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HomeMy WebLinkAboutRES 24-301RESOLUTION NO.24-301 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 agreement with CDM Smith, Inc., of Houston, Texas to continue management of the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont for Fiscal Year 2025 in an amount to not exceed $264,800.00 without the City's prior written authorization. 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 19th day of November, 2024. M10 11�1142lr Mayor Ro West - d® G d^� 04000" Nt 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 (Permit Year 2025) CITY OF BEAUMONT 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 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 shall manage the Municipal Separate Storm Sewer System (MS4) Permit for the City of Beaumont. The Engineer shall conduct all representative monitoring, calibrate flow meters, conduct required dry and wet weather screenings, and Industrial monitoring. The Engineer shall prepare and submit an Annual Report to the TCEQ and EPA. The Engineer shall conduct employee training at City departments and provide SWMP implementation activities for Best Management Practices (BMPs). The Engineer shall 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 shall perform other duties as specifically included in the MS4 Permit. B. Time of performance for this contract coincides with Fiscal Year 2025 (October 1, 2024, through September 30, 2025). The Engineer shall not commence work on this proposed Project until he has been notified in writing to proceed. FY 2025 MS4 Permit Support Services 1 City Engineer 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 proj 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 MS4 Annual Report. e. Inform the City of any problems with associated collections and methods to resolve problems. f. Representative monitoring shall be conducted at the five locations three times per year as required by the Permit. 2. Dry weather screening. a. Meet with the 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 throughout the permit year. 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. b. Field sample collections and test kit analysis. c. Inform the City of any problems with associated screenings or discharges and FY 2025 MS4 Permit Support Services 2 City U Engineer BEAUM©NT TEXAS methods to resolve problems. d. It is estimated that no more than 20 wet weather screenings will be conducted as part of the wet weather monitoring task 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's 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 an 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 2025 MS4 Permit Support Services 3 City v Engineer BEAUM©NT TEXAS 3. Provide Draft of annual report to City staff by January 15, 2025. 4. Submit MS4 Annual Report to TCEQ on or before February 1, 2025. E. Storm Water Management Program Implementation. 1. Provide materials for MS4 training for the City departments. 2. Conduct employee training for the City departments. The training shall 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 permit and TCEQ approved SWMP within the contract upper limit. 5. 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. Total Maximum Daily Load (TMDL) Program support in developing an action plan and procedures. 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. F. Inspection Services. 1. Industrial Facility Inspections. As requested by City, one engineer will attend industrial inspections with the 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 shall 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 12 hours). 3. Industrial Facility Inspection Training as requested by City. a. Provide industrial inspection training materials. FY 2025 MS4 Permit Support Services 4 City M�Engineer BEAUM©NT TEXAS b. Support the city in the updating of the industrial facility inspection tracking system as requested by the City. III. Special Services A. Not Applicable to this agreement IV. Additional Services All work that shall 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 "A". 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. G. Providing services after issuance of Letter of Acceptance from the City. V. Coordination A. The Engineer shall hold monthly conferences with the City Engineer, hereinafter termed "City Engineer", 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 City Engineer. B. The City Engineer 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 FY 2025 MS4 Permit Support Services 5 City ( Engineer BEAUM©NT TEXAS 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 will 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 will be at the standard hourly rates and expenses as provided in the Schedule of Hourly Rates and Expenses shown on Attachment `B". The Engineer agrees that the basis of compensation for Basic and Special Services shall not exceed Two Hundred Sixty -Four Thousand Eight Hundred Dollars ($264,800.00) 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 "A". The expected LOE of effort for subcontractor activities including monitoring field work support, laboratory services, and supplemental support are up to $82,000, $11,200, and $7,500 respectively as noted in Attachment "A". C. Additional Services Compensation for Additional Services that are authorized by the City will be determined when needed. VII. City Payments A. The Engineer shall be required to use Projectmates software throughout the life of this agreement. The City will provide a license to be used at no cost to the Engineer. FY 2025 MS4 Permit Support Services 6 CityEngineer BEAUM©NT TEXAS Projectmates by Systemates, Inc., is a construction management tool that allows users to manage the entire project life cycle from concept to closeout. All RFI's, Schedules, Daily Reports, Change Orders, Pay Requests, and any procedures related to contract management will be processed through Projectmates. The City reserves the right to rescind an award from a consultant who refuses to use Projectmates during the life of the project. Such refusal will be noted and considered when awarding future projects. B. Payments shall be made to the Engineer based on the several phases described above and in accordance with the following: C. One hundred percent (100%) of the amount due the Engineer for work performed in each phase shall be payable on a monthly basis. D. Payment will be made within thirty (30) days after submittal of the request for payment for work performed. Payment will 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 contract for services. VIII. Revisions to Drawings and Specifications 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 involve 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 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 FY 2025 MS4 Permit Support Services 7 City < Engineer BEAUM©NT TEXAS 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. XHI. 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. 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 ANC -i FY 2025 MS4 Permit Support Services 8 City U Engineer BEAUM©NT TEXAS 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 negotiations, representatives, or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Engineer. FY 2025 MS4 Permit Support Services 9 City (�� Engineer BEAUM©NT 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 Jason Maldonado thereunto authorized Client Service Leader, does now sign, execute and deliver this document. Done at Beaumont, Texas, on this CDM SMITH INC. By: Client Service Leader Attest: Se (a+..e e day of , A.D. 2024. CITY OF BEAUMONT By: City Manager Attest: City Clerk FY 2025 MS4 Permit Support Services 10 City M�Engineer BEAUM©NT TEXAS ATTACHMENT "A" SERVICES TO BE PROVIDED M Attachment A Services to be Provided Task Project Management and Quality Control Hours 69 Fee $9,810.00 Project Planning and Coordination Meetings 128 $21,540.00 Monitoring Tasks' 753 $129,430.00 MSGP Annual Compliance Inspections and Renewal 44 $7,030.00 Annual Report 216 $32,040.00 Storm Water Management Program Implementation 397 $59,930.00 Inspection Services 24 $5,020.00 Total 1631 $264,800.00 'Include up to $82,000 for Chica for field work assistance and $11,200 for Envirodyne for lab services 21nclude $7,500 for Seagull FY 2024 MS4 Permit Support Services A-1 City "Engineer BEAUM©NT TEXAS ATTACHMENT "B" SCHEDULE OF HOURLY RATES AND EXPENSE Attachment B Schedule of Hourly Billing Rates and Expenses CDM Smith Schedule of Hourly Billing Rates October 1, 2024 through September 30, 2025 Hourly Rates Clerical $95.00 Staff Support Services $115.00 Senior Support Services $145.00 Technical / Professional Services: Technician 1 $115.00 Technician II $140.00 Professional 1 $130.00 Professional II $140.00 Professional III $160.00 Professional IV $170.00 Professional V $185.00 Senior Professional $200.00 Principal/Associate/Senior Technical $245.00 Specialist/Senior Project Manager Vice President/ Senior Vice President / Officer/ $315.00 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 surcharge. FY 2025 MS4 Permit Support Services B-1 City Engineer