HomeMy WebLinkAboutC2006-301 - 7/27/2006 - NA
AMENDMENT No.1 to AGREEMENT
for
Consultant Services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home-rule
municipal corporation, 'CITY', acting through its duly authorized City Manager or designee ("City
Engineer"), and Kleinfelder , a Texas corporation or partnership, "CONSULTANT", acting through
its duly authorized representative who is:JCR1i [J /:)yt-R~l"-- (Name),A I.(;A: I1IA-LAfC-'"- (Title),
which agree as follows
1 DECLARATIONS. "CITY" desires to engage "CONSULTANT" to provide services in
connection with City's project, described as follow: TCEQ Multi-Sector General Permit
Reap"ication and Storm Water Pollution Prevention Plan Review/Modification -Amendment
No. 1 ~PROJECT"
2 SCOPE OF WORK. "CONSULTANT" shall provide services for the PROJECT in
accordance with the accompanying Letter. Scope of Services and Fee attached as "Exhibit A".
3 INDEMNIFICATION AND HOLD HARMLESS. The Consultant agrees to indemnify,
save harmless and defend the City of Corpus Christi, and its agents, servants, and employees as
more fully set forth in Exhibit "B.
4 FEE. The "CITY" agrees to pay the "CONSULTANT" for services provided in
accordance with Exhibit "A", Scope of Services and Fee under this AGREEMENT, an additional fee
of $3,125.00 (Three Thousand Twenty Five and no/xx dollars) for a restated total fee not to
exceed $30,275.00
By. ~~~~"'-'--^...~
Ronald F. Massey 'J
Assistant Cry Manager
{ 'Z 7/00
(Date)
CITY OF CORPUS CHRISTI
APPRpVED AS TO FORM:
KLEINFELDER, INC.
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P.O. Box 4293 - 5002 Ambassador Row
(Address)
Corpus Christi. TX 78469
(City, State, Zip)
361-854-4774 Fax: 361-854-4924
Funding Source: 530000-4010-30030
2006-301
07/27/06 ---
Kleinfelder
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Page 1 of 1
(Revised January 2005)
III ~ ~~~~! c~~n~ E R
July 19. 2006
Mr. Kevin Stowers
City of Corpus Christi
P.D. Box 9277
COrpus Christi, Texas 78469-9277
Stlbject:
Proposal for TCEQ Multi-Sector General Permit (MSGP) Reapplication
and Storm Water Pollution Prevention Plan (SWPPP) Review/Modification
for the City of Corpus Christi, Texas - O.N. Stevens Water Plant
Kleinfelder Proposal #630Y06PE056
o.Br Mr. Stowers:
Kltinfelder is pleased to submit the following proposal for environmental consulting services.
The purpose of this proposal is to outline the scope of work needed to assist the City of
Corpus Christi in the reapplication process pursuant to the Texas Commission on
Environmental Quality (TCEQ) Multi-Sector General Permit (MSGP). The following sections
present the project information, our proposed scope of services, time and cost information, and
procedures for authorization to perform the services.
PROJECT INFORMATION
Kteinfelder understands that the City of Corpus Christi is planning to reapply for coverage
under a newly revised TCEQ MSGP and wishes to include the O.N. Stevens Water Plant in this
coverage. The current TCEQ MSGP TXR05000 permit will expire August 20, 2006 and the
publiC comment period closed on the proposed MSGP on May 19, 2006. The City of Corpus
Christi will need the issuance of a Notice of Intent (NOI) following the modification to the
current Storm Water Pollution Prevention Plan (SWPPP) for this facility. Also, a procedure to
educate and train facility personnel on regulation changes and permit compliance will be
devised and implemented at this facility.
63tvClSPE056/CCH6P056
cOfllJlight 2006. Kleinfelder
IIIKLEINFELDER
BASIC SCOPE OF SERVICES
The SWPPP update and MSGP reapplication scope includes several areas of permit review
and observation.
Both the SWPPP review and update will include the following:
1. A regulatory information review
2. Current and proposed land-use description
3. A site and area reconnaissance visit
4. Review of physical data for the subject site
5. Detailed illustrations of storm water controls
6. Submittal of Notice Of Intent (NOI)/permit
These items are listed in greater detail below:
Regulatory Requirements Review
Kleinfelder will review current state and federal regulations pertaining to the discharge of storm
water from industrial sites to provide accurate requirements set forth by the applicable
r9lulatory agencies.
C......nt and Proposed Land Use Description
Klelnfelder will prOVide the following information if readily available and appropriate:
. A list of current structures on the subject property
. A list of proposed activities and timeline of when the proposed activities will occur.
. A detailed discussion of current land uses
SIte Reconnaissance
Site reconnaissance will involve a detailed, walking field survey by an experienced
environmental professional including the activities outlined below:
. Observe areas of potential erosion and surface water runoff to evaluate the need for
erosion and sedimentation controls and Best Management Practices (BMPs).
· Identify susceptible watersheds for the project site and evaluate the potential impact
concerns as a result of storm water runoff.
· Recommend site-specific erosion controls and BMPs as a result of the site
observations.
6!6V06PE0581CCH6P056
c~ 2006, KJeinfelder
July 19
...... .""""
IIIKLEINFELDER
Review of Site Physical Data
Information pertaining to the site and adjoining properties will be reviewed to identify regional
geo-physical parameters and concerns The review of site physical data will include the tasks
outlined below.
· Review of regional and local hydrogeologic information, as available
· Review of USGS topographic maps of the site area
. Review of geologic maps
· Review of county soil surveys published by the United States Department of Agriculture
Soil Conservation Service
· Review of Federal Emergency Management Agency (FEMA) flood-plain maps for the
potential of flooding and to determine the distance relationship of the subject site to a
designated floodway and/or 1 DO-year flood plain
swppp
The information collected will be evaluated in view of the proposed land use and existing
feetersl and state regulations. The report will contain a summary of geologic, hydrogeologic,
and regulatory data related to this site. The report will also contain a full description of
proposed activities and an operations timeline along with our professional recommendations
for erosion/sedimentation controls and BMPs. Additionally, the SWPPP will include a site
vicinity map, topographic map, and illustration of erosion/sedimentation controls, storm water
outfall structures, and general topographic trends.
sPCC
A Spill Prevention Control and Countermeasures (SPCC) plan is designed to control and
prevent the release of on-site hazardous products into waters of the United States. The
reflulatory threshold that requires the development of a SPCC is the on-site storage of 1,320
g.'ons or more of hazardous product such as petroleum fuels, fertilizers, lubricating fluids, and
etc. If the permitted facilities maintain a hazardous product storage amount below this
threshold value, no SPCC is needed for the current or proposed site development. Kleinfelder
can develop a site specific SPCC for additional fees, not included in this proposal.
suaMITT AL OF NOTICES
DAce the SWPPP is complete, all control measures have been implemented on the project
site, and the new TCEQ MSGP permit is issued, Kleinfelder will submit the formal Notice of
Intent (NOI) per permit to the TCEQ for the initiation of permitted activities.
6iWd6PE058/CCH6P056
c~ 2006. KJeinfelder
........ -fi;'
.. KLEINFELDER
EOUCA TION AND TRAINING PROGRAM
Kleinfelder will develop an education and training program to bring awareness of storm water
permit monitoring and regulation requirements to the employees of the permitted facilities. The
education and training program will consist of a site-specific visit with facility personnel to
discuss proper storm water sampling protocol, sampling intervals, reporting requirements, and
BMPs implementation and maintenance. Each facility will have the opportunity to engage
Kleinfelder professional staff in open dialogue to discuss concerns and comments regarding
storm water pollution prevention regulatory requirements.
INFORMATION I SERVICES TO BE PROVIDED BY THE CLIENT
The client or its agent will
. Designate in writing a person to act as its representative with respect to the services
rendered in this proposal.
. Designate in writing a person (or persons) to implement and monitor the conditions
described within the SWPPP.
. Obtain right of entry, permits, easements, permission from landowners or other access
permission, or authorization required to perform the services described in this proposal.
. Provide a general description of the proposed activities that will take place at the
omiect site and a timeline upon which those activities will occur.
DELlVERABLES AND SCHEDULE
Upon final concurrence by TCEa to the modifications to the current MSGP regulations
(estimated August 20, 20(6), the remaining SWPPP revisions can be completed within three
weeks and complete the overall services within four weeks. Additionally, Kleinfelder will
provide the client with one bound copy and one electronic copy of all reports, NOI and
education and training program materials. Please inform us of your authorization to
commence as soon as possible so that we may conduct our site visit and begin our
preparation of the NOI.
COMPENSATION
Kleinfelder proposes to perform the described services for the following fee. This amount will
not be exceeded without prior approval. The authorizing party and Kleinfelder may
subsequently agree in writing to provide for additional services to be rendered under this
agreement for additional, negotiated compensation.
SWPPP review and modification for one (1) new facility.
$2,000.00*
631JY06PE056/CCH6P056
cotJYright 2006. K1einfelder
July 19
IIIKLEINFElDER
Education and Training program development and implementation
Fees associated with proiect travel and development
Total Lump Sum Amount
$850.00
$175.00
$3,025.00*
*Price includes time to submit NOI for permit coverage, but does not include the requisite
TCEQ NOI/permit application fee of $100.00 and the annual Water Quality Fee of $100.00
(under Texas Water Code 26.0291 and TAC Chapter 205).
AUTHORIZATION
Please indicate your approval of the proposal by issuing a City of Corpus Christi contract for
our signature.
Kleinfelder looks forward to providing professional services on this project. Please call if you
have questions.
Respectfully submitted,
KL.EINFELDER
An Employee Owned Company
L:4- f2- ~
~ Jeremy D. Henson
E:nvironmental Planning and
P.-mitting Leader/Biologist
Jerry Lipstreu
Area Manager
'6i1voePE0581CCH6P056
copirright 2006, K1einfelder
July 19
Exhibit B
Mandatory Requirements
(Revised November, 2005)
INDEMNIFICATION AND HOLD HARMLESS
Consultant agrees to indemnify, save harmless and defend the City of Corpus Christi, and its
agents, servants, and employees, and each of them against and hold it and them harmless
from any and all lawsuits, claims, demands, liabilities, losses and expenses, including court
c~ts and attorneys' fees, for or on account of any injury to any person, or any death at any
time resulting from such injury, or any damage to any property, which may arise or which
may be alleged to have arisen out of or in connection with the work covered by this contract.
The foregoing indemnity shall apply except if such injury, death or damage is caused by the
sole or concurrent negligence of the City of Corpus Christi, its agents, servants, or
employees or any other person indemnified hereunder.
~""" '....
~.' '\ City of
.. Corpus
= == Chnsti
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
~-
City of Corpus Christi Ordinance 17112. as amended. requires all persons or firms seeking to do business with the City
to provide the following mformatior Every question must be answered. If the question is not applicable, answer with
"N1A
FIRM NAME: Ic./e I i/ ,": C L I~
STREET: !:,.-t' (,'.:- A J.1,1fi4 n,
FIRM is: 1. Corporation__~_
5. Other
.- ,
f I..
CITY:
ZIP: -1fy 110
2. Partnership~_
3. Sole Owner
4. Association_
DISCLOSURE QUESTIONS
If additional space is necessary. please use the reverse side of this page or attach separate sheet.
1
State the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name
_l~.l~ . -' -,,-
Job Title and City Department (if known)
2. Stete the names of each official of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Title
i4
_ ~_~__n.________.._
3 State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
Name Board. Commission or Committee
_l~ j-L_ _ ___
4 State the names of each employee or officer of a consultant for the City of Corpus Christi who worked
on any matter related to the subject of this contract and has an ownership interest constituting 3% or
more of the ownership in the above named firm.
Name Consultant
_,__.~.!_n__
CERTIFICATE
I certify that all Information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the
Citv of Corpus Christl. Texas as cflanges occur
CertlfW19 Person -::'GfllP- ~ I.,.,. (.):A II.. \. . .~
,(Type or PP....... ::" I
Signature of Certifying Person _ ~' .. ._, __.
Title: AAL:A (JIlAi.-.A12V-
Date:
7- Z/' 06
........ --
DEFINITIONS
a. Board Member A member of any board, commission or committee appointed by the City Council of the City of
Corpus Christi, Texas
b Employee. Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not
as an independent contracto!
c, Firm Any entity operated for economic gain, whether professional, industrial or commercial and whether
established to produce or deal with a product or service, including but not limited to, entities operated in the form
of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture,
receivership or trust and entities which, for purposes of taxation, are treated as non-profit organizations.
d Official. The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,
Department and Division Hei1ds and Municipal Court Judges of the City of Corpus Christi, Texas.
e Ownership interest. Legal or equitable Interest, whether actually or constructively held, in a firm, including when
such interest is held through an agent, trust, estate or holding entity. Constructively held refers to holding or
control established through voting trusts, proxies or special terms of venture or partnership agreements.
Consultant. Any person or frm, such as engineers and architects, hired by the City of Corpus Christi for the
purpose of professional consultation and recommendation
'tIIIP"-'~
Citv l)f
Coipus
Christi
ENGINEERING
SERVICES
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July 27, 2006
CO~y
Jerry Lipstreu, Area Manager
Kleinfelder
P. O. Box 4293
Corpus Christi, TX 78469
Subject:
TCEQ Multi-Sector General Permit Re-Application & Storm Water
Pollution Prevention Plan Review/Modification
Project No. 1130
Dear Mr. Lipstreu:
Enclosed is executed Amendment No.1 to the original Agreement between your
firm and City of Corpus Christi for providing additional services for the referenced
City project and is for an amount not to exceed $3,025, for a revised restated fee
not to exceed $30,275.
Please proceed per attached Amendment NO.1.
Invoices should reference the above PROJECT NAME & PROJECT NUMBER, as shown
and submitted to my attention to The City of Corpus Christi, Department of
Engineering Services, P. O. Box 9277, Corpus Christi, TX 78469.
Sincerely,
~;r:;f7-7/P~
~t1L Angel R. Escobar, P.E.,
Director of Engineering Services
ARE: rr
Encl.
cc: Kevin Stowers, Assistant Director/Engr.
Valerie Gray, Director/Storm Water
Joe Trejo, Assistant Director/Engineering
Kathy Morris, Management Assistant
Jeannette Viera, Management Aide