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HomeMy WebLinkAboutHDR ENGINEERING, INC. (2)AGREEMENT FOR SERVICES This Agreement entered into as of the day of Eltr&h 201 A.D., by and between HDR Engineering, Inc. hereinafter referred to as the "Consultant", and the City of La Porte, Texas, hereinafter refered to as the "Client". WITNESSETH WIIEREAS, the Client has requested various services of the Consultant with respect to engineering services required for the completion and acceptance of the Phase II Small MS4 General Permit (hereinafter referred to as the Project). NOW, THEREFORE, Client and Consultant hereby agrees as follows: 1. Engagement of Consultant -Consultant hereby agrees to perform the services required under the scope of services related to the Project, and to provide Client with copies of the information which is set out in Attachment "A" and made a part of this contract. Consultant agrees to initiate services upon receipt of an executed copy of this Agreement. 2. Availability of Information -Client agrees to provide Consultant with all available information pertinent to the Project. Client will also provide copies of reports, drawings, and other data, and will, at Consultant's request, provide written authorization to review Client's files relative to the Project which may be in possession of third parties. Consultant agrees to return all original documents to Client upon completion of the Project, but reserves the right to make and keep reproducible copies of all such material. 3. Access to Facilities -Client will provide access for the Consultant to enter the property and facilities of Client, as necessary for Consultant to perform services as required under the Project. 4. Instruments of Service -All documents prepared in accordance with this contract including exhibits, field notes, laboratory data, original drawings, and reports are the property of the Client. The Consultant is given the right to use any of this data in connection with future engineering projects. The Consultant may retain copies or repro ducibles of any information prepared for this Project. 5. Determination of Fees -The fees for the scope of services as stated in Attachment "A" provided by Consultant under this agreement will be based on a not to exceed Amount of $7,200.00 for engineering services. 6. Payment and Fee Schedule -The Consultant will submit a monthly invoice for services rendered. The invoice will be based upon the Consultant's estimate of the proportion of the total services actually completed at the time of the invoice. 7. Terms of Payment -Payment of fees as determined under Paragraph 6 herein above shall be due and payable Uy Client within thirty (30) days following receipt of Consultant's monthly invoice. 8. Additional Services -Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor cost times a factor of 3.OS plus the current corporate technology charge ($3.70 per hour), and direct cost plus 10%.. 9. Termination -The Client may terminate this contract at any time by giving seven (7) days' notice in writing to the Consultant. In that case, all finished or unfinished documents and other materials produced under this contract, shall become the Client's property. If the contract is terminated by the Client in accordance with this provision, Consultant shall be paid for all services performed to the date of termination. Consultant may terminate this contract upon seven days' written notice in the event of substantial failure by the Client to perform in accordance with the terms hereof through no fault of the Consultant. i 10. Governing Law -This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with the laws of the State of Texas. The venue of any suit for enforcement or construction of this contract shall be in Harris County, Texas. , 11. Dispute Resolution -The parties tivill attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiation between senior executives of the parties who have authority to settle the controversy. The disputing party shall give the other party written notice of the dispute. Within ten days after receipt of said notice, the receiving party shall submit to the other a written response. The notice and response shall include (a) a statement of each party's position and a summary of the evidence and arguments supporting its position, and (b) the name and title of the executive who will represent that party. The executive shall meet at a mutually acceptable time and place within twenty days of the date of the disputing patty's notice and thereafter as often as they reasonably deem necessary to exchange relevant information and to attempt to resolve the dispute. If the controversy or claim has not been resolved within thirty days of the meeting of the senior executives, the parties shall endeavor to settle the dispute by mediation under the Construction Industry Mediation Rules of the American Arbitration Association, If the matter has not been resolved pursuant to the aforesaid mediation procedure within ninety days of the commencement of such procedure, (which period may be extended by mutual agreement), or if either party will not participate in such procedure, the controversy shall be settled by arbitration in accordance with "American Arbitration Association Construction Industry Arbitration Rules" by a sole arbitrator. The arbitration shall be governed by the United States Arbitration Act, 9 U.S.0 & 1-16, and judgment upon award rendered by the Arbitrator may be entered by any court having jurisdiction thereof. The place of arbitration shall be Hams County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. ENTERED INTO AND AGREED by the parties hereto as the day and year first lvritten. HDR ENGNEERING, INC. Consultant 1 //% ®�®aa BY: ' `C� In (�� Q PgR%®�Ot� CHRISTOPHER E. CLALNCH, P.E. SR, VICE_ PRESIDENT MANAGING PRINCIPAL S� B CITY OF LA PORTE, TEXAS Client Qaa co®® BY —_ Sao T ATTEST: ATTACHMENT "A" February 24, 2014 Mr. Don Pennell Assistant Director of_Public Works City of La Porte P.O. Box 111.5 La Porte, TX 77572-1115 Re: Proposal for Professional Engineering Services for Phase II Small MS4 General Permit City of La Porte - Dear Mr. Pennell, HDR Engineering, Inc. (HDR) is pleased to submit this proposal for the engineering services for the above referenced project. A general description of the project, proposed scope of services, and fee are included herein: SCOPE OF SERVICES_ The City .of La Porte has contacted 'HDR on the above referenced project. This proposal provides a description of the engineering services required for the completion and acceptance of the Phase II Small MS4 General Permit for the City of La Porte. The Phase 1I small MS4 General Permit requires a Notice of Intent (NOI), a Storm Water Management Plan (SWMP), and a Notice to the Public for public comment. A meeting with City staff will assist completing the appropriate forms for the NOI. The information gathered from this meeting and the previous SWMP will assist in establishing a benclunark for a new SWMP: The new SWMP will be based on Minimum Control Measures (MCMs) that have been established .by the TCEQ. Best management practices for each MCM will be created to establish task and guidelines foi the City to complete throughout the next five years of the permit. Research will he conducted to determine if any City storm water is discharging into impaired water bodies with an established. TMDL. Some, of the best management pracfiees of the impaired body of water will be required to be incorporated into the City's SWMP. 'This is required so that the City's new permit is in compliance with the impaired body's.MCM, HDR En gin eering, Inc. Texa sRegistered En g ineering Fi rm F-754 - - 4635 Southwest Freeway Phone: pl3) 622-g264 Suits 1000. - Fax: 7131622,-9265 Houston, TX 77027-7130 wvray.hdrinc.com A notice to the public with a public review and comment period will be conducted prior to final submission of the NOI and SWMP to the TCEQ. TCEQ will collect all public comments and submit comments to the City to be addressed' or incorporated into the SWMP they deem applicable. HDR will then assist the City in submitting the permit for approval. Additionally, HDR will complete the required "Year 6" anmlal report for the expired Phase II small MS4 General Permit involving the status update of the City's accomplishment of all best management practices and goals outlined in the expired Phase II small MS4 General Permit and associated SWMP. The anticipated tasks to complete the small MS4 General Permit, are as follows: 1. Meet with City to review the expired Phase II small MS4 General Permit and discuss changes in the Phase II small MS4 General Permit process 2. Complete the Notice of Intent 3. Draft Storm Water Management Plan 4. Meet with City to review and discuss Storm Water Management Plan and incorporate City comments. 5. Submit draft to City for review and comment on NOI and SWMP then incorporate City comments 6. Submit. Notice of Intent and Storm Water Management Plan for Public review and comment 7. Address any submitted public comments from TCEQ . 3: L Submit Notice of Intent and Storm Water Management Plan to the TCEQ for approval 9. Complete required "Year 6" Report for expired Phase II -small MS4 General Permit FEE FOR SERVICES HDR's fee for the services described above shall be a lump stun figure of $7,200.00. HDR will submit monthly progress invoice with status reports -for all work completed to invoice date. Additional services beyond those described in the Scope of Services will be invoiced on the basis of direct labor cost time a factor of 3,05 plus the current corporate tecltirology charge ($3.70 per hour), and direct cost plus 10%. The fee includes cost to address nominal publiccontinent and revisions. In the event public comments are beyond nominal and require revisions requiring additional research and major storm water management plan revisions, such work will be considered additional services and will only be performed upon authorization from the City. This project will take approximately 10 weeks from time that HDR receives the notice to pi:oceed. � . . PEES NOT INCLUDED No costs have been included in this proposal for advertising cost, postage, and permitting/filing fees associated with the approval process. The/ of La Porte shall be responsible for these costs. HDR appreciates the opportunity to submit this proposal and to continue working for the City of La Porte. Sincerely; HDDR ENGINEERING, INC; Acceptance: City of La Porte, Texas C/hriisstopherVE. Claunch, P.E. Sr. Vice President Managing Principal Date: -� /