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HomeMy WebLinkAboutRES 12-249 RESOLUTION NO. 12-249 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the City Council hereby approves the award of an Engineering Services Agreement to CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $240,000 to manage the Municipal Separate Storm Sewer System (MS4) Permit. The agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes; PASSED BY THE CITY COUNCIL of the City of Beaumont this the 16th day of October, 2012. - Mayor Becky Ames - ENGINEERING SERVICES AGREEMENT STATE OF TEXAS § COUNTY OF JEFFERSON § CITY OF BEAUMONT § AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer System Permit SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement bung 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 modificat ions. 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 update and maintain herbicide and pesticide compliance along with data management. Engineer will perform other duties as required by the (MS4)Permit. B. The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. The Engineer, in consideration for the compensation herein provided, shall render all professional services, including any associated subconsultants, necessary for the FY2M3SbrmW.W c 1 EXHIBIT"A" development of the Project to completion, as provided in this Agreement. It is assumed that the previous Project Engineer satisfactorily completed all Permit Year 1 tasks. II. Basic Services A. Meet with the City to determine the schedule for project. B. Work with the City to acquire all needed documentation from previous Project Engineer. C. Conduct all required monitoring. 1. Representative monitoring. a. Preparation for sampling events. 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 meter data. d. Analyze laboratory data and compile DMR forms for data submission to the TCEQ/EPA. e. inform the City of any problems with associated collections and methods to resolve problems. 2. Calibrate Flow Meters. a. City LSC4 flow meters. b. Drainage District 6 alert stations. 3. Dry weather screening(20%of all outfalls in given year)or on alternative schedule as defined in permit) a. Onsite test kit analysis of dry weather flows. b. Reporting of illicit discharges and tracking elimination efforts. c. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 4. Wet weather screening (20%of all outfalls in given year) or on alternative schedule as defined in permit). a. Field sample collections and test kit analysis. b. Reporting of illicit discharges and tracking elimination efforts. c. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 5. Industrial monitoring(conducted during wet weather screenings if deemed necessary by inspection or other requirements). a. Laboratory sample collection and preservation. b. Laboratory submission and chain of custody documentation. c. Analyze laboratory results for prioritized facility inspection. d. Inform the City of any problems with associated industrial screenings or discharges. D. Development and submission of Annual Report. 1. Conduct departmental meetings to assess compliance. 2. Gather required data for the annual report and submit methods of improvement as FY 2015 Sbnn VVGW AW8WM* 2 needed. E. Storm Water Management Program Implementation. 1. Conduct employee training at city departments. 2. SWMP Implementation Activities for BMPs. a. SWMP review and identification of implementation priorities. b. Update guidance documents and outreach materials. c. Continued public education/outreach activities. F. Inspection Services. 1. Industrial Facility Inspections. 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. Implementation of associated enforcement actions and related correspondences. 2. Construction Site Audits. a. Municipal construction site audits to assess compliance with TCEQ construction general permit. G. Permit Renewal. 1. General permit renewal nmdifications as needed. 2. Represent City in permit negotiations with TCEQ/EPA. 3. SWMP modifications. H. Herbicide and Pesticide Compliance. 1. Conduct dental meetings to assess compliance. 2. Update and maintain maps reflecting City maps depicting sites. I. Data Management. 1. Maintain a database to house data to be used in the annual report. 2. Coordinate with City to create a GIS map to reflect outfalls and inspection facilities. 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. Pf2M3sbMWVdW ftMN=k 3 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 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 cast 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 Engineer shall promptly report, in writing,to the City of any development that would affect the scope or timing of the Project. VL 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 IL UL and IV. Fr2M3Skwmw,lerAW*9nw* 4 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 40 000 without the City's prior written authorization. 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 a�athorized. 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 reuse without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. FY 2013 ShDrm wader Apsmnad 5 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 to this Project, less such payments on account of the &arges as have been previously made. Copies of specifications prepared under this Amt 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. XL 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. X11. 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. XI11. 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 FY20,3Sam VVsW Agr"mwd 6 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 shall provide notice to the City at any time that the Engineer becomes aware of any 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 equipmeaht 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 beet 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. XVL 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. XVIL 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 Flaws swm WsW Apr.emmK 7 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 kWh T. Myers thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas,on this day of , A.D. 2412. CDM SMITH INC. CITY OF BEAUMONT By: By: Principle City Manager Attest: Attest: FY 2013 Sb m Wabr 1 gmwneW 8 ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE Sewswnt•FY 2M3 SWmAbx ant_FW CDM Schedule of Hourly Billing Rates January iL,aon through December 31,xolz Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician I $100.00 Technician iI $125.00 Professional I $110.00 Professional II $120.00 Professional 111 $140.00 Professional IV $150.00 Pro&ssional V $160.00 Senior Professional $175.00 Principal/Associate/Senior Technical Specialist $190.00 Officer/Senior Technical Consultant $210.00 CDM Schedule of Hourly Billing Rates January r,aoiz through December 31,zolz Chica&Associates Technical/Professional Services: Clerical/Administrative $53.00 Engineering Technician $71.00 EIT $80.00 Project Engineer $110.00 Senior Project Engineer $140.00 Project Manager $163•oo All sub-consultants (OP)expenses are subject to a handlingladministrative charge of io%. Other project related(ODC) expenses are also subject to a ic% administrative charge. Monthly invoices will be generated using the above billing rates. CONFIDENTIAL AND PRIVILEGED