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HomeMy WebLinkAboutHDR MS4 AGREEMENTATTACHMENT "A" August 183 2015 Mr. Bob Eng, P.E. City Engineer City of La Porte 604 W. Fairmont LaPorte, TX 77571 Re: Proposal for Professional Engineering Services for Phase II Small MS4 General Permit Annual Report — Year 1 City of La Porte Dear Mr. Eng, HDR Engineering, Ina (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. The City of La Porte contacted HDR on the above referenced project. The proposal provides a description of the engineering services required for the completion and acceptance of the Annual Report (Year 1) for the Phase II Small MS4 General Permit for the City of La Porte. The Annual Report requires the completion of a report outlining the progress of the City's efforts to complete goals included in the Storm Water Management Plan (SWMP). HDR will complete the required "Year 1" annual report for the 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. A meeting with City staff will assist in completing the annual report. During the meeting the following items will be discussed: hdrinc.com 46355outhwest Freeway, Suite 1000 Houston, Texas 77027 T 713-622-9264 F 713-622-9265 Texas Registered Engineering Firm F-754 1. General status of the City's accomplishments of each best management practice and goal established in the SWMP 2. The appropriateness of each best management practice in reducing the discharge of pollutants 3. Steps taken to reduce discharge of pollutants into impaired waterbodies 4. The stormwater activities planned for the next permit year 5. Any modifications to the SWMP that may be necessary 6. Request a list of Construction Activities that have occurred in the City during the last permit year All of the information gathered in the meeting will then be used to complete the annual report. A draft report will be submitted to the City for review upon completion. City comments will be incorporated into the report and a final report will be completed and submit to the TCEQ. The anticipated tasks to complete the small MS4 General Permit are as follows: 1. Meet with City to document the year's activities regarding the items described out in the approved Phase II small MS4 General Permit and discuss changes in the Phase II small MS4 General Permit process if required. 2. Draft the year one report documenting all preformed activates. 3. Submit draft to the City to review and make comments. 4. Meet with City to review and discuss comments and incorporate City comments. 5. Submit report for review and comment to TCEQ 6. Address any submitted public comments from TCEQ FEE FOR SERVICES HDR's fee for the services described above shall be a lump sum figure of $8,300.00. 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 technology charge ($3.70 per hour), and direct cost plus 10%. The fee includes cost to address nominal public comment 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 8 weeks from time that HDR receives the notice to proceed. FEES NOT INCLUDED No costs have been included in this proposal for advertising cost (if required), postage, and permitting/filing fees associated with the approval process. The City 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, HDR EN/GINEERING, INC. David Weston Vice President/Department Manager Acceptance: City of LaPorte, Texas Date: a `yJ ' 01 6 AGREEMENT FOR SERVICES This Agreement entered into as of the _pC day of l A.D:, by and between HDR Engineering, Inc. hereinafter referred to as the "Consultant", and the City of LaPorte, Texas, hereinafter referred to as the "Client". WITNESSETH WHEREAS, 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 Annual Report — Year 1. 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 ofthe 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 reproum bles of any information prepared for this Project. 5. Determination ofFees -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 $8,300.00 for engineering services. 6. moment 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 by 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 3.05 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.. 10. Governing_Law - This Agreement shall be deemed to have been made under, and shall be construed and interpreted in accordance with Lite 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 will attempt in good faith to resolve any controversy or claim arising out of or relating to this agreement promptly by negotiafion 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 party'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 Harris County. The arbitrator is not empowered to award damages in excess of actual damages, including punitive damages. first written. ENTERED INTO AND AGREED by the parties hereto as the day and year HDR ENGINEERING, INC. Consultant / BY: v David Weston Vice President/Department Manager CITY OF LA PORTE, TEXAS Client BY: ATTEST: