schedule for proi ect. B. Conduct all required 'Mon itoring. 1. Representative monitoring. a. Preparation, for sampting events, including procurement and maintenance of sampling equipment as requiredby the City. b. Collect composite samples dur�ing three: seasonal events at five locations. e. 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 DER forms for data submission to the 'T'C.EQ/EP,A via the MS 4 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. Meetwith City to define priorities for outfill locations for screening. It is esti'mated that 1,20 dry weather screenings will be conducted as part of'th,e dry weather momtoring task. b. Otisite test kit analys,is of dry, weather flows as per project standard operating proved-ut.-es, c.Reporting of 111.1cft 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. assoctated scrins or discharges and methods, to resolve problems. 3. Wet weather screening. a. Identification of' and field investigation of wet weather screening locations b. Field sample collections and, test kit a.al y&ls. c. Reporting of illicit discharges and, tracking elimination efforts,., d. Inform the City of any problems with associated sct-,eenins or discharges and methods to resolve problems. Engiiieer FY 2021 MSS Permit SUpport Services 2 City e. It is estimated the Engin eermill conduct 20, wet weather screenings throughout the pert -nit year. 4. I.Iandfill MUlti-Sector General Permit (MSGP) monitoring (conducted during wet weather screenings as required, by MSGP)., a. Laboratory sample collectwn and preservation,. b. Laboratory submIssilon and cha,�Iii. 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 perf-birm landfill sample collection. e.Assist in investigation of any problems with as,sociated industr�ial, screenings or discharges to the requirements of the MSGP. 5. Maintain database and GAS map for tracking m,ajor outfalls, inventory. ,a. Update database with results frorn, this permit year outfall inventory (100 outfall,$) b. Engineer will identify any duplicates related to the estimated 100, otfillls inventoried during the permit ern update the database accord ingly., c,. Engineer will provide updated database and status r,eportto the City on a, quarterly basis, C. M.SG,P Annual Comprehensive Inspections 1. Peiform, annual comprehensiveinspections for the following City facilities: a., Beaumont Municipal Landfill., b. Beattmont Municipal Wastewater Treatment Plant., c. Beaumont'Municipal All -port. d. Beaumont Municipal T'ransit., D. MSGP Renewal. for Municipal Sites 1. Review of new MSG', permit set to be effective August 14, 2021 for any changes or new regulations from previous, permit. 2. File Notice oftntents COI for Municipal owned sites (Municipal Iandfill., Municipal Transit, Munici I Municipal "Wastewater Treatment Plant). ,pal Airport, and the 3. Coordinate with the City to pay appropriate fees for filing under the new MSGP. En # coo gin will. rdinate with the City so that City can make the payment. 4. Site review and updates to Stormwater Pollub"on Prevention Plans (SWPPPs) for all 4 sites based on new SG qu* I M P rei,rements. 5 Update Site maps. 6. Certification of No non-stort'nwater discharges and review of site outfall.s. E. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterIv data reauests City Etigineer FY 2021 MSA Permit Support Services 3 BEAUMONT T E X A S to assess compfi,ance as required. 2. Gather required data for the annual report using tracking spreadsheets and submit methods of irnprovement. as needed. 3. Provide Draft of annual report to City staff by January 15, 202 L 4. Submit MS4 Annual Report to TCEQ by February 1, 202 1. F. Storm'Water Management Program Implementation. 1. Provide materials for department MS4 training. 9 4 ll be 2. Conduct employee training for city departt-rients. It is expected that training wi conducted 'in conjunction with the SWM.P, requirements workshops as described in Section H. 3. Maintain quarterly tracking spreadsheets for annual reporting. 4. Assist the City in development of new SUM P prgrams, procedures and educational materials as required by the new permit and TCEQ approved SWMP within the contract upper limit. It is expe cted that the develo ' pment of og these prrams will extend into, fiscal ear y2022'ba,sed on the approval timeframe of the approved S,WMP. 5., Provide on call support as requested by the City within, the contract upper limit which may include the following activaiest. a 'Update guidance documents inspection forms and outreach, rnaterials., bo Toptal Maximum Daily 1,.,o,a,d Program support. c. Support the City 'in updating the industrial facility inspection, tracking system. d. Municipal construction site audits to access compliance with TCEQ construction general permit. e. Other relevant, SWMP implementattion technical guidance, G. Inspection Services. I . Industrial Facility Inspections. As requested, by City, one engincer will attend industrial inspecti,ons with City Inspector. a. Preparation and, ini'tial facility research. b. Facility, compliance records review. c. Review facility benchmark monitoring records and, record information into centralized tracking sp17eadsheet. d. Facfl.1ty 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 industriial facilibes., 2. Provide on call industrial facility documentation review and correspondence including assistance in review of SWPPP materials and analytical results, from iii.dustrial sites. 3. Industrial Facility Inspection r 1 ��-4 raining. a. Provide inlug. str�ialinspectton training materials. b. Support the city in the updating the industrial facifity inspection trackim system as FY 2021 MS4 Permit Sapp od ServiC ity ..-,Eiigineer BEAUMONT T E X A S requested, by -the City. �H. New S,WM.P, Development — The Draft SWMP is expected to be completed and submitted to TCEQ under the fiscal year 20�20 contract and Amendment 1. The activities outlined below constituent the activities expected to complete during fiscal year 2021 underthis contract., 1. Represent City in SW'MP review 'process with, 'TCEQ as needed,. It is estimated the Engincerwill attend, two review meeting with TCEQ to review, SW MP updates and comments. It is estimated the Engineer will, be required to update the SW MP twice based on TCEQ SWMP review coinments,. 2. Conduct multi-depailment rneetings to present, final SWMP requirements to all relevant departments and discuss tracking for the annual. report. 111. Special Services (not applicable to this agi,,*eenieni) MAdditIonal Services All work that w�ill, 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 Servi'ces shall include,, but are not limited to the following: A. Sices required by the City in any libigabion or other controversy as an expert witness, including actual, testimony time, stand-by wa,iting time, preparation of engineering data and reports or deposits .ons and consulting with the; City orits attorney,. B. Preparation ofany special repwls, applications for permits, or grants, and appearances b�ee any, regLIlatory agencies or pubtic hearl ngs. C. Any revisions of prevwusly approved work. D. Any travel and subsistence to points other than Engineer's or City's, Offices and Project site. E. Preparation of exhibits. 0 F. Addalonal servIces due to, &Ignificate t changes in s,cop�e of Project or 'its de&ign InCILI-ding but not limited, to changes in size, coinplexi,ty, Oil" character of construction as agreed, to by both parties,. These tasks may be authorized at the direction of the Public Works Director. G. Providing services after, 'issuance of Letter of Acceptance from the City. V. Coordination FY 2021 MS4 Permit SUpport Services 5 City E n gi ri� e r �NI><��; (�/%al rJ ��, 11�� � ����a I/'� � �!J ltiy(JJI �JJ� -TE XAS A,., The nngineer shill hold monthly con-ferences with the Public Works Director, her em.after 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 Engmeer in this coordinabon, the City shall make avaflable f6r the Engineer's LISP in planntng and designing the project all exits iplans, maps, field notes, statistics I computations, and other data in its p�oss esslon relative to existing facilittes and' to this particular Project, at no cost to the Engineer. However, any and all such Information shall rep the property of the City and shall. be returned, if instructed to do so by the D 0 irector. B. "I"he Directot- 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 materiats, equipment, elements and systems pertinent to Engineer's services. C. The City will give prompt written notice to the Engineer whenever the City observes oil'- otherwise becomes aware of any defect (error or ornission) in the Engineer's services 11 inner' or any development that affects the scope or timing of Engs, services. D. The City shall famish approvals and permits from all governmental authorities having jurisdiction over the Project, and such approvals and, consents from others as may be determined to be necessary by the City for the completion of the: Project. The Engineer will provide, the City reasonable assistance In connection with such approvals and permits such as ftirnishing of data compiled by the: Engiineer pursuant to other provisw,ns of the contract, but shall not be obligated to develop additiona,l data, prepare extensive reports or appear at hearings or the like unless compensated therefore under other provisions w.1, this contract. E. The Engineer shall. promptly report, in writing, to the City of any development that woul,d, affect the scope or timing of the Pro' ect. i V1. Fee Schedule UNNIMM For and in consideration of the services to be rendered by the Engineer in this Agreernent, the City shall pay and the Engineer shall receive the compensationhereinafter set forth. for the Engineer's services described in Section. s, 11, 111, 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 11ourly Rates and Expenses shown on, Attachment A. The Engineer agrees that the total services and expenses shall not exceed $,2,50,000 without the City's prigor written authorization. The level of effort for Basic FY 2021 MS4 Permit Support Services 6, City Engineer E A U M 0 N T E XA S Services described 'in Section, 1.1 is based on the estimated hours and f-ce for each, task documented In Attachment B. The expected LOE of effort for subcontl7acfor activities 0 1 1, n.cluding monitoring -field work support and laboratory services js $60,000 and $10,000 respectively as noted in, Attachment B. 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 ti.m.e the Additional Services are requested. VIL City Payments A. Payments, shall 'be made to the Engineer based on the several phases as described above and in accordance with thefollow.ing: 4 L 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 worIc performed. Payment shall nsWered 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. VIII. Revisions to Drawings and SPecifications (not applicable to this agreement) The Engineer shallmake, 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' a p proval, of the Design Flues ley the City,, any revisions d*t* other modifications made I ad i i.ons, or at, the City'request that 'Involves extra services and expenses to the Engineer shall be subject 0 and e to additiona,l compensation to, the Ln.gineer for such extra ices xpenses., se,rvo �M= All documents, including the originaldrawings , estimates, sp ec ificat ions, field, notes and data, will remain the property of the Engineer as instruments of service. Flowever, it is to be understood that the City shall have free access to all such infiormation 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 so�le risk and without liability or legal exposure to Eng�tneer. FY 2021 MS4 Permilt Suppor,t Services 7 Cit Engineer Y BEI I I TAUMO ,N X Term.mation Either party to this Agree 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 1 1 1. the gir nneeshall submil't a, statement w sho�i,,.ng in after recei,pt of notice of term "nation., detail the services performed, under this Agreement to the date of termination. The Owner shall then pay the Engineer prmptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and ble to this Project, less such payments on account of the charges as have been previously made. Copies, of ffications prepared under this Agreement, shall be delivered to the City when and If speci I this Agreement 14s, term inated, but subject to the restrict,ions, as to, their use, as, set, forth in Section VIIL R. Fai',Iure by the Engtneer to cornply 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 right fUlly be entitled to for services performed under this Agreement. X.I. Engineer's, Warranty 11 he 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 ay any company or person., other than a bona. fide employee working solely for the Engineer, any fee, commission, percentage, brokerage f6e, gift, or any other consideration, contingent upon or resulting froln the award or making of this contract. XIL Equal Employrn.ent Opportunity, 0 The Engineer agrees to follow the Minority, Business Enterpi,-ise requirements and/or develop an -Affirmative Action . Plan as set forth by the City. XIIL Assignment orl"ransfer of Interest I Y., j ne rngineer shall not assign ortransfer its interest in the Contract, without the written consent of the City'. XIV. Indemnification/Ltability FY 2021 MS4 Permit Support Services 8 c1ty E ii g i rice r B�TEUOAMN I �TEXAS TheEngineer shall save and hold harmless the City from all chime and liability due to activities of himself, his agents, or emp,loyees, performed under this Contract and which result fro�m a negligent act, error or omission inner of the En * neer or of any person employed by the Engineer. 0 'lieEn g�lneer shall also save harmless the City fro�m any and all expenses,, including attorney lca* fees which might be incurred by the City in litigafio�n or otherwise resisting said lim or liabilities which might be imposed on the City as result of such activitiesby the Enine ger, his agents, or employees and for which the Engineer is found to belegally liable. The Engineer shal,l, within one week after signing the contract and before any work. shall start,, furnish the city with certificates, of insurance namittig the City as addftional insured satisfactory to the City, indicating the existence of Statutory Workmen's, Compensation Insurance, and 11 a comprehensive General I iabflity Insurance,. Such insurance shall be at the Engineer's, expense. The limits shall be as follows: Com."rehensive General Lia4i[ity and Auto 'Liability Insurance shall not be less than F $1, , per incident $ 1,000,000. 00 per occurrence., 11 These certificates, shall contain a provision teat the City shall be notified thiirty (30) days before cancellation of the, insurance. The Englineer shall maintain such. in.surance,in our during the life of the contract and no modification or change ofins urance carriage and provision. shall ble made, withiout thirty (30) days written advance notice to the City. V. Estimates of Cost Since the Engineer, has no control. over t1w cost of labor, materials, or equipment or over the contractor's methods of'determining prices, or over competitive bidding or market condifions, his opinions of probable PrIpiect Cost or Construction Cost, provided forherei�n are to be made on the ba&Is of his experience and qualifications and represent his best judgment as a design professional. famill with the construction industry but he Engineer cannot and does not guarant eethat proposals, bids or the construction cost wj'*.I,l not vary from opinions of probable cost prepared by him., XVL Interest in City Contracts, Prohibited, 4, No officer or employee of the City shall have a financial interest, direct or mdirect, in any Contract with the City, or shall 'be finanially interestied., 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 evaptoyee. XVIL Entire Agreement T'l'is.A,greement.r,e,prestints ,th.e 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 instrui,-nent signed by both the City and Enginee'. 9 FY 2021 MS4 Permit, Support Services city —ilngitieer =�ON7rP'MEAU A S IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the and of the City Manager off" 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 saidEngineer, acting 1A by the hand of Greg,ory Shaw mereunto authorized signee, title, does, now sign, execute, and deliver thts document. Done 114 Betnimon(' 'I"'exas" oil thik (lay of",j' A.D. 2020. e, A CD�M SMITH By Attlest: 011 FY 2021 M S 4 Pe mit S u pport Se rvice s 10 —�N)' city YA E n, g i ii el e r �wier� imool"' KA3 lawn we mv W" �§Ml 1� 09 �wl �5CHEDIULE OF HOURLY RATES FY 2021 MS4 Pertnit Support Services B,EAUM10�NT TE X AS Schedule, of Hourly Billing Rates, CDM Smith Schedule of Hourly Billing! Rates I October 1, 2,020 through September 30, 2,021 Clerical $85.00 Staff Support Services $105.00 Semor Support Services $140.00 Technical`Pr ofiession al SerVices. Technician 1 $105.00 Technician 11 $130.00 Professional 1 $115.00 Professional II $ 125. 00 Professional 111 $145.00 Professional IV $155-00 Professional V $16,51.00 Senior Professional $.00 P r''i'n ci'pa I/Assoiciate/Se n, io r'Tech An 1ca I Specialist $225.00 Vice, Pres,liden�t/Senior Vice Priesident/Officer/ $290.1010, Senior Tech nical'Consu Itant Monthly invoic''es willbe generated using the above billing, rates andfield investigation unit rates. All subcons ultant expenses are subject to handlingladministrative charge of 10%. Other project related expenses (ODfCs) are also subject to a 10% administrative charge. FY 20,mit Support Services, A-1 city Engineer jb E A U M O� N T I T E X A S FY 2021 MS4 Permit Support Services BEAUMONT "T E X AS At a c Level of Effort Breakdown Project Management 100 $191,035 Pr t Planning and Coordination Meetings 5 $251,125 Monitoring (includes $60,000 for Chica for field work assistance and 710 $97,930 $ 10, 00,C) for E nv it , n for I a b s e ry 1 ces), MSG P AnnualComp Inspections 20 $ 3J010 MSG P Renewal 20 $3,1010 Annual Report 190 $ 30�585 Stormwater Management Program Implementation 215 $ 351975 Inspection Services 80 $ 12�900 New SWIM P Development 140 $221,250 F— Total 1600 $ 250,000, r FCity Services Y 21021 S M4 Permit. Suppot B-I E ng I n e e r