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HomeMy WebLinkAboutPR 19103: AUTHORIZING A CONTRACT WITH CARROLL & BLACKMAN, INC. K P.R.No. 19103 09/30/2015 DA RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF A TWO (2) YEAR CONTRACT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN THE CITY OF PORT ARTHUR AND CARROLL & BLACKMAN, INC., FOR MANAGEMENT OF THE STORM WATER POLLUTION PREVENTION PLAN FOR TRANSIT FACILITIES IN THE AMOUNT OF $4,500 ANNUALLY. FUNDS AVAILABLE IN TRANSIT ACCOUNT 401-1504-561.54-00. WHEREAS, pursuant to Resolution No. 14-379 dated August 2, 2014, the City Manager negotiated a contract between the City of Port Arthur and Carroll &Blackman, Inc. for monitoring of the Storm Water Pollution Prevention Plan (SWP3) for Transit Facilities, located at 320 Dallas Avenue, and the Auto Scrubber located at 244 Procter Street;and, WHEREAS, with the completion of the new Transit Administration Building, located at 344 Procter Street it will also be included in the management of the Storm Water Pollution Prevention Plan; and, WHEREAS, the U.S. Environmental Protection Agency (EPA) set regulations on construction activities to prevent contamination through a program known as the National Pollutant Discharge Elimination System; and, WHEREAS, the Texas Commission on Environmental Quality (TCEQ) operates this program under the Texas Pollutant Discharge Elimination System; and, WHEREAS, there are several storm water discharges that are monitored and regulated, it is necessary to have Storm Water Industrial (SWP3) Management Services for the City of Port Arthur Transit facilities located at 320 Dallas Avenue, 244 Procter Street, and 344 Procter Street, which require monitoring per the Federal Water Pollution Control Act; and, WHEREAS, pursuant to the requirements of Chapter 2254 of the Texas Government Code, the City determined that Carroll & Blackman, Inc. has demonstrated that it possesses the competence and qualifications necessary to perform the needed services as they are the most familiar with the monitoring of the Storm Water Pollution Prevention Plan(SWP3)for the Port Arthur Transit Facilities;and, WHEREAS, Carroll & Blackman, Inc. has submitted a proposal to provide engineering management services for the Storm Water Pollution Prevention Plan in an amount of$4,500 annually, as delineated in the contract attached as Exhibit"A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR: THAT,the City Manager is hereby authorized to enter into a two(2)year contract with Carroll& Blackman, Inc. to provide professional engineering management services related to Storm Water Pollution Plan (SWP3) for the City's Transit Facilities located at 320 Dallas Avenue, 244 Procter Street, and 344 Procter Street. � r P.R.No. 19103 09/30/2015 DA THAT,the total contract amount will be billed in a lump sum on a percent completion basis for each quarter in the amount of$4,500 annually; funding available in Professional Services Transit account 401-1504-561.54-00. THAT,a copy of the caption of this Resolution is spread upon Minutes of the City Council. READ, ADOPTED, AND APPROVED, this day of October, A.D. 2015, at a Regular Meeting of the City Council of the City of Port Arthur, Texas,by the following vote: AYES: Mayor: ; Councilmembers: ; ; NOES: . Mayor ATTEST: City Secretary APPROVED AS TO FORM: 14 ( (1 City Attorney APPROVED FOR ADMINISTRATION: City Manager n� Transit General Manager ( , D__Lc-__ . 44-S,,,,,_ Transit Project Manager f P.R.No. 19103 09/30/2015 DA APPROVED AS TO AVAILABILITY OF FUNDS: Interim—Pittance Director 401-1504-561.54-00) Lic4Nti Acting Purchasing Manager EXHIBIT "A" THE STATE OF TEXAS § COUNTY OF JEFFERSON§ CONTRACT FOR PROFESSIONAL SERVICES FEDERAL/STATE FUNDS PART I—AGREEMENT THIS AGREEMENT, entered into as of this day of October, 2015, by and between the City of Port Arthur, Port Arthur, Texas (hereinafter called the "CITY") acting herein by its City Manager, duly authorized by Resolution No. 14-379, dated August 2, 2014 of the City Council of the City of Port Arthur and Carroll & Blackman, Inc. for update of the Storm Water Pollution Plan(hereinafter called the "ENGINEER") acting herein by Kim Carroll, P.E. is here unto duly authorized: WITTNESSETH: WHEREAS, the CITY desires to engage the ENGNEER to (1) render certain technical and professional services hereafter described in"Scope of Services" or(2)perform certain work hereafter described in"Scope of Services"; the Parties hereto do mutually agree as follows: 1. EMPLOYMENT OF ENGINEER The CITY hereby agrees to engage the ENGINEER and the ENGINEER hereby agrees to perform the "Scope of Services" hereinafter set forth. This Contract for professional services shall be performed in Port Arthur, Jefferson County, Texas. 2. SCOPE OF SERVICES Engineering services in connection with the Storm Water Pollution Plan(SWP3) for transit. Preparation of plans and specifications and construction phase services, including design, production documents, monitoring data and resident project representation for the following described project(s), to wit: The services rendered by the ENGINEER for the Project to be designed for construction are divided into three n(3) distinct and sequential phases as follows: 1. Preliminary Phase—Preliminary studies, layout, and cost estimates to amend or update the plans. 2. Planning Phase—Preparation of plans, specifications for TCEQ compliance and other EPA reports and documents recorded for the files. Duties, responsibilities and limitations of authority of Engineer will be related to that fully described in Exhibit"B". c. Consult and advise the CITY, issue all instructions to the Contractor requested by the CITY, and prepare and issue routine change orders with the CITY'S approval. d. On matter's requiring the CITY'S involvement the ENGINEER shall provide the CITY'S designated representative with all facts germane to such matters along with a complete recommendation for the CITY to consider. Upon the decision of the CITY, the ENGINEER shall be notified of the CITY'S decision with instructions to inform the Contractor. All matters of this nature shall be reduced to writing for the record as soon as practical. The Engineer shall have other duties in this regard that may be included in the General Conditions of construction contract documents: g) Review samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the Contractor submits. This review is for the benefit of the CITY and covers only general conformance with the information given by the Contract Documents. The Contractor is to review and stamp his approval on submittals prior to submitting to the ENGINEER, and review by the ENGINEER does not relieve the Contractor of any responsibility such as dimensions to be confirmed and correlated at the job site, appropriate safety measures to protect workers and the public, or the necessity to construct a complete and workable facility in accordance with the Contract Documents. h) Obtain and reviews monthly the final estimates for payments to Contractors, furnish to the CITY any recommended payments to Contractors and assemble written guarantees which are required by the Contractor Documents. i) Conduct, in company with the CITY, a final inspection of the Project for compliance with the Contractor Documents and submit recommendations concerning Project status as it may affect the CITY'S final payments to Contractor. B. ADDITIONAL SERVICES All work performed by ENGINEER at request of the CITY which is not included in the Basic Services defined above, shall constitute Additional Service. Unless included in said Basic Services, Additional Services may include but are not limited to the following: 1) Studies, tests and process determination to establish basis of design for water and waste treatment facilities. 1 2) Land surveys, and establishment of boundaries and monuments and related office computation and drafting. 3) Preparation of property or easement descriptions. 4) Preparation of any special reports required for marketing of bonds. 5) Small design assignments (estimated construction cost less than $100,000). 6) Appearances before regulatory agencies. 7) Assistant to the CITY as an expert witness in any litigation with third parties, arising for development or construction of the Project, including preparation of engineering data and reports. 8) Special investigations involving detailed consideration of operation, maintenance and overhead expenses; preparation of rate schedules; earnings and expense statements; special feasibility studies; appraisals; evaluations; and material audits or inventories required for certification of force account construction performed by the CITY. 9) Special soil and foundation investigations, including field and laboratory tests,borings, related engineering analyses, and recommendations. 10) Detailed mill, shop and/or laboratory inspection of materials or equipment. 11) Travel and subsistence required of the ENGINEER and authorized by the CITY to point other than the CITY'S or ENGINEER's offices and Project site. 12) Additional copies of reports over ten (10) sets and additional sets of Contract Documents over twenty (20) sets. 13) Preparation of applications and supporting documents for government grants or planning advances for TRANSIT projects. 14) Preparing of environmental statements and assistance to CITY in preparing for, and attending public hearings. 15) Plotting, computing, and filing plats of subdivisions; staking of lots; an related land planning and partitioning functions 16) Revision of contract drawings after a definite plan has been approved by the CITY redrawing of plans to show work as actually constructed. 17) Services after issuance of Certificate of Completion. 18) Services to investigate existing conditions or facilities or to make measured drawings thereof, or to verify accuracy of drawings or other information furnished by Client. 19) Preparation of operating instructions and manuals for facilities and training of personnel and assistance in operation of facilities. 20) Additional or extended services during construction made necessary by work damaged by fire or other cause during construction, defective or neglected work of contractor; services rendered after prolongation of construction contract time by more than 20% acceleration of work schedule involving services beyond normal working hours; or default under construction contract due to delinquency or insolvency. 21) Providing any other service not otherwise including in this agreement or not customarily furnished in accordance with generally accepted engineering practice. 22) Any other special or miscellaneous assignments specifically authorized by the CITY. 4. TIME OF PERFORMANCE ENGINEER will proceed immediately upon execution of this Contract with performance of the services called under Basic Services with completion within two(2)years after execution, unless delay by causes outside control of the ENGINEER, and will proceed with subsequent work only on authorization by the CITY. ENGINEER shall immediately submit to the CITY in writing evidence of delay satisfactory to the City Engineer's reasonable discretion upon which an extension of time equal to the period of actual delay shall be granted in writing. 5. INFORMATION AND SERVICES TO BE FURNISHED ENGINEER It is agreed that the CITY will furnish, without charge, for use of the Contract information, data, reports,records, and maps as are existing, available, and necessary for the carrying out of the work of the ENGINEER as outlined under"Scope of Services". The CITY and its agencies will cooperate with the ENGINEER in every way possible to facilitate the performance of the work described in this Contract. 6. COMPENSATION AND METHOD OF PAYMENT A. COMPENSATION City will pay ENGINEER for work performed and services rendered under Paragraph 2, "Scope of Services"(Basic Services and Additional Services), at the following rates: SEE EXHIBIT "A"ATTACHED HERETO AND MADE A PART HEREOF. It is agreed that total fees for Basic Services(including subcontracted engineering services as described herein)under this Contract, as defined in Paragraph 2A and based on the preceding schedule, shall not exceed the sum of$4,500.00 annually. B. PAYMENT ENGINEER will invoice the CITY monthly for its services and charges incurred by ENGINEER for subcontracted engineering services performed under the direction and control of ENGINEER as described herein. 6. RECORDS ENGINEER shall keep accurate records, including time sheets and travel vouchers,of all time and expenses allocated to performance of Contract work. Such records shall be kept in the office of the ENGINEER for a period of not less than five(5)years and shall be made available to the CITY for inspection and copying upon reasonable request. 7. OWNERSHIP OF DOCUMENTS All documents, including original drawings, estimates, specifications, field notes and data are property of CITY.ENGINEER may retain reproducible copies of drawings and other documents. All documents, including drawings and specifications prepared by ENGINEER are instruments of service in respect to the project. They are not intended or represented to be suitable for reuse by CITY or others on extension of the Project or on any other project without written verification or adaption by ENGINEER for the specific purpose intended. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. 8. INSURANCE All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The ENGINEER shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits (no insurance policy or certificate of insurance required below shall contain any aggregate policy year limit unless a specific dollar amount (or specific formula for determining a specific dollar amount) aggregate policy year limit is expressly provided in the specification below which covers the particular insurance policy or certificate of insurance): 1. Standard Worker's Compensation Insurance (with Waiver of Subrogation in favor of the City of Port Arthur, its officers, agents and employees.) 2. Commercial General Liability occurrence type insurance. (No "XCU" restrictions shall be applicable.)Products/completed operations coverage must be included, and the City of Port Arthur, its officers, agents and employees must be named as an additional Insured. a. Bodily injury $500,000 single limit per occurrence or $500,000 each person/$500,000 per occurrence. b. Property Damage $100,000 per occurrence. c. Minimum aggregate policy year limit$1,000,000. 3. Commercial Automobile Liability Insurance (including owned, non-owned and hired vehicles coverage). a. Minimum combined single limit of $500,000 per occurrence for bodily injury and property damage. b. If individual limits are provided minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. 4. Contractual Liability Insurance covering the indemnity provision of this contract in the same amount and coverage as provided for Commercial General Liability Policy, specifically referring to this Contract by date, job number and location. 5. ENGINEER also agrees to maintain Professional Liability Insurance coverage of $250,000 minimum per occurrence/claim/policy year aggregate limits against ENGINEER for damages arising in the course of, or as a result of, work performed under this Contract. Coverage shall continue for a minimum of two (2) years after the ENGINEER assignment under this Contract is completed. Additional Professional Liability Insurance required is Errors and Omission liability applies. ENGINEER shall cause ENGINEER's insurance company or insurance agent to fill in all information required (including names of insurance agencies, ENGINEER and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into a valid certificate of insurance the CERTIFICATE OF INSURANCE Form attached to and made a part of this Contract, and pertaining to the above listed Items 1,2,3,4, and 5; and before commencing any of the work and within the time otherwise specified, ENGINEER shall file said completed Form with the CITY. None of the provisions in said Form shall be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form contains a provision that coverages afforded under the policies will not be altered, modified or cancelled unless at least ten-(l0) days prior written notice has been given to the CITY. ENGINEER shall also file with the CITY valid CERTIFICATE(s) OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form(s) shall in any event be filed with CITY not more than ten(10) days after execution of this Contract. Deductible on policy for Professional Liability shall not exceed $ 5,000 unless specifically approved by the Owner. 9. PROFESSIONAL LIABILITY A. ENGINEER shall be responsible for the use and employment of reasonable skill and care befitting the profession in the designs, drawings, plans, specifications, data, reports and designation of materials and equipment provided by ENGINEER for the Project covered by this Contract. Approval by CITY shall not constitute nor be deemed a release or waiver of the responsibility and liability of ENGINEER for the accuracy and competency of such designs, drawings, plans, specifications, data, reports and designation of materials and equipment. Contractor will be responsible for the actual supervision of Construction operations and safety measures involving the work, his employees and the public, but the ENGINEER will advise the Contractor of any items requiring the attention and action of the Contractor. B. If services include periodic visits to the site to inspect work performed by another Contractor, ENGINEER is responsible for exercising reasonable care and skills befitting the profession to assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the CITY against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. During visits to the construction site, and on the basis of the ENGINEER's onsite observations as an experienced and qualified design professional, he will keep the CITY informed on the extent of the progress of the work, and advise the CITY of material and substantial defects and deficiencies in the work of material and substantial defects and deficiencies in the work of Contractors which are discovered by the ENGINEER or otherwise brought to the ENGINEER's attention in the course of construction, and may, on behalf of the CITY exercise whatever rights the CITY may have to disapproved work and materials as failing to conform to the Contract Documents. C. In connection with the services of Resident Project Representatives, ENGINEER will use the usual degree of care and prudent judgment in the selection of competent Project Representatives, and the ENGINEER will use best efforts to see that the Project Representatives are on the job to perform their required duties. In performing these duties and services (described in this sub-paragraph), ENGINEER is responsible for exercising reasonable care and skill befitting the profession the assure that the Contractor performs the work in accordance with Contract Documents and to safeguard the City against defects and deficiencies in the work; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor. D. In performing these services the ENGINEER will at all times endeavor to protect the CITY on the Project and work Sites and safeguard the CITY against defects and deficiencies in the work of the Contractor; provided, however, ENGINEER does not guarantee or insure the work completed by the Contractor, nor is ENGINEER responsible for the actual supervision of construction operations or for the safety measures that the Contractor takes or should take. E. ENGINEER shall not be responsible for any excess of construction costs over an amount estimated. 10. INDEMNIFICATION ENGINEER shall comply with the requirements of all applicable laws, rules, and regulations in connection with the services of ENGINEER and shall exonerate, indemnify and hold harmless the CITY, its officers, agents and all employees from any and all liability, loss or damage arising out of noncompliance with such laws, rules and regulations; without limitation, ENGINEER shall assume full responsibility for payments of Federal, State and Local taxes or contributions imposed or required under the Social Security, Workers Compensation, and Income Tax Laws with respect to ENGINEER' employees. Further, ENGINEER shall exonerate, indemnify and hold harmless the City, its officers, agents and all employees from any and all liability, loss, damages, expenses or claims arising out of negligence of ENGINEER, its officers, agents and employees in connection with any of the work performed or to be performed under this Contract by ENGINEER or as a result of ENGINEER'S failure to use and employ reasonable skill and care befitting the profession in accordance with paragraph 9 hereof. Further, ENGINEER shall exonerate, indemnify and hold harmless the City, its officers, agents, and all employees from any and all liability, loss, damages, expenses or claims for infringement of any copyright or patents arising out of the use of any plans, design, drawings, or specifications furnished by ENGINEER in the performance of this Contract. The foregoing indemnification provision shall apply to ENGINEER regardless of whether or not said liability, loss, damages, expenses, or claims is caused in part by a party indemnified hereunder. 11. ADDRESS OF NOTICE AND COMMUNICATIONS CITY: ENGINEER: Brian McDougal, City Manager Kim Carroll,P.E. CITY OF PORT ARTHUR CARROLL&BLACKMAN P.O. Box 1089 1120 Fannin Street Port Arthur, Texas 77641 Beaumont, Texas 77701 409-983-8102 409-833-3363 All notices and communications under this Contract shall be mailed or delivered to CITY and ENGINEER at the above addresses. 12. CAPTIONS Each paragraph of this Contract has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any Paragraph or in any way determine its interpretation or application. 13. SUCCESSORS AND ASSIGNMENTS The CITY and the ENGINEER each binds himself and his successors,executors, administrators, and assigns of such party of this Contract and to the successors, executors,administrators and assigns of such other party in respect to all covenants of this Contract.Except as above,neither the CITY nor the ENGINEER shall assign, sublet, or transfer his interest in this Contract without the written consent of the other.Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto. 14. TERMINATION OF CONTRACT FOR CAUSE If,through any cause,the ENGINEER shall fail to fulfill in a timely and proper manner his obligations under this Contract, or if the ENGINEER shall violate any of the covenants, agreements, or stipulations of this Contract,the CITY shall thereupon have the right to terminate this Contract by giving written notice to the ENGINEER of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In such event, all furnished or unfurnished documents, data, studies, survey, drawings, maps,models,photographs,and reports prepared by the ENGINEER under this Contract shall, at the option of the CITY, become the CITY's property and the ENGINEER shall be entitled to receive just and equitable compensation for any work completed hereunder. Notwithstanding the above, the ENGINEER shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of the Contract by the ENGINEER and the CITY may withhold any payment to the ENGINEER for the purpose of setoff until such time as the exact amount of damages due the CITY from the ENGINEER is determined. 15. TERMINATION FOR CONVENIENCE OF THE CITY The CITY may, at its convenience, terminate this Contract at any time by giving at least thirty (30) days notice in writing to the ENGINEER. If the Contract is terminated by the CITY as provided herein, the ENGINEER will be paid for the time provided and expenses incurred up to the termination date. If this Contract is terminated due to the fault of the ENGINEER, Paragraph 14 hereof relative to termination shall apply. 16. CHANGES The CITY may, from time to time, request changes in the Scope of Services of the ENGINEER to be performed hereunder. Such changes, including any increase or decrease in the amount of the ENGINEER'S compensation, which are mutually agreed upon by and between the CITY and ENGINEER, shall be incorporated in written amendments to this Contract. 17. PERSONNEL A. The ENGINEER represents that he has, or will secure at this own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the CITY. B. All of the services required hereunder shall be performed by the ENGINEER or under his supervision and all personnel engaged in the work shall be fully qualified and, if applicable shall be authorized or permitted under State and local law to perform such services. C. None of work or services covered by this Contract shall be subcontracted without the prior written approval of the CITY. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 18. REPORTS AND INFORMATION The ENGINEER at such times and in such forms as the CITY may require, shall furnish the CITY such periodic reports it may request pertaining to the work or services undertaken pursuant to this Contract, including the costs and obligations incurred or to be incurred in connection therewith and any other matters covered by this Contract. 19. CIVIL RIGHTS Under Chapter 106 Civil Practice and Remedies Code of the Revised Civil Statutes of Texas, no person shall, on the grounds of race, religion, color, sex or national origin, be excluded due to discrimination under any program or activity of the CITY. The ENGINEER will carry out its work under this Contract in a manner which will permit full compliance by the CITY with the Statute. 20. INTEREST OF ENGINEER AND EMPLOYEES The ENGINEER covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area of any parcels therein or any other interest which would conflict in any manner or degree with the performance of his services hereunder. The ENGINEER further covenants that in the performance of this Contract,no person having any such interest shall be employed. 21. INCORPORATED OF PROVISIONS REQUIRED BY LAW Each provision and clause required by law to be included in the Contract shall be deemed to be inserted herein and the Contract shall be read and enforced as though each were inserted herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted,the Contract shall be amended to make such insertion on application by either party. EXECUTED in two(2)counterparts(each of which is an original)on behalf of ENGINEER by CARROLL&BLACKMAN, Inc.Kim Carroll,P.E. (Principal) shown below, and on behalf of the CITY by its City Manager thereto duly authorized this day of October 2015. ACCEPTED: PROPOSED AND AGREED TO: CITY: ENGINEER: CITY OF PORT ARTHUR, TEXAS CARROLL&BLACKMAN, INC. CITY MANAGER REPRESENTATIVE DATE: DATE: ATTEST: ATTEST: CITY SECRETARY WITNESS APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" Engineer's Billing Rates For Personnel/Equipment/Reimburseables BASIS OF COMPENSATION - ENGINEERING FEES Principal Registered Professional Engineer $170.00 per hour Senior Project Engineer $155.00 per hour Senior Electrician Engineer $235.00 per hour Project Engineer and Registered Land Surveyor $135.00 per hour Computer Programming Specialist $155.00 per hour GIS Specialist $120.00 per hour Senior Environmental Scientist $155.00 per hour Environmental Scientist $114.00 per hour Environmental Technician $ 93.00 per hour Engineering in Training (EIT) $ 93.00 per hour Level 1 $ 93.00 per hour Level 2 $109.00 per hour Technician VI (Project Manager, Sr. Designer, Real Property Specialist) $124.00 per hour Technician V (Designer, Survey Coordinator) $103.00 per hour Technician IV (Autographic Operator, Office Survey Technician) $ 88.00 per hour Technician III (Jr. Autographic Operator, Field Survey, Party Chief) $ 73.00 per hour Technician II (Data Entry, Field Survey Technician $ 63.00 per hour Resident Project Representative $ 91.00 per hour Secretary/Typist $ 55.00 per hour. Reimbursable expenses such as outside reproduction services, courier service, photo processing, and sub-consultant services will be invoiced at cost plus 10%. Rates are adjusted as necessary at the beginning of each calendar year to reflect increases in cost of operation, inflation etc. Invoices based on these rates or on any other contractual arrangements with Carroll & Blackman, Inc. are NET 30 DAYS unless specific arrangements/agreements are made. If payment is not received in 30 days, project work will proceed at our discretion. Finance charges will be assessed on overdue accounts at the rate of 2% per month compounded daily. Exhibit "A" ATTACHMENT"1" SCOPE OF WORK FOR SWP3 MANAGEMENT ALONG WITH OTHER ENVIRONMENTAL DOCUMENT REVIEW PERTAINING TO PLANNING PROGRAMS • Conduct periodic inspections and quarterly visual monitoring at the facility in compliance with the Multi-Sector General Permit(MSGP). • Conduct appropriate employee training in compliance with the MSGP. • Conduct annual records review meeting and develop annual report. EXHIBIT "B" DUTIES, RESPONSIBILITIES AND LIMITATIONS OF AUTHORITY OF RESIDENT PROJECT REPRESENTATIVE A. General Resident Project Representative as ENGINEER'S Agent, will act as directed by and under the supervision of ENGINEER and will confer with the ENGINEER regarding his actions. Resident Project Representative's dealings in matters pertaining to the on-site work shall in general be only with ENGINEER and Contractor, and dealings with subcontractors shall only be through or with the full knowledge of Contractor. Written communication with CITY will be only through or as directed by ENGINEER. B. Duties and Responsibilities Resident Project Representative will: 1. Schedules Review the progress schedule, Shop Drawing submissions and schedule of values prepared by Contractor and consult with ENGINEER concerning their acceptability. 2. Conferences Attend pre-construction conferences. Arrange a schedule of progress meetings and other job conferences as required in consultation with ENGINEER and notify those expected to attend in advance. Attend meetings, and maintain and Circulate copies of minutes thereof. 3. Liaison a. Serve as ENGINEER'S liaison with Contractor, TECQ,working principally through Contractor's superintendent and assist him in understanding the intent of the Contract Documents. Assist ENGINEER in serving as CITY'S liaison with Contractor when Contractor's operations affect • CITY'S on-site operations. b. As requested by ENGINEER, assist in obtaining from CITY additional details or information, when required at the job site for proper execution of the work. 4. Shop Drawings and Samples a. Keep a record of approved Shop Drawings and samples, receive samples which are furnished at the site by CONTRACTOR, and notify ENGINEER of their availability for examination. b. Advise ENGINEER and Contractor or its superintendent immediately of the commencement of any work requiring a Shop Drawing or sample submission if the submission has not been approved by ENGINEER. 5. Review of Work, Rejection of Defective Work, Inspections and Test: Conduct periodic on-site observations of the work in progress to assist ENGINEER in determining if the work is proceeding in accordance with the Contract Documents and that completed work will conform to the Contract Documents. a. Report to ENGINEER whenever he believes that any work is unsatisfactory, faulty or defective or does not conform to the Contract Documents, or does not meet the requirements of any inspections, test or approval required to be made or has been damaged prior to final payment; and advise ENGINEER when he believes work should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. b. Verify that tests, equipment and systems startups and operating and maintenance instructions are conducted as required by the Contract Documents and in presence of the required personnel, and that Contractor maintains adequate records thereof; observe, record and report to ENGINEER appropriate details relative to the test procedures and startups. c. Accompany visiting inspectors representing public or other agencies having jurisdiction over the project, record the outcome of these inspections and report to ENGINEER. 6. Interpretation of Contract Documents Transmit to Contractor ENGINEER'S clarifications and interpretations of the Contract Documents. 7. Modifications Consider and evaluate Contractor's suggestions for modifications in drawings or specifications and report them with recommendations to ENGINEER IF there are Errors and Omissions on the part of the Engineer, said liability shall lie with them and no additional payment will be required on the part of the City, only the need for additional time to reconcile the situation. 8. Records a. Maintain at the job site orderly files for correspondence, reports of job conferences, shop drawings and sample submissions, reproductions of original Contract Documents including all addenda, change orders, field orders, additional drawings issued subsequent to the execution of the Contract, ENGINEER'S clarifications and interpretations of the Contract Documents, progress reports, and other Project related documents. b. Keep a daily diary and a daily report log book, recording hours on the job site, weather conditions, data relative to questions of extras or deductions, list of visiting officials and representatives of manufactures, fabricators, suppliers and distributors, daily activities, decisions, observations in general and specific observations in more detail as in the case of observing test procedures. Send copies of daily reports to ENGINEER. c. Record names, addresses and telephone numbers of all Contractor, subcontractors and major suppliers of materials and equipment. 9. Reports a. Furnish ENGINEER periodic reports as required of the work and Contractor's compliance with the approved progress schedule and schedule of shop drawings submissions. b. Consult with ENGINEER in advance of scheduled major test, inspections or start of important phases of the work. c. Report immediately to ENGINEER upon the occurrence of an accident. 10. Payment Requisitions Review applications for payment with Contractor for compliance with the established procedure for their submission and forward those with the recommendations to ENGINEER, noting particularly their relation to the schedule of values, work completed and materials and equipment delivered at the site but not incorporated in the work. Engineers' payment will be quarterly. 11. Certificates. Maintenance and Operation Manuals During the course of the work, verify that certificates, maintenance and operation manuals and other data required to be assembled and furnished by Contractor are applicable to the items actually installed; and delivered this material to ENGINEER for his review and forwarding to OWNER prior to final acceptance of the work. 12. Completion a. Before ENGINEER issues a Certificate of Substantial Completion, submit to Contractor a list of observed items regarding completion or correction. b. Conduct final inspection in the company of ENGINEER, CITY, and Contractor and prepare a final list of items to be completed or corrected. c. Verify that all items on final list have been completed or corrected and make recommendations to ENGINEER concerning acceptance. C. Limitations of Authority Except upon written instructions of ENGINEER, Resident Project Representative: 1. Shall not authorize any deviation from the Contract Documents or approve any substitute materials or equipment. 2. Shall not exceed limitations on ENGINEER'S authority as set forth in the Contract Documents. 3. Shall not undertake any of the responsibilities of Contractor, subcontractors or Contractor's Superintendent, or expedite the work. 4. Shall not advise on or issue directions relative to any aspect of the means, methods, techniques, sequences or procedures of construction unless such is specifically called for in the Contract Documents. 5. Shall not advise on or issue directions as to safety precautions and programs in connection with the work. 6. Shall not authorize the City to occupy the Project in whole or in part. 7. Shall not participate in specialized field or laboratory tests. 1 EXHIBIT "C" List of Subcontracted Engineers CONTRACT FOR PROFESSIONAL SERVICES (FEDERAL/STATE FUNDS) PART II - TERMS AND CONDITIONS 1. Termination of Contract for Cause If through any cause, the Consultant shall fail to fulfill in timely and proper manner his obligations under this Contract, or if the Consultant (engineer, architect or other profession) shall violate any of the covenants, agreements, or stipulations of this Contract, the City shall thereupon have the right to terminate this Contract by giving written notice to the Consultant of such termination and specifying the effective date thereof, at least five days before the effective date of such termination. In such event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs and reports prepared by the Consultant under this Contract shall, at the option of the City, become CITY'S property and the Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed hereunder. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the Contract by the Consultant and the City may withhold any payments to the Consultant for the purposes of set off such time as the exact amount of damages due the City from the Consultant is determined. 2. Termination for Convenience of the City The City may terminate this Contract at any time by giving at least thirty (30) days notice in writing to the Consultant. If the Contract is terminated by the City as provided herein, the Consultant will be paid for the time provided and expenses incurred up to the terminated date. If this Contract is terminated due to the fault of the Consultant, Paragraph 1 hereof relative to termination shall apply. 3. Changes The City may, from time to time, request changes in the Scope of Services of the Consultant to be performed hereunder. Such changes, including any increase or decrease in the amount of the Consultant's compensation, which are mutually agreed upon by and between the City and the Consultant, shall be incorporated in written amendments to this Contract. 4. Personnel A. The Consultant represents that he has, or will secure at his own expense, all personnel required in performing the services under this Contract. Such personnel shall not be employees of or have any contractual relationship with the City. B. All of the services required hereunder shall be performed by the Consultant or under his supervision and all personnel engaged in the work shall be fully qualified and shall be authorized or permitted under State and local law to perform such services. C. None of the work or services covered by this Contract shall be subcontracted without the prior written approval of the City. Any work or services subcontracted hereunder shall be specified by written Contract or agreement and shall be subject to each provision of this Contract. 5. Assignability The Consultant shall not assign any interest in this Contract, and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the City thereto; provided, however, that claims for money due the Consultant from the City under this Contract may be assigned to a bank, trust company, or other financial institution without such approval. Notice of any such assignment or transfer shall be furnished promptly to the City. 6. Reports and Information The Consultant, at such times and in such forms as the City may require, shall furnish the City such periodic reports as it may request pertaining to the work or services undertaken pursuant to this Contract, the costs and obligations incurred or to be incurred in connection therewith, and any other matters covered by this Contract. 7. Records and Audits The Consultant shall maintain accounts and records, including personnel, property and financial records, adequate to identify and account for all costs pertaining to the Contract and such other records as may be deemed necessary by the City to assure proper accounting for all project funds, both Federal/State and Non-Federal/State shares. These records will be made available for audit purposes to the City or any authorized representative, and will be retained for not less than five (5) years after the expiration of this Contract unless permission to destroy them is granted by the City. 8. Findings Confidential All of the reports, information, data, etc., prepared or assembled by the Consultant under this Contract are confidential and the Consultant agrees that they shall not be made available to any individual or organization without the prior written approval of the City. 9. Copyright No report, maps, or other documents produced in whole or in part under this Contract shall be the subject of an application for copyright by or on behalf of the Consultant. 10. Compliance with Local Laws The Consultant shall comply with all applicable laws, ordinances, and codes of the State and local governments, and the Consultant shall save the City harmless with respect to any damages arising from any tort done in performing any of the work embraced by this Contract. 11. Equal Employment Opportunity During the performance of this Contract,the Consultant agrees as follows: a. Consultant will not discriminate against any employee or applicant for employment because of sex, race, creed, color, or national origin. The Consultant will take affirmative action to ensure that applicants are employed, and the employees are treated, during employment, without regard to their sex, race, creed, color, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the City setting forth the provisions of this nondiscrimination clause. b. The Consultant will, in all solicitations or advertisements for employees placed by or on behalf of the Consultant, state that all qualified applicants will receive consideration for employment without regard to sex, race, color or national origin. c. The Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Contract so that such provisions will be binding upon each subcontractor, provided that the foregoing provisions shall not apply to contracts or subcontracts for standard commercial supplies or raw materials. 12. Civil Rights Act of 1964 Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance 13. Section 109 of the Housing and Community Development Act of 1974 No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation, be denied the benefits if, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this title 14. Compliance with Employment Opportunities for Businesses and lower Income Persons The Consultant shall comply with the regulations of Section 3 of the Housing and Urban Development Act of 1968. A copy of the Federal Register, Title 24 part 135.20 sub- paragraph (b) "Section 3 Clause" is made a part of this Contract: a. The work to be performed under this Contract is on a project assisted under a program providing State Funds or direct federal financial assistance from the Department of Housing and Urban Development or other Federal Agencies and is subject to the requirements of Section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest extent feasible, opportunities for training and employment be given lower income residents of the project area and contracts for work in connection with the project be awarded to business concerns which are located in, or owned in substantial part by persons residing in the area of the project. b. The parties to this Contract will comply with the provisions of Section 3 and the regulations issued pursuant thereto by the Secretary of Housing and Urban Development not forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued there under prior to the execution of this contract. The parties to this contract certify and agree that they are under no contractual or other disability which would prevent them from complying with those requirements. c. The Consultant will send to each labor organization or representative of workers with which he has a collective bargaining agreement or other contract of understanding, if any, a notice advising the said labor organization or worker's representative of his commitments under this Section 3 clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment or training. d. The Consultant will include this Section 3 clause in every subcontract for work in connection with the project and will, at the direction of the applicant for or recipient of federal financial assistance, take appropriate action pursuant to the subcontract upon a finding that the subcontractor is in violation of regulations issued by the Secretary of Housing and Urban Development, 24 CFR 131. The Consultant will not subcontract with any subcontractor where it has notice or knowledge that the latter has been found in violation of regulations under 24 CFR Part 135 and will not let any subcontract unless the subcontractor has first provided it with a preliminary statement of ability to comply with the requirements of these regulations. e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR Part 135, and all applicable rules and orders of the Department issued there under prior to the execution of the Contract, shall be a condition of the federal financial assistance provided to the project, binding upon the applicant or recipient for such assistance, its successors, and assigns. Failure to fulfill these requirements shall subject the applicant or recipient, its contractors and subcontractors, its successors, and assigns to those sanctions specified by the grant or loan agreement or contract through which federal assistance is provided, and to such sanctions as are specified by 24 CFR 135. 15. Section 3 Handicapped (if$25,000 or Over Affirmative Action for Handicapped Workers) a. The Contractor will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices such as the following: Employment, upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. c. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. d. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notices shall state the Contractor's obligation under the law to take affirmative action to employ and advance in employment qualified handicapped employees and applicants for employment, and the rights of applicants and employees. e. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of Section 503 of the Rehabilitation Act of 1973, and is committed to take affirmative action to employ and advance in employment physically and mentally handicapped individuals. f. The Contractor will include the provisions of this clause in every subcontract or purchase order of$2,500 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to Section 503 of the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for non-compliance. 16. Section 402 Veterans of the Vietnam Era (if$10,000 or Over). Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era. a. The Contractor will not discriminate against any employee or applicant for employment because he or she is a disabled veteran or veteran of the Vietnam Era in regard to any position for which the employee or applicant for employment is qualified. The Contractor agrees to take affirmative action to employ, advance in employment and otherwise treat qualified disabled veterans and veterans of the Vietnam Era without discrimination based upon their disability or veteran status in all employment practices such as the following: Employment upgrading, demotion or transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. b. The Contractor agrees that all suitable employment openings of the Contractor which exist at the time of the execution of this contract and those which occur during the performance of this contract, including those not generated by this contract and including those occurring at an establishment of the Contractor other than the one wherein the contract is being performed but excluding those of independently operated corporate affiliates, shall be listed at an appropriate local office of the State employment service system wherein the opening occurs. The Contractor further agrees to provide such reports to such local office regarding employment openings and hires as may be required. State and local government agencies holding Federal contracts of$10,000 or more shall also list all their suitable openings with the appropriate office of the State employment service, but are not required to provide those reports set forth in paragraphs (D) and (E). c. Listing of employment openings with the employment service system pursuant to this clause shall be made at least concurrently with the use of any other recruitment source or effort and shall involve the normal obligations which attach to the placing of a bona fide job order, including the acceptance of referrals of veterans' non-veterans. The listing of employment openings does not require the hiring of any particular job applicant or from any particular group of job applicants, and nothing herein is intended to relieve the Contractor from any requirements in Executive Orders or regulations regarding nondiscrimination in employment. d. The reports required by paragraph D of this clause shall include, but not be limited to, periodic reports which shall be filed at least quarterly with the appropriate local office or, where the Contractor has more than one hiring location in a State, with the central office of that State employment service. Such reports, shall indicate for each hiring location•(1) the number of individuals hired during the reporting period, (2) the number of nondisabled veterans of the Vietnam Era hired, (3) the number of disabled veterans of the Vietnam Era hired, and (4) the total number of disabled veterans hired. The reports should include covered veterans hired for on- the-job training under 38 U.S.C. 1787. The Contractor shall submit a report within 30 days after the end of each reporting period wherein any performance is made on this contract identifying date for each hiring location. The Contractor shall maintain at each hiring location copies of the reports submitted until the expiration of one year after final payment under the contract, during which time those reports and related documentation shall be made available, upon request, for examination by any authorized representatives of the contracting officer or of the Secretary of Labor. Documentation would include personnel records respecting job openings, recruitment and placement. e. Whenever the Contractor becomes contractually bound to the listing provisions of this clause, it shall advise the employment service system in each State where it has establishments of the name and location of each hiring location in the State. As long as the Contractor is contractually bound to these provisions and has so advised the State system, there is no need to advise the State system of subsequent contracts. The Contractor may advise the State system when it is no longer by this contract clause. f. This clause does not apply to the listing of employment openings which occur and are filled outside of the 50 states, the District of Columbia, Puerto Rico, Guam and the Virgin Islands. g. The provisions of paragraphs B, C, D and E of this clause do not apply to openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement. This exclusion does not apply to a particular opening once an employer decides to consider applicants outside of his own organization or employer-union arrangement for that opening. h. As used in this clause: (1) "All suitable employment openings" includes, but is not limited to, openings which occur in the following job categories: Production and non-production; plant and office; laborers and mechanics; supervisory and non- supervisory, technical, and executive, administrative, and professional openings are compensated on a salary basis of less than $25,000 per year. This term includes full-time employment, temporary employment of more than three (3) days' duration, and part-time employment. It does not include openings which the Contractor proposes to fill from within his own organization or to fill pursuant to a customary and traditional employer-union hiring arrangement or openings in an educational institution which are restricted to students of that institution. Under the most compelling circumstances an employment opening may not be suitable for listing, including such situation where the needs of the Government cannot reasonably be otherwise supplied, where listing would be contrary to national security, or where the requirement of listing would otherwise not be for the best interest of the government. (2) "Appropriate office of the State employment service system" means the local office of the Federal, State and local system of public employment offices with original responsibility for serving the area where the employment opening is to be filled, including the District of Columbia, Guam, Puerto Rico, and the Virgin Islands. (3) "Openings which the Contractor proposes to fill from within his own organization" means employment openings for which no consideration will be given to persons outside the Contractor's organization (including any affiliates, subsidiaries, and the parent companies) and includes any openings which the Contractor proposes to fill from regularly established "recall" lists. (4) "Openings which the Contractor proposes to fill pursuant to a customary and traditional employer-union hiring arrangement" mean" employment openings i A which the Contractor proposes to fill from union halls, which is part of the customary and traditional hiring relationship which exists between the Contractor and representatives of his employees. i. The Contractor agrees to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the act. j. In the event of the Contractor's noncompliance with the requirements of this clause, actions for noncompliance may be taken in accordance with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act. k. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, provided by or through the contracting officer. Such notice shall state the Contractor's obligation under the law to make affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era for employment, and the rights of applicants and employees. 1. The Contractor will notify each labor union or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the Contractor is bound by the terms of the Vietnam Era Veterans Readjustment Assistance Act, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam Era. m.The Contractor will include the provisions of this clause in every subcontract or purchase order of$10,000 or more unless exempted by rules, regulations, or orders of the Secretary issued pursuant to the Act, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the Director of the Office of Federal Contract Compliance Programs may direct to enforce such provisions, including action for noncompliance. , R ., 17. Interest of Members of City No member of the governing body of the City, and no other officer, employee, or agent of the City, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. 18. Interest of Other Local Public Officials No member of the governing body of the locality and no other public official of such locality, who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Contract; and the Consultant shall take appropriate steps to assure compliance. 19. Interest of Consultant and Employees The Consultant covenants that he presently has no interest and shall not acquire any interest, direct or indirect, in the study area of any parcels therein or any other interests which would conflict in any manner or degree with the performance of his services hereunder. The Consultant further covenants that in the performance of this Contract, no person having any such interest shall be employed. 20. Compliance with Copeland Anti-Kickback Act The Consultant shall comply with the applicable regulations of the Secretary of Labor, United States Department of Labor, made pursuant to the so-called "Anti- Kickback Act" of June 13, 1934 (48 Sta. 948: 62 Stat. 862; Title U.S.C., Section 874; and Title 40 U.S.C., Section 276c), and any amendments or modifications thereof, shall cause appropriate provisions to be inserted in subcontracts to insure compliance therewith by all subcontractors subject thereto, and shall be responsible for the submissions of affidavits required by subcontractors thereunder, except as said Secretary of Labor may specifically provide for reasonable limitation, variations, tolerances, and exemptions from the requirements thereof 21. References to Contractor All references to "Contractor" in Part II, Terms and Conditions, shall be construed to mean "Consultant" or"Engineer". 22. Incorporation of Provisions Required by Law Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If through mistake or otherwise any such provision is not inserted or is not correctly inserted, the Contract shall be amended to make such insertion on application by either party.