HomeMy WebLinkAboutC2006-508 - 10/10/2006 - NACITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
AMENDMENT NO. 2
The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277,
Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or Designee (Director of Engineering Services) and Alan Plummer
Assc~CCiat~, Inc., a Texas corporation, 1320 South University Drive, Suite 300, Fort Worth,
Texas 76118, (Architect/Engineer - AlE), hereby agree to the amendment of the contract
approved by Motion 2004-394 on October 26, 2004 for Greenwood Wastewater Treatment
Plant 4 MGD Expansion (Project No. 7303) and amended by Motion 2006-244 on July 25,
2006 as follows:
The Scope is increased by the addition of Oso Wastewater Treatment Plant Toxic
Reduction Evaluation. Section 1 Scope of Project is amended by the addition of the
following
SCOPE OF PROJECT (Oso Wastewater Treatment Plant Toxic Reduction
Evaluation - Project No. 7367)
The project scope will consist of the initiating, conducting, and completing a Toxic
Reduction Evaluation (TRE). If there is a cessation of lethality before the TRE is
complete an evaluation of the need to continue the study will be made prior to
proceeding with the TRE. A TRE will typically consists of the following phase:
Phase I: Initiation of Toxicity Reduction Evaluation
Phase 11: Toxicity Characterization/Identification
Phase III: Toxicity Confirmation
Phase IV: Source Investigation
Phase V: Toxicity Control Evaluation
Phase VI: Toxics Control Implementation Plan
Section 2. Scope of Services is amended by the addition of the following paragraph:
2 SCOPE OF SERVICES
The A/E t~ereby agrees, at its own expense, to perform a toxic reduction evaluation
described in Exhibit "A-2" and Exhibit "A-2.1", to complete the Project. Exhibit "A-2.1"
provides supplemental description of services to Exhibit "A-2" and is not intended to
supe€sede services described in Exhibit "A-2 The consultant will begin work on
Amendment No. 2 and any Additional Services required by Amendment No. 2 upon receipt
of n~ice to proceed from the Director of Engineering Services. The anticipated project
schedule is included in "Exhibit A-2".
Section 4. Fee is amended by the addition of the following sentence:
4 FEE
The City wiN pay the A/E a fee, as described in Exhibit "A-2.1".
2006-508 Amendment No. 2 to the
10/10/06 Contract for Professional Services
Page 1 of 2
Last Revision: Dec 2004
A~~lll PIllIT1I1']Qj' ASSOCIiIteS ~~ductia~~lAEAmd2doc ~~D
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All ot~er terms and conditions of the October 26, 2004 contract, as amended, between the
City ~nd Consultant will remain in full force and effect.
CITY OF CORPUS CHRISTI
..
By (, -- ~ -=~-~-~.-~o~ {O~ iojC:.~
Ronald F. Massey, ~ 1~ Date
Assistant City Manager ~ '
ALAN PLUMMER ASSOCIATES, INC.
By a~ ' ~t4
Pegg lass, Ph. D. Date
6300 La Calma, Suite 400
Austin, TX 78752-3825
(512) 452-5905 Office
(512) 452-2325 Fax
RECOMMEIVDED
i
BY O 06
A el . Escobar, P. E., Dat
DKector of Engineering Services
ATTLST
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By _.
Armando Chapa, City Secr ary
APPROV~ AS TO FOR~I
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gy ~,{~V ~l(,~ G~ ~~ D~ ~ .
City Attorney Date
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Amendment No. 2 to the
Contract for Professional Services
Page 2 of 2
Last Revision: Dec 2004
H ~.'•HOMEIKEV!NSIGEMWASTE WA~OSOV 36-TOxicReductionlAEAmd2Aoc
EXHIBIT A-2
CITY OF CORPUS CHRISTI, TEXAS
Exhibit A is amended by the addition of the following for Amendment No. 2 for the Oso Toxicity Reduction
Evaluation~
2. SCHEDULE
PROJECT SCHEDULE
The following schedule is based on requirements in the TPDES permit:
ACTIVITY DATE
Ge~eral C~tline for Initiatin TRE October 6, 2006
T- Actit~ Plan and Scl~edule November 20, 2006
Qu~terly Progress RepoRs April 20, July 20,
October 20, & January 20
of each ear.
Fin~l Report (unless extension granted by TCEQ Executive
Director) December 22, 2008
Other scheduae dat~s are dependent on results of the TRE and cannot be determined at this time.
3. FEES
A. Fee fcir Baa~c Services. The City will pay the A/E a fixed fee for providing for all "Basic Services"
author~ed as per the table below. The fees for Basic Services will not exceed those identified and will be
full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in
performing tt~se services. T~e fee is subiect to the availabilitv of funds. The A/E mav be directed to
sus d w~ endin re i t and a ro riation of funds. For services provided in Section I.A.1-4,
A/E subrr~# monthly statements for basic services rendered. In Section I.A.1-3, the statement will be
based upon A/E's estimate (and City Concurrence) of the proportion of the total services actually completed
at the time of billing. For services provided in Section I.A.4, the statement will be based upon the percent of
compl~tion of the construction contract. City will make prompt monthly payments in response to A/E's
monthly statements.
B. Fee fc~r Add#ional Services. For services authorized by the Director of Engineering Services under
Section I.B. °Additional Services" the City will pay the A/E a not-to-exceed fee as per the table below:
~Addt~onal Services (Allowance)
j Original Contract
~ Amended
Contract Total
; 9. TRE Cot~sulting Services $0.00 $200,000 $200,000
! 10 TRE La~ratory Services
~. - $0.00
-__ $150,000 $150,000
The Summary of Fees Table is attached as Section C.
These funds will be released for potential reimbursement of Consultant, when deemed appropriate by the
City, in $50,000 increments for Item 9 and $50,000 increments for Item 10. The initial release will be
effecti~re with the approval of the amendment to the contract upon receipt of an invoice. Consultant will
invoicee the City when subsequent releases of funds are needed. The City will provide Consultant written
N 1HCMEIKEVINSIGENIWASTEWA10S017367Tox~~.cReductic~~\EXHIBIT A-2 doc
AMEND. NO. 2
EXHIBIT "A-2"
Pa e 1 of 2
notice when ~ach requested subsequent increment of funding becomes available.
Consu~ant will submit invoices for Item 9: TRE Consulting Services to the City in accordance with terms of
the original contract.
Invoices for laboratory services will be submitted to Consultant by the selected laboratories and in
accorc~nce with subcontracts between Consultant and the laboratories. Consultant will be responsible for
paym~ts to laboratories and will receive reimbursement from the City for such services. Consultant will
submit invoioes for Item 10: TRE Laboratory Services related to the TRE to the City in accordance with the
terms of the original contract.
C. Sumrrtary of Fees
Original
Contract Amend. No. 1 Amend. No. 2 Total
Basic Servicoc
1. Engineering Study and Report
A. Feasibility Report $213,594.79 0.00 0.00 $213,594.79
B. Preliminary 96,405.21 0.00 0.00 96,405.21
2. Design Ph~e (authorized) 0.00 1,286,171.01 0.00 1,286,171.01
3. Bid Phase 0.00 40,000.00 0.00 40,000.00
4. Construction Phase 0.00 207,670.86 0.00 207,670.86
Subtotal Bas#c Services 310,000.00 1,533,841.87 0.00 1,843,841.87
Additional S~rvices (Allowance)
1. Permitting (euthorized) 0.00 22,400.00 0.00 22,400.00
2. Assist Permitting (authorized) 0.00 14,100.00 0.00 14,100.00
3. Other Perrrtltting (~uthorized) 0.00 17,800.00 0.00 17,800.00
4. Topograph~ Survey (authorized) 0.00 25,200.00 0.00 25,200.00
S.Inspection 0.00 320,300.00 -320,300.00 0.00
6. Supplemental Engineering 0.00 72,100.00 -4,700.00 67,400
7. Operations and N{~intenance 0.00 44,600.00 0.00 44,600.00
8. Warranty 0.00 5,600.00 0.00 5,600.00
9. Toxicity Rgduction Evaluation 0.00 0.00 200,000.00 200,000.00
10. Toxicity Reduction Evaluation
S Laboratory Services 0.00 0.00 150,000.00 150,000.00
Sub-Total Acidition#1 Services
(Authorized) 0.00 522,100.00 25,000 547,100
Total Author$ed Fee $310,000.00 52,055,941.8T ~25,000.00 $2,390,941.87
HiHOME1KEVIN5IGENIWASTEWAI0SOV367TowcReductien\EXHIBIT A-2 doc
AMEND. NO. 2
EXHIBIT "A-2"
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EXHIBIT A-2.1
TASK LIST
OSO WASTEWATER TREATMENT PLANT
TOXICITY REDUCTION EVALUATION
CONSULTIMG SERVICES AND LABORATORY SERVICES
AMENDMENT NO. 2
Exhibit A-1 is amended by the add+tion of the following for Amendment No. 2, Oso Wastewater Treatment
Plant Toxicity Fteduction Evaluation:
ALJDITIONAL SERYICES
Additional services to be performed by the Consultant, which are not included in Basic Engineering Services,
are described as folfows:
The Consultant will:
assist the City with a Toxicity Reduction Evaluation (TRE) for the Oso Wastewater Treatment Plant (WWTP).
The original csontract describes services to be provided by CONSULTANT related to City of Corpus Christi
P~oject No. 7303, a~pproved by the City on October 26, 2004 and as subsequently amended. The TRE
services will b~e provided under new provisions to be included in Exhibit A of the contract. Specifically, Section
1- Scope of Ser~icaes; Subsection B- Additional Services (Allowance) of the contract will be amended to add
the following r~ew iterns: Item 9:
• TRE Consul~ng Services; and
• Item 10: TRE Laboratory Services
PROJECT BA~CKG~UUND AND APPROACH:
The Consult~t will conduct a TRE in accordance with the requirements of the Texas Pollutant Discharge
Elimination S~stem (TPDES) permit for Oso 1NWTP. The City and Consultant mutually acknowledge that it is
not possible tt~ predict either the cost or the schedule for conducting a TRE or amount of testing required
accurately. Ttie Consultant will observe those prescribed protocols associated with a TRE. The time and
effort required to complete the relevant protocols are dependent on the consistency and strength of the
substance(s) causing lethal effects, the type and number of constituents causing lethal effects, and the source
of the substar~ce(s) causing lethal effects.
It is mutually acknowtedged:
• the o~come of one phase may affect the way subsequent phases are carried out or even whether a
subsequent ~ase is needed. In addition, successful completion of the TRE will require coordination
and, {~rhaps to some extent, negotiation with the Texas Commission on Environmental Quality (TCEQ)
the ou#come of such discussions and negotiations will influence the scope of the TRE.
Exhibit A-1 is amended by the addition Exhibit A-2.1, Item 9 and Item 10 to read:
Item 9- Toxkity i3tlsduction Eval~tation Consulting Services
The Consultat~t will:
AMEND. NO. 1
EXHIBIT "A-2.1"
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assist with cieveloping the Action Plan, coordinating TRE sampling and testing activities between the
City and a gualified aquatic toxicology laboratory, interpreting test results, and preparing necessary
reports.
coordinate, as necessary, with the TCEQ regarding progress on the TRE.
Item 9 will consist of the following phases and tasks and will be completed unless there is a cessation of
toxicity:
Phase I: Init~tion of Toxicity Reduction Evaluation
Phase I services ir~ude initial discussions with the TCEQ regarding the TRE, preparation of a GO, and
preparation of an Action Plan. The following tasks are planned:
Task I-A: Re~ew ~a and Perform Evaluation of the Oso Wastewater Treatment Plant
The City will provic~ documentation to Consultant regarding WW'TP facilities and operations for the period
leading up to and during the June and August biomonitoring events. Consultant will provide the City with a list
of requested ir~#ormai~n. The information requested will include, but may not be limited to, the following:
~ Effluer~ flow and quality data;
• Recorded op~ator observations of the plant operation;
• Available influent quality data;
• Flow schema#ic, and
• Site pl~n.
Additional infarmation (e.g., historical VWVTP data, industrial user data, meteorological data for the period in
question, etc.) may le#er be requested by Consultant, if needed.
Consultant wi~ revi~ew the data and information received from the City. The information may be utilized in
preparation of #he wtxkplan; later, in an analysis of the test results; or during preparation of required reports.
Consultant wiH also visit the 1NWTP. The objective of the visit is to gain a better understanding of the plant
features and operations.
T~k 1-B: Mtret wi~ the Texas Commission on Environmental Quality
Cvnsultant wi~ coordinate a meeting with appropriate staff at TCEQ to address the project schedule, the
workplan, and other iogistical and technical issues. This meeting is expected to occur in offices of the TCEQ in
Austin.
Task 1-C: Pr~pare a General Out~ne and a Toxicity Reduction Evaluation Action Plan and Schedule
The TPDES permit ~tipulates that a General Outline (GO) for initiating the TRE will be submitted to the TCEQ
within 45 days of the end of the test that confirmed toxicity. In addition, the TPDES permit requires that a TRE
Action Plan ar~l Sch~dule (Action P1an) be submitted to the TCEQ within 90 days of the above-described date.
The GO includes a description of project personnel, a discussion of available relevant data, a sampling
schedule, and the proposed TRE initiation date. Consultant will prepare a draft of the GO and submit it to the
City for review. Consultant will ftnalize the GO after comments are received. The finalized GO will be
submitted to the TCEQ in a timely manner
Consultant wiN prepa~e an Action Plan, in accordance with provisions in the TPDES permit. As required, the
Action Plan v~l de~ibe the approach and methodology to be used in performing the TRE. A draft of the
Action Plan will be submitted to the City for review and comment. The Action Plan will be finalized and
submitted to the TCEQ after the City comments are received. consultant will revise the Action Plan if
comments are received from the TCEQ.
AMEND. NO. 1
EXHIBIT "A-2.1"
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H:IHOME\KEVINS~GEN\WASTEWA10S017367ToxicRedudion\EXHIBIT A-2.1.doc
Pt~ase II: Tox~itv (~aracterizatioNldentification
Consultant will direct the toxicity characterization/identification phase of the project. Laboratory testing
associated with this phase are described under Item 10 - Toxicity Reduction Evaluation Laboratory Services.
Characterization testing will be perFormed on samples exhibiting lethal effects in biomonito~ing tests.
Characterizatie~n can and will only be performed on effluent samples that exhibit lethal effects. The objective of
characterization testing is to identify the group to which the toxicant belongs (non-polar organic, metal,
surfactant, etc.). Then, usually, the appropriate analytical tests can be run to identify the specific element or
compound that is believed to have produced the lethal effects. EPA has published protocols for
characterizatian and identification testing:
• Toxicittt Ic~tification Evaluation: Characterization of Chronicallv Toxic Effluents
Phase 1 (EPEV600/6-91/005F);
• Methods for ~uatic Toxicitv Identification Evaluations. Phase II Toxicitv Identification Procedures for
Samp{~s Exl~bitinQ Acute and Chronic Toxicitv (EPA/600/R-92/080)
The characterization and identification testing in this phase will be performed in accordance with EPA guidance
protocols and the Adion Plan.
Phase I11: To~ticity Confirmation
If the charactetizatian/identification steps performed in Phase II succeed in tentatively identifying one or more
toxicants in th+~ efflu~nt, confirmation testing will be conducted. Consultant will direct the toxicity confirmation
phase of the project. Laboratory testing associated with this phase are described under Item 10 - Toxicity
Reduction Eva~uation Laboratory Services.
Toxicity confirmation is essential to the study because the manipulations during the
characterization/ider~#i#ication phase can induce toxicity, which can lead to an identification of the wrong toxic
agent. In confi~mmatian testing, a test method is used to confirm the toxic agent that is different than the method
used to identify the toxic agent initially. The types of confirmation testing that are performed are dependent on
the toxicants identified. EPA has provided guidance for confirmation testing in the following manual:
Sam~les F,tthibitinq Acut+~ and Chronic Toxicitv (EPA/600/R-92/081) Procedures for toxicity
confirmation will be performed in accordance with the approved Action Plan and EPA guidance.
It is mutually arcknowledged that the extent of services needed for Phases IV, V, and VI is dependent on the
level of toxicity found, the types of toxicants present, and the sources of toxicants.
Phase IV: Sot~rce Investigation
After toxicants are ter~tatively characterized, it is frequently helpful to conduct a source evaluation. Sometimes
the source et~luatic~ti is helpful in identifying a specific toxicant. This evaluation may involve a review of
pretreatment program data, or analyses may be performed on samples from the wastewater collection system
or industrial ct~tomers. The level of effort for this phase is dependent on the previous results.
AMEND. NO. 1
EXHIBIT "A-2.1"
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Phase V: Toxicity Controi Evalua#ion
When the toxicant(s) and its source(s) are identified, it is usually necessary to develop a program to control the
toxicant(s). In some cases, toxicity control may be accomplished through the implementation of new
pretreatment require~nents or through WVVfP modifications. In other cases, a Best Management Practice or
regulatory rel~f is most appropriate. The scope required for this phase of the project is dependent on the
results of prevrous phases.
Phase VI: Ta~cics Control Implementation Plan
Once toxicity control measures are identified, a Toxics Control Implementation Plan (TCIP) will be prepared.
The TCIP will be prepared by Consultant, in consultation with the City, based on the ~ndings and decisions of
the TRE.
Reports and ~eetings
During the per#ormartce of the TRE, it is required that quarterly reports be submitted to TCEQ and EPA. These
reports are d~ on April 20, July 20, October 20, and January 20 of each year. These reports will summarize
the results of t~e TRE studies and analyses during the previous quarter, as well as any proposed changes to
the Action Plan tha~ are necessary based on TRE findings. CONSULTANT will prepare a draft of each
quarterly repa~t and submit it to the City for review. After receiving comments on the report from the City,
CONSULTANT will prepare a final quarterly report and submit it to TCEQ and EPA.
A Final Report on TRE activities must be submitted to TCEQ and EPA no late~ than 28 months from the last
test day of th~ retest that confirmed significant lethal effects, unless the TCEQ Executive Director grants an
extension. Th~ report will identify the specific control mechanism(s) that will, when implemented, result in
reduction of e~luent toxicity to no s~nificant lethality at the critical dilution. It will also provide a schedule for
implementing the corttrol mechanism. CONSULTANT will prepare a draft Final Report and submit it to the City
for review. After receiving comments from the City, CONSULTANT will make appropriate ~evisions to the Final
Report and submit it to TCEQ and EPA.
During the course o# the TRE, it is anticipated that periodic meetings with the City and with TCEQ will be
appropriate. These meetings may be held to discuss the progress and findings of the TRE, to develop a control
strategy, or to review program documents CONSULTANT will participate in, and assist with, these meetings
as appropriate.
Additional S~rvices (Allowance); Item 10 - Toxicity Reduction Evaluation Laboratory Services
Tl~se Additior~al Services will be incorporated into the amendment to the existing contract as a new Item 10
under Additior~l Services (Allowance) in the contract.
An aquatic taxicology laboratory will be selected by CONSULTANT (with concurrence of the City) for
conducting required toxicity tests pursuant to the TRE. As required, CONSULTANT may also select (with City
concurrence) 2~n ind~pendent analytical testing laboratory to conduct water quality testing pu~suant to the TRE.
The selected laboratories will perform laboratory services under direction of CONSULTANT. Laboratory
services include, but are not limited to, the following:
• Toxicity testing pursuant to the TRE;
• Analyti+cal te~~ng pursuant to the TRE;
• Labora~ory testing personnel time discussing toxicity testing or analytical testing results with
CONSULTANT or the City; and
• Other rclated laboratory charges associated with the TRE.
AMEND. NO. 1
EXHIBIT "A-2.1"
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H:IHOMEIKEVINSIGENIWASTEWA10S0\7367ToxicReductfonlEXHIBIT A-2.1 doc
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City of
CO~'pllS CITY OF CORPUS CHRISTI
- CYlI1St1 DISCLOSURE OF INTERESTS
~.r~.~r
City of Corpus Christi Ordinance 1?112, as amended, requires all persons or firms seeking to do business with the City
to provide the following information. Every question must be answered. If the question is not applicable, answer with
"N/A".
FIRM NAMf: ~:~1E+ +'~ !''~~~-' H1 wt t r- ,'`~SS U~ r q~;p S ~-1--- h~
STREET: (t.3CD ~a Ca. ~ti.,~.s.~ f~~1L?G' CITY: . ti 1~ y,T~ ZIp: ~~J~T"L
FIRM is: 1. Corporatior~ 2. Partnershipi_ 3. Sole Owner 4. Association
.
5. t~ther `
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% o~ more of the ownership in the above named firm.
Nam~ ~ Job Title and City Department (if known)
_ i / . -_ --- -
2. State 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
- `~ ~ -- - -
3. State the names of each board member of the City of Corpus Christi having an ownership interest
cons~ituting 3% or more of the ownership in the above named firm.
Name Board, Commission or Committee
-~} --- -. _ _ -_- -
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
1~~er, ~r ~., C~s- ~' c s 5 <~-/~ H~/vey ~,,- ~ ~ ~s s o c ra 7~~ c,~~ L
_ --,,~-_ _- -
CERTIFICATE
? 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
~~ity of ~~orpus Christi, Texas as changes occur. ,
Certifying Person: /'•t c ty ~4 S~_ Title: ~r~ ti c~lJ •c /
ype o ~nt)
l
Signature of Gertifying Person:~" a.,~Z_ Date: J' -.3v-v~
~ -~: