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HomeMy WebLinkAboutRES 22-286RESOLUTION NO.22-286 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 $250,000.00 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. BE IT FURTHER RESOLVED THAT the City Manager be and he is hereby authorized to execute all related documents relating to the purchase of the above described permit. 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 25th day of October, 2022. Gg� IONT, �- Mayor Robin Mouton - BEAUMONT TEXAS ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR Engineering and Related Services for . CITY OF BEAUMONT Municipal Separate Storm Sewer System Permit (Permit Year 2023) SRCTION 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 Inc., duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for 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. 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 specifically included in the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2023 (October 1, 2022 through September 30, 2023). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. an FY 2023 MS4 Permit Support Services _ 1 City l A Engineer EA�iif3lT 1A BEAUMONT 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. II. Basic Services Engineer shall provide the following 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. Prepare 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 three times per year 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 partof the dry weather monitoring task. b. Conduct onsite test kit analysis of dry weather flows as per project standard operating procedures. c. Report potential illicit discharges and track elimination efforts as per project standard operating procedures, including the creation of a potential illicit discharge memorandum. d. Review and confirm previously identified outfalls. e. Develop 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. Identify and field investigate wet weather screening locations. FY 2023 MS4 Permit Support Services 2 City -P- Engineer BEAUMONT TEXAS b. Field sample collections and test kit analysis. c. Report of potential illicit discharges and track elimination efforts. 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 (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. Identify any duplicates related to the estimated 100 outfalls inventoried during the permit year and update the database accordingly. c. Provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections and Renewal 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 2. Complete site review and updates to Stormwater Pollution Prevention Plans .(SWPPPs) for all 4 sites.based on annual comprehensive inspection. 3. Update Site -maps as necessary based on annual comprehensive inspection. 4. Certification of No non-stormwater discharges and review of site outfalls. D. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance. 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement. Data and report to include metrics from the previous year as well as new metrics for the approved SWMP. FY 2023 MS4 Permit Support Services 3 Pub . City Engineer BEAUMONT TEXAS... 3. Provide Draft of annual report to. City staff by January 15, 2021 4., Submit MS4 Annual Report to TCEQ by February 1, 2023. E. Storm Water Management Program Implementation. I. 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. 3. Maintain quarterly. tracking spreadsheets for annual reporting. 4. Assist the City in development of new SWMP programs,. procedures and educational . materials as required bythe new permit and TCEQ approved SWMP within the contract upper limit. 5. Update SWMP with new Total Maximum Daily Load .(TMDL) language and refined metrics penthe workshop outputs: 6. Provide on call support as requested by the City within the contract upper limit which may include the following activities (assumed up to 48 hours): a. Update guidance documents, inspection forms and outreach materials. b. TMDL Program support to monitor and develop action plan and procedures. c. Support the City in updating the industrial facility inspection _tracking system. d. Other relevant SWMP implementation -technical guidance. F. Inspection Services. . . 1. Industrial Facility Inspections. As requested by City, one_ engineer will attend industrial inspections with City inspector and assist in: 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 (assumed up to 22 hours). 3. Industrial Facility Inspection Training as requested by City. a. Provide industrial inspection training materials. b. Support the city in the updating the industrial facility inspection tracking system as requested by the City. III. Special Services (not applicable to this agreement) FY 2023 MS4 Permit Support Services 4 City �Al Engineer BEAUMONT TEXAS ' 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 not included in Attachment `B": 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 Acceptancefrom the City. . V. Coordination A. The Engineer shall hold monthly conferences with the Public Works Director, hereinafter termed "Director'.', or their 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. FY 2023 MS4 Permit Support Services 5 City Engineer BEAUM®NT TEXAS 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 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, laboratory services, and supplemental support are $60,000, $10,000, and up to $5,000 respectively as noted in Attachment "B". FY 2023 MS4 Permit Support Services 6 City Al Engineer BEAUMONT TEXAS 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 contract 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. 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 parry to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all services in connection with the performance FY 2023 MS4 Permit Support Services 7 City Engineer BEAUM©NT TEXAS 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 VIII. B. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. XI. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has.not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working 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. 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. FY 2023 MS4 Permit Support Services 8 City 4A/Engineer BEAUM©NT TEXAS 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 ofthe 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. FY 2023 MS4 Permit Support Services 9 City 44 Engineer BEAUM©NT TEXAS SECTION 2 IN WITNESS WHEREOF, the City ofBeaumont 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 Jason Venier there -unto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this day of , A.D. 2022. CDM SMITH INC. CITY OF BEAUMONT By: By: Client Service Leader City Manager Attest: Attest: FY 2023 MS4 Permit Support Services 10 City /W Engineer STATE OF TEXAS • CITY OF BEAUMONT BEAUMONT T E X A S Engineering and Related Services for CITY OF BEAUMONT Municipal Separate Storm Sewer System Permit (Permit Year 2023) Sy"gre-ROM This, Agreement made and entered into in Beaumont, Jefferson Coiunty, Texas between the City of Beaumont�, a Municipal Corporation in the State of Texas, hereinaft�er termed "City" and CDM Smith Inc., duly licensed, and practicinunder the laws of the State of Texas, hereinafte gr It A termed "Engineer", said Aeement being executed by the City pursuant to the City Charter a grnd 4 40 Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services i 4 hereinafter set forth 'in connection with the above designated Project for! the City of Beaumont. B. Time of performance for this contract coincides with Fiscal Year 2023 (October 1, 2022 0 through SeptemberThe Engineer shall not commence work on this proposed Project until he has been notified 'in writing to proceed. FY 2023 MS4 Permit Support Services, 1 city /1!1�/ Irk nee r BEAUMONT I T E X A S The Engineer, in consioeration for the compensation herein �provid,ed, shall render all 0 professional services, including any associated subconsultants, necessary for the development of the Project to completion, as provided in this Agreement. 0 Engineer shall provide the following Basic Services: A. Meet with the City to determine SWMP 'Implementation priorities and the schedule for prof ect. B. Conduct all required monitoring. 1. Representative monitoring. a. Prepare 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 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 three times per year 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 m 'tor"ng task. oni 1 b. Conduct onsite test kit analysis of dry weather flows, as per project standard I operating procedures. * c. Report potential illicit discharges and track elimination efforts as per project standard operating procedures, including the creation of a potential illicit discharge memorandum. d. Review and confirm previously identified out tills. e. Develop 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. Identify and field 'Investigate wet weather screening locations. FY 2023 M,S4 Permit Support Services 2 city L /'E,gineer -1 1EAUMONT 'T E X AS b. Field sample collections and test kit analysis. c. Report of potential illicit discharges and track elimination efforts. d. Inform the City of any problems, with associated screenings or discharges and niethods 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 (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. 0 5. Maintain database and GIS map for tracking major outfalls inventory. 0 a. Update database with results friom this permit year outfall inventory (100 outfalls)i. b. Identify any duplicates related to the estimated 100 outfalls inventoried during the it year and update the database accordingh, permi .70, c. Provide updated database and status report to the City on a quarterly basis. C. MSGP Annual Comprehensive Inspections and Renewal L Pei -form 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 2. Complete site review and updates to Stormwater Pollution Prevention Plans (SWPPPs) for all 4 sites based on annual comprehensive 'Inspection. 3. Update Site maps as necessary based on annual comprehensive inspection. 4. Certification of No non-stormwater discharges and review of site outfalls. D. Development and submission of Annual Report. I. Conduct DI 6 and City oft eaumont departmental meetings and quarterly data requests, to assess compliance, 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement. Data and report to include metrics from the previous year as well as new metrics for the approved SWMP. FY 2023 MS4 Permit Support Services 3 city E n g i n, e e r _T 3., Provide Draft of annua.1 report to City staff by January 15, 2023. 4. Submit MS4 Annual Report to TCEQ by February 1, 2023. E. 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. 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. 5. Update SWMP with new Total Maximum Daily Load (TML) language and refined metri,cs per the, workshop outputs. 6. Provide on call support as requested by the City within the contract upper limit which may include the following activities (assurned up to 48 hours): a. Update guidance documents, inspection forms and outreach materials. b. TMDL Program support to monitor, and develop action plan and procedures. c. Support the City in updating the 'Industrial facility 'Inspection tracking system. d. Other relevant SWMP implementation technical guidance. F. Inspection Services. I . Industrial Facility Inspections. As requested by City, one engineer will attend industrial inspections with City inspector and assist in: 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. R 0 eview 1 e. correspondence with industri1 al 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 (assumed up to 22 hours). 3. industrial Facility Inspection Training as requested by City. de ndustrial inspection training materials. a. Provide i , I b. Support the city in the updating the industrial facility inspection tracking system as requested by the City. 111. Special Services not (ipplicate le to this agtvenient) FY 2023 M,S4 Permit Support Services 4 it 0/­,�I/ T E X A S All work that will be performed by the Engineer at the re�quest 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 expett witness, 0 0 including actual testimony time, stand-by waiting time, preparation of engineering data and 0 - 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 not included in Attachment C. Any rev�tsions of previously approved work. 0 1 D. Any travel and subsistence to points other than Engineers or City's Offices and Project site. FVW* 4, F. Additional services due to signifficant 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. Providinv, services after issuance of Letter of Acceptance ftom the City. 4,.� B. The Director will act on behalf of the City with respect to the work to be perfori-ned under 0 - 0 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. FY 2023 MS4 Permit Suort Services 5 City Engineer _7 0 9 C. The City will give prompt written notice to the Engineer whenever the City observes or 0 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. 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 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 d Enineer's services described in Sections 11, 111, an gIV. B. Basic and Special Services FY 2023 MS4 Permit Support Services 6 >- City Engineer 3iEAUMORN, I T E X A S I 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 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 0 1. One -hundred percent (100%) of the amount due the Engineer for work performea i each phase shall be payable on a monthly basis. I 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 contract for a services. VIII. Revisions to Drawings and Specifications (not applicable toent) The Engineer shall make, without adonal 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, add itions, or other modifications made at the C ity'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 fi-ee access to all such information wit�h the right to make r� I and retain, copies of drawings and all other documents including iieid notes and data. Any re- r, 1 0. use without specific written verii " tcation or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. X. Termination 9 Either patty to this Agreement may ternimate 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 FY 2023 MS4 Permit Support Services 7 city N / Engineer BEAUMONT T E X A S 0 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 0 collect any monies that the Engineer may rightfully be entitled to fori services performed under this Agreement., XI. Engineers Warranty The Lngineer warrants that he has not employed or retained any company or person other tha a bona fide employee, working solely for the Engineer to solicit or secure this Contract, an that he has not for the, purpose of soliciting or securiing this Contract paid or agreed to pay an company or person, other than a bona fide employee working solely for the Engineer, any fe commission, percentage,, brokerage fee, gift, or any other cons ideration, contingent upon resulting from the award or making of this contract. X11. Equal Employment Opportunitj a 0 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. . . . . . . . . . . FY 2023 MI,S4 Permit Support Services 8 Vlkl)- City E n g i n e e r BEAUMONT T E X A S 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 hi -nits shall, be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $ 1 .0100,000.00 per incident / $i 1,000,000.010 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 Cit'v, j XV. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipi-nent 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. 0 0 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. This Agreement represents the entire and integrated Agreement between the, City and Engineer and supersedes all prior negotiation, rep!i 4esentatives,, or, agreements, either oral or written. This Agreement may be amended only by written 'instrument signed by both the City and Engineer. FY 2023 MS4 Permit Support Services 3f_�>City E n g i n e e r BEAUMOiN T E X A S I NNUff reffl. M IN WITNESS WHEREOFi 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 I T-1 0 0 hereunto affixed and this instrument to be attested by the City Clerk, and the saict Lngineer, acting by the hand of Jason Venier thereunto authorized signee title, does now sign, execute and deliver this document., K Done at Beaumont, Texas, on this day of&,bbq:-Z , A.D. 2022. �403TUMMyj ta-UMAR B. Client Service Leader Attest# By: City Manager 'rf I +0 :est: i Via, 44 41, FY 2023 MS4 Permit Support Services 10 City OA1 Engineer -7- ATTACHMENT "A° SCHEDULE OF HOURLY RATES AND EXPENSES FY 2023 MS4 Permit Support Services At�tachm�eint "A" Sichedu�le of Hourly B.01-ing Rates *ctobleir 1, 2022 throuigh September 30, 202� Hourly Rates Clerical $90.00, Staff Support Services $110.00 Senior Support Services $14S.00 Technical / Professional Services: Technician 1 $1101.00 Technician 11 $135.00 Professional 1 $120.00 Professional 11 $130.,00 Professional Ill $150.00 Professional IV $160-00 Professional V $170.00 Senior Professional $185.00, Principial/Associate/S,enior Technical $235.00 Specialist Vice President/ Senior Vice President $300.00 Officer/ Senior Technical Consultant Monthly invoices will be generated using the above billing rates andfi'eld investigation unit rates. Al subconsultant expenses are sub ect to handlingladminisitrative charge of 10%. Other project relate expenses (ODCs)1 are also subje to a 101% administrative surcharge. ct FY 2023 1" S4 Permit Support Services A -I f4?? City Engineer _T_ - BEAUMONT ATTACHMENT "B" LEVEL OF EFFORT BREAKDOWN FY 2023 MS4 Permit Support Services T s,k Hours Fee '5 $1 ,54 , aordination Meetings 125 $23,380 6 , 00forChicaforfield work assistance and $1 ,00 services) nce Inspections and Renewal 40 $6,4 0 2 $30,875 ent Program Implementation (includes $5,0010 for 283 1 55,460 98 $15,{ Total 1170 $250,0 IC�'.'s Servi -1 it Engineer Y 023 l"'s4 Permit SupportSupport