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HomeMy WebLinkAboutRES 16-204RESOLUTION NO. 16-204 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 between the City of Beaumont and CDM Smith, Inc., of Houston, Texas, in an amount not to exceed $250,000, to continue management of the Municipal Separate Storm Sewer System (MS4) Permit on behalf of the City of Beaumont. 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 18th day of October, 2016. X41 EM1101,i ENGINEERING SERVICES AGREEMENT STATE OF TEXAS COUNTY OF JEFFERSON § CITY OF BEAUMONT AGREEMENT FOR Engineering and Related Services for Municipal Separate Storm Sewer System Permit SECTION 1 This Agreement made and entered into in Beaumont, Jefferson County, Texas between the City of Beaumont, a Municipal Corporation in the State of Texas, hereinafter termed "City" and CDM Smith, duly licensed, and practicing under the laws of the State of Texas, hereinafter termed "Engineer", said Agreement being executed by the City pursuant to the City Charter and Ordinances and Resolutions of the City Council, and by said Engineer for the Engineering Services hereinafter set forth in connection with the above designated Project for the City of Beaumont. I. General A. Detailed Project Description The Engineer will manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer will conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer will prepare and submit an Annual Report to the TCEQ and EPA and represent the City on permit renewal modifications. The Engineer will conduct employee training at City departments and provide Storm Water Management Program (SWMP) implementation activities for Best Management Practices (BMPs). The Engineer will assist the City on Industrial facility inspections and construction site audits when needed. The Engineer shall update and maintain herbicide and pesticide compliance along with data management. Engineer will perforin 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 development of the Project to completion, as provided in this Agreement. FY 2016 Storm Water Agreement 1 EXHIBIT "A" Il. Basic Services A. Meet with the City to determine 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. 2. Dry weather screening (20% of all outfalls in given year or greater; or on alternative schedule as agreed upon with City of Beaumont). a. Onsite test kit analysis of dry weather flows as per project standard operating procedures. b. Reporting of illicit discharges and tracking elimination efforts as per project standard operating procedures. c. Review and confirm previously identified outfalls d. Development of drainage area delineations for outfalls as requested by the City e. Inform the City of any problems with associated screenings or discharges and methods to resolve problems. 3. Wet weather screening (per schedule defined in Bacteria Reduction Plan and/or permit). a. Identification of and field investigation of wet weather screening Iocations 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. 4. Industrial monitoring (conducted if deemed necessary by inspection or other requirements). a. Assist City with industrial monitoring as requested If request, perform laboratory sample collection and preservation as well as laboratory submission and chain of custody documentation. b. If requested by City, analyze laboratory results for prioritized facility inspection. FY 2018 Storm Water Agreement 2 c. Infonn the City of any problems with associated industrial screenings or discharges. 5. Landfill MSGP monitoring (conducted during wet weather screenings as required by Multi -Sector General Permit). 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. C. Development and submission of Annual Report. 1. Conduct DD6 and City of Beaumont departmental meetings and quarterly data requests to assess compliance as required 2. Gather required data for the annual report using tracking spreadsheets and submit methods of improvement as needed. 3. Provide Draft of annual report to City staff by January 15, 2017 4. Submit MS4 Annual Report to TCEQ by February 1, 2017 D. Storm Water Management Program Implementation. 1. Conduct employee training at city departments or during one annual training event. 2. SWMP Implementation Activities for BMPs. a. Implement SWMP activities for current permit year as requested by City b. SWMP review and identification of implementation priorities. c. Update guidance documents, inspection forms and outreach materials. E. 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. 2. Construction Site Audits. As requested by City, one engineer will attend industrial inspections with City inspector. a. Municipal construction site audits to assess compliance with TCEQ construction general permit. FY 2016 Storm Water Agreement 3 F. Permit Renewal — Support 1. Review of draft permit 2. General permit Notice of Intent and SWPPP modifications as needed. 3. Represent City in permit negotiations with TCEQ/EPA. 4. S WMP modifications as required for new permit. G. Herbicide and Pesticide Compliance 1. Conduct departmental meetings to assess compliance. H. Data Management. 1. Maintain tracking spreadsheet for annual reporting. 2. Develop database and GIS snap for tracking major outfalls inventory. 3. Special Services (not applicable to this agreement) 4. 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. 5. 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 FY 2016 Storm Water Agreement 4 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 Engineer shall promptly report, in writing, to the City of any development that would affect the scope or timing of the Project. 6. 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. C. Additional Services Compensation for Additional Services that are authorized by the Director shall be determined based on the standard hourly rates and expenses as shown in Attachment A and shall not exceed an amount to be determined at the time the Additional Services are requested. 1. City Payments a. Payments shall be made to the Engineer based on the several phases as described above and in accordance with the following: FY 2016 Storm Water Agreement 5 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 work perfonned. Payment shall be considered past due forty-five (45) days after submittal. e. The City reserves the right to make an audit of charges claimed for this agreement for services. 2. Revisions to Drawings and Specifications (not applicable to this agreement) The Engineer shall make, without additional expense to the City over and above the basic fee, such revisions to the Design Phase as may be required to meet the needs of the City. After approval of the Design Phase by the City, any revisions, additions, or other modifications made at the City's request that involves extra services and expenses to the Engineer shall be subject to additional compensation to the Engineer for such extra services and expenses. 3. Ownership of Documents All documents including the original drawings, estimates, specifications, field notes and data, will remain the property of the Engineer as instruments of service. However, it is to be understood that the City shall have free access to all such information with the right to make and retain copies of drawings and all other documents including field notes and data. Any re- use without specific written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer. 4. Termination Either party to this Agreement may terminate the Agreement by giving the other thirty (30) days notice in writing and in accordance with the following procedure: a. Upon delivery of such notice by either party to the party, and upon expiration of the thirty day period, the Engineer shall discontinue all'services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such others or contracts are chargeable to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement, showing in detail the services performed under this Agreement to the date of termination. The Owner shall then pay the Engineer promptly that proportion of the prescribed charge to which the service actually performed under this Agreement is applicable and useable to this Project, less such payments on account of the charges as have been previously made. Copies of specifications prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions, as to their use, as set forth in Section VIII. FY 2016 Storm Water Agreement 6 b. Failure by the Engineer to comply with the submittal of the statement, and documents as required above shall constitute a waiver by the Engineer of any and all rights or claims to collect any monies that the Engineer may rightfully be entitled to for services performed under this Agreement. 5. Engineer's Warranty The Engineer warrants that he has not employed or retained any company or person other than a bona fide employee working solely for the Engineer to solicit or secure this Contract, and that he has not for the purpose of soliciting or securing this Contract paid or agreed to pay any company or person, other than a bona fide employee working solely for the Engineer, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. 6. Equal Employment Opportunity The Engineer agrees to follow the Minority Business Enterprise requirements and/or develop an Affirmative Action flan as set forth by the City. 7. Assignment or Transfer of Interest The Engineer shall not assign or transfer its interest in the Contract without the written consent of the City. 8. Indenmification/Liability The Engineer shall save and hold harmless the City from all claims and liability due to activities of himself, his agents, or employees, performed under this Contract and which result from a negligent act, error or omission of the Engineer or of any person employed by the Engineer. The Engineer shall also save harmless the City from any and all expenses, including attorney fees which might be incurred by the City in litigation or otherwise resisting said claim or liabilities which might be imposed on the City as result of such activities by the Engineer, his agents, or employees and for which the Engineer is found to be legally liable. The Engineer shall, within one week after signing the contract and before any work shall start, furnish the city with certificates of insurance naming the City as additional insured satisfactory to the City indicating the existence of Statutory Workmen's Compensation Insurance, and comprehensive General Liability Insurance. Such insurance shall be at the Engineer's expense. The limits shall be as follows: Comprehensive General Liability and Auto Liability Insurance shall not be less than $1,000,000.00 per incident / $1,000,000.00 per occurrence. 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 FY 2016 Storm Water Agreement 7 life of the contract and no modification or change of insurance carriage and provision shall be made without thirty (30) days written advance notice to the City. 9. Estimates of Cost Since the Engineer has no control over the cost of labor, materials, or equipment or over the contractor's methods of determining prices, or over competitive bidding or market conditions, his opinions of probable Project Cost or Construction Cost provided for herein are to be made on the basis of his experience and qualifications and represent his best judgment as a design professional familiar with the construction industry but the Engineer cannot and does not guarantee that proposals, bids or the construction cost will not vary from opinions of probable cost prepared by him. 10. Interest in City Contracts Prohibited No officer or employee of the City shall have a financial interest, direct or indirect, in any Contract with the City, or shall be financially interested, directly or indirectly, in the sale to the City of any land, materials, supplies or service, except on behalf of the City as an officer or employee. 11. Entire Agreement This Agreement represents the entire and integrated Agreement between the City and Engineer and supersedes all prior negotiation, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. SECTION 2 IN WITNESS WHEREOF, the City of Beaumont has lawfully caused these presents to be executed by the hand of the City Manager of said City, and the corporate seal of said City to be hereunto affixed and this instrument to be attested by the City Clerk, and the said Engineer, acting by the hand of Jason Venier thereunto authorized signee title, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH By: rincipal Attest: z FY 2016 Storm Water Agreement 8 day of , A.D. 2016. CITY OF BEAUMONT By:_ City Manager Attest: ATTACHMENT A SCHEDULE OF HOURLY RATES AND EXPENSE FY 2017 Stormwater Agreement CDM Smith (Autoseved).docx Attachment A Schedule of Hourly Billing Rates CDM Schedule of Hourly Billing Rates October 1, 2016 through September 30, 2017 Hourly Rates Clerical $85.00 Staff Support Services $105.00 Senior Support Services $140.00 Technical/Professional Services: Technician I $10S.00 Technician 11 $130.00 Professional I $115.00 Professional II $125.00 Professional III $145.00 Professional IV $155.00 Professional V $165.00 Senior Professional $180.00 Principal/Associate/Senior Technical Specialist $200.00 Vice President / Senior Vice President / Officer/Senior $290.00 Technical Consultant Monthly invoices will begenerated using the above billing rates and field investigation unit rates. All subconsultant expenses are subject to handling/administrative charge of 10%. Other project related expenses (ODCs) are also subject to a 10% administrative charge. Smith 1 Chica and Associates October 1, 2016 through September 30, 2017 Chica & Associates Technical/Professional Services: Clerical/Administrative $53.00 Engineering Technician $71.00 E1T $80.00 Project Engineer $110.00 Senior Project Engineer $140.00 Project Manager $163.00 All sub -consultants (OP) expenses are subject to a handling/administrative charge of 10%. Other project related (ODC) expenses are also subject to a 10% administrative charge. Monthly invoices will be generated using the above billing rates. 2