Loading...
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. By M% (S~JHuRtj 7 L 1 1'- (/ \7 (Date) 7/# ft b (Dale) (V1,5)~, -'PJ;e) / 1/ ~ct (Date 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 ,""""",'-" 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 P<) Ilux 'I. CU!f)ih (h" RX;l' 'H4('" ":-7 PhOlle 36 I ,'~! . \5(j(, i Faxi61-xx(< :~o I \\\'''-\\. _i..'ctl;\~!'-;i lrn , ~---~ C:~ see- . 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