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HomeMy WebLinkAboutC2011-182 - 5/31/2011 - ApprovedCITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES 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 Associates, Inc. a Texas corporation, 6300 La Calma, Suite 400, Austin, Travis County, Texas 78752 -3825, (Arch itectlEngineer — A/E), hereby agree as follows: SCOPE OF PROJECT (Wastewater Treatment Plants Permit & Regulatory Assistance — Industrial Pretreatment Program Technically Based Local Limits Assessment — Project No. Ell 1056) The City requires the provision of regulatory support activities associated with the wastewater collection and treatment system for the City of Corpus Christi (CITY) which will supersede an Agreement between the CITY and Alan Plummer Associates, Inc., (CONSULTANT) executed on November 11, 2010 (CITY Project Number E10178). The CONSULTANT will assist the CITY with modifications of the City's industrial pretreatment program (Program) that are required in the renewed Texas Pollutant Discharge Elimination System (TPDES) permit for the Oso Wastewater Treatment Facility (WWTF); TPDES Permit Number WQ0010401 -004. In addition, this amendment extends the Agreement to enable continued support for various regulatory and permitting issues for any of the City's six WWTFs. The renewed TPDES permit for the Oso WWTF is expected to be issued before July 31, 2011, which is the current expiration date for the Agreement. At the time of issuance, stringent regulatory schedules associated with the Program assessments and modifications are specified with which the CITY mu comply. 2. SCOPE OF SERVICES The A/E hereby agrees, at its own expense, to provide regulatory support and assist the CITY with modifications of the City's industrial pretreatment program (Program) that are required in the renewed Texas Pollutant Discharge Elimination System (TPDES) permit for the Oso Wastewater Treatment Facility (WWTF); TPDES Permit Number WQ0010401- 004. In addition, this amendment extends the Agreement to enable continued support for various regulatory and permitting issues for any of the City's six WWTFs. In addition, A/E will provide monthly status updates (project progress or delays, gantt charts presented with monthly invoices) and provide contract administration services, as described in Exhibit "A ", to complete the Project. Work will not begin on Activities III and IV until authorized in writing as an amendment to this contract and a notice to proceed is issued to the A/E by the Director of Engineering Services. A/E services "Services for Construction Projects " - (Basic Services for Construction Projects ") which are shown and are in accordance with "Professional Engineering Services - A Guide to the Selection and Negotiation Process, 1993" a joint publication of the 2011 -182 M2011 -127 05/31/11 Alan Plummer & Assoc. Contract for Engineering (A/E) Services Page 1 of 3 INDEXED Consulting Engineer's Council of Texas and Texas Society of Professional Engineers. For purposes of this contract, no services constitute Basic Services and the services provided are Additional Services. 3. ORDER OF SERVICES The A/E agrees to begin work on those services authorized for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services The anticipated schedule of the preliminary phase, design phase, bid phase, and construction phase is shown on Exhibit "A ". This schedule is not to be inclusive of all additional time that may be required for review by the City staff and may be amended by or with the concurrence of the Director of Engineering Services. The Director of Engineering Services may direct the A/E to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. A/E shall notify the City of Corpus Christi within three (3) days of notice if tasks requested requires an additional fee. 4. INDEMNITY AND INSURANCE AIE agrees to the mandatory contract indemnification and insurance requirements as set forth in Exhibit "C ". •09019 The City will pay the A/E a fee, as described in Exhibit "A ", for providing services authorized, a total fee not to exceed $74,200.00 (Seventy Four Thousand Two Hundred and nolxx dollars). Monthly invoices will be submitted in accordance with Exhibit "D ". 6. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the A/E at the address of record. In this event, the A/E will be compensated for its services on all stages authorized based upon A/E and City's estimate of the proportion of the total services actually completed at the time of termination. 7. ASSIGNABILITY The A/E will not assign, transfer or delegate any of its obligations or duties in this contract to any other person without the prior written consent of the City, except for routine duties delegated to personnel of the A/E staff. If the A/E is a partnership, then in the event of the termination of the partnership, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the A/E fee may be assigned in advance of receipt by the A/E without written consent of the City. Contract for Engineering (A/E) Services Page 2 of 3 The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 8. OWNERSHIP OF DOCUMENTS All documents including contract documents (plans and specifications), record drawings, contractor's field data, and submittal data will be the sole property of the City, may not be used again by the AIE without the express written consent of the Director of Engineering Services. However, the AIE may use standard details that are not specific to this project. The City agrees that any modification of the plans will be evidenced on the plans, and be signed and sealed by a professional engineer prior to re -use of modified plans. 9. DISCLOSURE OF INTEREST AIE further agrees, in compliance with City of Corpus Christi Ordinance No. 17112, to complete, as part of this contract, the Disclosure of Interests form attached hereto as Exhibit "E ". CITY OF RPU CH ISTI By �® Johnny , erales, P,E. D to Assistant City Manager RECOMMENDED BY & � � 7 Pete Anaya, P. E., Da e Director of Engineering Services ATTEST By Armando Chapa, City cretary Alan Plummer and Associates, INC. By JA ­-) 6 - 7 0 1 Authorized Representative Date 6300 La Calma, Suite 400 Austin, TX 78752 -3825 (512) 452 -5905 Office (512) 452 -2325 Fax AA 2 01 1 - 1 AUTHORUM ]Y COUNC31. uL: ZL� . sic RAR M APPROVED AS TO FORM B y - ri City Attorney Date Contract for Engineering (AIE) Services Page 3 of 3 EXHIBIT A CITY OF CORPUS CHRISTI PROJECT NO. E11056 SCOPE OF SERVICES INDUSTRIAL PRETREATMENT PROGRAM TECHNICALLY BASED LOCAL LIMITS ASSESSMENT AND CONTINUED GENERAL PERMITTING /REGULATORY SUPPORT Services outlined below provide regulatory support activities associated with the wastewater collection and treatment system for the City of Corpus Christi (CITY) which supersedes an Agreement between the CITY and Alan Plummer Associates, Inc., (CONSULTANT) executed on November 11, 2010 (CITY Project Number E10178). The CONSULTANT will assist the CITY with modifications of the City's industrial pretreatment program (Program) that are required in the renewed Texas Pollutant Discharge Elimination System (TPDES) permit for the Oso Wastewater Treatment Facility (WWTF); TPDES Permit Number WQ0010401 -004_ In addition, this amendment extends the Agreement to enable continued support for various regulatory and permitting issues for any of the City's six WWTFs. The renewed TPDES permit for the Oso WWTF is expected to be issued before July 31, 2011, which is the current expiration date for the Agreement. At the time of issuance, stringent regulatory schedules associated with the Program assessments and modifications are specified with which the CITY must comply. The Oso WWTF TPDES permit requires the City to conduct the following relative to the Program: • The CITY must submit either a written certification that a technical reassessment has been performed and that the evaluation demonstrates that the existing technically based local limits (TBLLs) achieve the objectives of the pretreatment program, or a written notification that a technical redevelopment of the current TBLLs will be conducted. The required documentation is due to the Texas Commission on Environmental Quality (TCEQ) no later than 60 clays after issuance of the Oso WWTF TPDES permit • The CITY must modify the Program to comply with the amendments to Title 40 Code of Federal Regulations Part 403 (40 CFR Part 403) regulations (Streamlining Provisions) that were adopted October 14, 2005. Proposed modifications associated with the Streamlining Provisions are required to be submitted to the Texas Commission on Environmental Quality (TCEQ) within 12 months of the issuance of the renewed Oso WWTF TPDES permit • If it is determined that TBLLs must be technically redeveloped, the CITY must immediately undertake the process of redevelopment. Modifications to the pretreatment program associated with the redeveloped TBLLs, if appropriate, are required to be submitted to TCEQ within 12 months of the issue date of the renewed Oso WWTF TPDES Permit In addition, the CITY has indicated a desire to consider other modifications to the Program. This may include, but is not limited to, assisting with development of program changes to manage "centralized waste treatment" operations. The objective of such modifications would be to ensure that provisions of the Program are clear and that they apply appropriately to the City's industries. The following proposed Scope of Services is divided into four activities. The first activity addresses the required reassessment of the existing Program to either certify that the current TBLLs are adequate or to notify the TCEQ that TBLLs will be redeveloped. As previously indicated, this activity has a very short regulatory schedule associated with it (60 days). The second activity will include modifications to the Program required by the TPDES permit to address Streamlining Provisions. In addition, other changes to the Program that may be identified by the CITY will be addressed in the second activity. The regulatory schedule for the second activity is 12 months from the date of the issuance of the Oso WWTF TPDES permit. The third activity addressed in this amendment includes the redevelopment of TBLLs, should it be required based on the results of work performed in the first activity. The findings of the Program reassessment performed in the first activity will dictate the scope requirements for the redevelopment of TBLLs. In addition, some tasks associated with redevelopment of TBLLs may be performed by CITY staff. Therefore, while a discussion of the scope of services for the third activity is found within this amendment, a more complete scope for redevelopment of TBLLs that defines the roles of both CITY and CONSULTANT will be established at the conclusion of Activity 11. The fourth activity includes an extension of the current general regulatory support provided to the CITY by the CONSULTANT under terms of the Agreement. The scope for the fourth activity is similar to the regulatory support scope in the current Agreement. For each of the first two activities, a specific fee has been determined. The fees for these activities are detailed under PROJECT FEES AND BUDGETS. For Activity III, a fee cannot be precisely determined until Activity I is complete. However, an expected budget range is provided in PROJECT FEES AND BUDGETS. For Activity IV, a specific fee cannot be established because the amount of regulatory support necessary over the next two years is determined by the ongoing needs of the CITY. A proposed budget for Activity IV is provided in PROJECT FEES AND BUDGETS. For purposes of this amendment of the Agreement, the fees proposed for Activities I and II are approved as part of the current amendment. However, the budgets for Activities III and IV will be finalized at a later date. The CONSULTANT will not perform tasks associated with Activities III and IV without specific authorization of the CITY. SCOPE OF SERVICES The Scope of Services for this project may consist of four activities; specific tasks are associated with each. The CONSULTANT will perform the activities described herein, unless another entity is designated as the performing party. Activity I Assess Existing Technically Based Local Limits Activity II Modify Program to Comply with Streamlining Provisions Activity III Redevelop Technically Based Local Limits (if required) Activity IV Permit and Regulatory Assistance — 2011 through 2013 Activity I. Assess Existing Technically Based Local Limits The following tasks are proposed for Activity I: Task 1 -1: Assess Existing Technically Based Local Limits Program Task 1 -2: Prepare for and Participate in a Council Briefing Exhibit A Page 2 of 12 Each task is described following. Task 1 -1. Assess Existing Technically Based Local Limits Program This task involves assessing the existing TBLLs. The objective of the assessment is to determine if the TBLLs attain the Texas Surface Water Quality Standards j30 Texas Administrative Codes Chapter 3071 in water in the state, are adequate to prevent pass through of pollutants, inhibition of or interference with the treatment facility, worker health and safety problems, and sludge contamination. The information to complete the TCEQ Reassessment of Technically Based Local Limits (TCEQ Form No. 20221) will be gathered. A comparison of the information utilized in the previous development of the TBLLs to current conditions will be conducted. If the assessment determines that changes in the conditions utilized in the previous development are not significantly different than the current conditions, a written certification of the TBLLs will be prepared by the CONSULTANT for submittal to TCEQ. The certification will provide justification that demonstrates the existing TBLLs achieve the objectives of the pretreatment regulations specified in 40 CFR Part 403.2. If the assessment determines there are significant changes in the conditions, CONSULTANT will notify the CITY of the assessment results. The CITY may request CONSULTANT to provide the services described in Activity III in accordance with a future amendment of the Agreement. Task 1 -2. Prepare for and Participate in a Council Briefing At the conclusion of Task 1 -1, the CITY may request the CONSULTANT to prepare for and participate in a Council briefing. The primary purpose of the briefing will be to inform the Council of the findings of the assessment of existing TBLLs. If redevelopment of TBLLs is determined to be necessary, the briefing will also address the process of redevelopment of TBLLs. Activity II. Modify Program to Comply with Streamlining Provisions and Provide Technical Support for Other Program Modifications In this activity, the CITY's Program will be modified to comply with Streamlining Provisions as mandated by 40 CFR Part 403 regulations. Some modifications required by the Streamlining Provisions are more stringent than the existing provisions in the CITY's Program, therefore, are required modifications. In addition, the CITY may wish to adopt some of the optional elements available in the Streamlining Provisions. The tasks associated with this activity are as follows: Task 11 -1 Review Existing Program and Industrial User Information Task 11 -2 Identify and Assess Optional Elements of the Streamlining Provisions Task 11 -3 Provide Technical and Regulatory Support for Additional Program Modifications Task I1 -4 Incorporate Required Provisions and Provisions Associated with Optional Elements Task 11 -5 Prepare Final Proposed Program Modifications Task 11 -6 Prepare for and Participate in Council Presentation These tasks are described below. Task II -1. Review Existing Program and Industrial User Information The first task for this activity will be a review of the existing Program and the industrial customer information. The CITY will provide the CONSULTANT a copy of the complete approved Pretreatment Program. Program documents that will be reviewed include, but are not limited to, the following: Exhibit A Page 3 of 12 • Ordinance • Standard Operating Procedures • Enforcement Response Plan • Program Implementation Forms and Templates If available, these documents will be provided to the CONSULTANT in an electronic format that can be edited. In addition, the list of industrial users, user classifications, and compliance history will also be provided to the CONSULTANT. Task II -2. Identify and Assess Optional Elements of the Streamlining Provisions to be Included in Pretreatment Program CONSULTANT will assist the CITY in determining which optional elements of the Streamlining Provisions are appropriate to include in the CITY's Program. The CONSULTANT will use the information gained in Task II -1 to identify those optional elements of the Streamlining Provisions that may be suitable or beneficial to the CITY's program. The CONSULTANT will prepare a technical memorandum summarizing these options. A meeting with the CITY in Corpus Christi to discuss the options available pursuant to the Streamlining Provision may be requested by the CITY. The CONSULTANT will present the available optional elements and the implications of incorporating the optional elements in the Program. The CITY will decide which optional elements are appropriate. The CITY's resources available to implement optional elements and any special needs of the industrial users may determine which elements are appropriate for the CITY. Task II -3. Provide Technical and Regulatory Support for Additional Program Modifications CONSULTANT will provide technical and regulatory support to the CITY to incorporate other limited changes to the Program, as desired by the CITY. The specific changes anticipated have not been identified but may include development of additional language to address such issues as combined waste treatment operators that utilize the CITY's WWTFs. This task will be performed as directed by the CITY. The amount of work by CONSULTANT on this task will not exceed the budget for the task, unless directed otherwise by the CITY. Services beyond the budget for this task may entitle the CONSULTANT to additional fees. Task II-4: Incorporate Required Provisions and Provisions Associated with Appropriate Optional Elements In consultation with the CITY, CONSULTANT will recommend modifications to the Program documents. The modifications will include revisions to the ordinance, standard operating procedures, enforcement response plan, and forms that are required to implement and enforce the required and optional elements identified in Tasks II -2 and II -3, above. The checklist prepared by TCEQ for the submittal of Streamlining Provisions modifications will be completed. Two copies of each draft document will be submitted to the CITY for review. In addition, the CONSULTANT will provide to the CITY, an electronic file that can be edited of each draft document. Task I1-5. Prepare Final Proposed Program Modifications CONSULTANT will make appropriate revisions to the Program documents prepared in Task 11-4 based on the comments provided by the CITY. Final draft documents setting forth the proposed program modifications will be prepared. Five copies of the documents and an electronic copy will be provided to the CITY. Three copies are for submittal to TCEQ for review. Two copies are for CITY records. Exhibit A Page 4 of 12 Task II -6. Assist with Finalizing Program Modifications The TCEQ will provide comments on the proposed Program modifications. Final Program documents, including revisions to the ordinance, standard operating procedures, enforcement response plan, and forms that are required to implement and enforce the required and optional elements will be prepared, as appropriate, to address TCEQ review comments. Task I1-7. Prepare for and Participate in Council Presentations Two presentations to the City Council are anticipated. The CONSULTANT will prepare for and participate in one Council briefing at the time that the proposed Program modifications are ready to submit to the TCEQ. The primary purpose of this briefing will be to inform the Council of the findings of the work performed in Activity II and the proposed modifications. A second Council briefing will be scheduled after the TCEQ has provided comments on the proposed streamlining changes and the CITY is prepared to adopt the final changes. Activity III. Redevelop Technically Based Local Limits if required This activity will be conducted only if Activity I indicates the need to redevelop TBLLs and is authorized to do so by the CITY. In this activity the CONSULTANT will assist the CITY to redevelop the TBLLs. The tasks in this activity are as follows: Task 111 -1 Develop Work Plan Task 111 -2 Plan and Coordinate Sampling, and Compile Data Task 111 -3 Develop Technically Based Local Limits Task 111 -4 Prepare Technically Based Local Limits Calculation Report Task III -5 Propose Revisions to Ordinance and Other Pretreatment Documents Task III -6 Assist with Finalizing Pretreatment Program Modifications Task 111 -7 Provide Communication These tasks are described below. Task III -1. Develop Work Plan A work plan will be developed based on discussions with the CITY, TCEQ requirements, and the needs of the project. The EPA document Local Limits Development Guidance July 2004 (EPA 833- R- 04 -002A) EPA Guidance will be followed when developing the work plan. The objective of this task is to document the additional tasks and subtasks comprising this project so that all participants understand the project objectives, approach, schedule, and their respective responsibilities. Communication techniques will also be addressed. The work plan will describe how the total project will be implemented, personnel responsibilities, coordination techniques, and the project schedule. This work plan will serve as a reference document to all participants throughout the project. Task 111 -2. Plan and Coordinate Sampling, and Compile Data The objectives of this task are to identify pollutants of concern (POC) at the CITY's WWTFs and to determine the fate of these pollutants as they pass through the treatment plant. Both effluent and sludge samples will be collected and analyzed. All sampling and analytical techniques will conform to 40 CFR Part 136 and applicable Resource Conservation and Recovery Act (RCRA) methods. The scope does not include sampling or analysis of samples collected by the CONSULANT. Exhibit A Page 5of12 Subtask 111 -2.1 — Develop and Coordinate Initial Pollutant Scan The first step in the development of TBLLs is the identification of POC. To determine POC, an initial sampling and analysis of the influent at the WWTFs will be performed. Parameters to be analyzed include priority pollutants, pollutants identified in the Texas Surface Water Quality Standards, and any other pollutant the CITY and/or state may designate to be of concern. The CONSULTANT will prepare a list of pollutants to be analyzed in the initial pollutant scan for the CITY's approval and use. A document will be developed that describes the initial pollutant scan sampling program. The document will define the sampling locations and participants responsible for conducting the initial sampling. The sampling program will also identify the methods to be used for sampling and analyses. The data quality objectives and procedures to be used for data assessment will be identified. The proposed sampling program will be submitted to the CITY for review and comment prior to implementation. Where appropriate, the sampling program description will be revised based on comments received from the CITY. This task will also include a recommendation for the laboratory that will conduct the analyses. The CONSULTANT will assist the CITY to identify a laboratory that can achieve the quality objectives defined in the sampling program. The CITY will be responsible for approving the laboratory as a participant of the project. The CITY will pay all laboratory costs. The initial pollutant scan sampling program will be performed by the CITY. Influent samples from the WWTFs will be collected. Analyses will be performed for the parameters identified in the sampling program. The CONSULTANT will provide support and assist in coordination with the laboratory. Subtask III -2.2 — Identifv Pollutants of Concern The data developed pursuant to the initial pollutant scan of the WWTFs influent will be used to identify the POC. The EPA defines a POC as "any pollutant that might reasonably be expected to be discharged to the Publicly Owned Treatment Works (POTW) in sufficient amounts to cause pass through or interference, cause problems in its collection system, or jeopardize its workers." In addition, pollutants measured in concentrations above the minimum analytical limit are required to be evaluated with regard to the need for inclusion in the TBLLs. Arsenic, cadmium, chromium, copper, cyanide, lead, mercury, nickel, selenium, silver, and zinc will be considered POCs, whether or not they are detected in the initial scan. Molybdenum may also have to be evaluated. CONSULTANT will review the pollutant scan results to identify addition pollutants that may need to be designated as a POC. Subtask III -2.3 — Develop Intensive Wastewater Treatment Facilities and Non - industrial Wastewater Sampling Program - A program will be developed for collecting samples at the required WWTFs and at points in the collection system that serve only non - industrial customers. The objective of the WWTFs sampling program is to obtain site- specific treatment removal efficiencies for POC. The objective of the sampling program for non- industrial service areas is to determine non - industrial loads of POC. The WWTFs sampling program will identify specific sampling points, timing, and methods for the collection of seven, 24-hour composite, consecutive -day samples of the influent and effluent at the WWTFs. The program will also include sludge sampling. Exhibit A Page 6 of 12 The sampling program for non - industrial contributions will identify sampling points in the collection system and methods for collection of 24 -hour composite samples at sites that receive only domestic and commercial wastewater. The sampling locations will be identified in consultation with the CITY. The sampling program will identify analytical methods, data quality objectives, and procedures for data quality assessment. The sampling program will be submitted to the CITY for review and comments. As appropriate, the sampling program description will be revised based on comments received from the CITY. Subtask III -2.4 — Submit Draft intensive Wastewater Reclamation Center and Non - industrial _Wastewater Sampling Program to TCEQ TCEQ requires that the CITY submit the sampling program developed in Subtask III -2.3 to TCEQ for review, prior to implementation. Therefore, after the CITY has approved the revised draft sampling program, the CONSULTANT will prepare and submit to the CITY two copies of a final draft: one copy is for submittal to TCEQ, and one copy is for the CITY. CONSULTANT will assist the CITY in providing additional information to TCEQ during their review of the documents, if required. CONSULTANT will make the appropriate revisions to the sampling program based on TCEQ comments. An electronic copy of the final plan (in pdf format) will also be provided to the CITY. Subtask III -2.5 — Coordinate Intensive Wastewater Treatment Facilities and Non - industrial Wastewater Sampling Program and Review Data In this subtask the CONSULTANT will coordinate the intensive sampling program for the WWTFs and non - industrial wastewater sources. In addition the CONSULTANT will review the data collected. The final sampling program developed in the Subtask III -2.4 will be implemented by the CITY. Close coordination will be maintained between CONSULTANT, the laboratory, and the operating staff at the WWTFs immediately prior to, and during, the sampling period. The data collected by the CITY will be reviewed by the CONSULTANT for completeness and conformance to the quality objectives set forth in the sampling program. Any additional data needs will be identified and presented to the CITY. If additional sampling is required, the CONSULTANT will provide support of that activity. Task 111 -3. Develop Technically Based Local Limits Information developed in Task III -2 will be aggregated and evaluated to develop TBLLs_ TBLLs will be based on non- industrial and industrial loads and the allowable headworks limits. Individual allowable headworks limits will be developed for each POC for each of the following constraints: maintaining receiving water quality, potential for process interference, treatment efficiencies, and sludge handling programs. The most restrictive of these headworks limits for each POC will be used to calculate TBLLs. Subtask 111 -3.1. -- Determine Non- industrial and Industrial Flows and Loads The load of each POC that can be allocated to industrial sources is the difference between the total allowable load to the WWTFs and the non - industrial load contributions of that pollutant. The objectives of this subtask are to determine the non - industrial contributions of the POC and Exhibit A Page 7 of 12 to identify potential industrial sources of the POC and the contributions from these sources. Both non - industrial and industrial loads will be calculated. Subtask 111 -3.2 — Determine Removal Efficiencies Pollutant removal efficiencies across the treatment processes will be calculated based on the data compiled in Task III -2. These removal efficiencies, or removal efficiencies identified using an alternative approach defined in the EPA Guidance (EPA 833- R- 04- 002A), will be used in the TBLLs development. Subtask 111 -3.3 — Develop Headworks Limits Based on Water Quality Standards Allowable influent concentrations that will result in discharges from WWT1=s that do not violate standards will be calculated. Inputs to this task include the applicable effluent limits based on water quality stream standards and determined by the TCEQ TEXTOX calculation program, the effluent flow, and the removal efficiencies across the treatment processes. Subtask 111 -3.4 — Develop Headworks Limits Based on Potential Interference in Plant Processes The processes of concern in this task are the biological treatment processes. In this task, influent concentrations that will not disrupt the biological wastewater treatment processes will be identified. Inputs to this task include the literature values regarding concentrations of pollutants that inhibit the biological treatment processes. Subtask 111 -3.5 — Develop Headworks Limits Based on Sludge Quality Requirements Allowable influent concentrations, based on the requirement that POC do not accumulate in the sludge to the extent that the quality restrictions for sludge disposal are exceeded, will be calculated in this subtask. Inputs to this subtask include the applicable quality requirements for sludge disposal, concentrations of pollutants in the sludges, quantity of sludge disposed of, and the removal efficiencies across the plant. Subtask 111 -3.6 — Calculate Technically Based Local Limits TBLLs for the required WWTFs will be calculated in this subtask. The results of the development of headworks limits based on the various criteria discussed in the preceding subtasks will be used, in addition to the non - industrial and industrial loads and flows determined in Subtask III -3.1. EPA Guidance provides several alternate methods for calculating TBLLs. if the CITY determines that the TBLLs calculated initially are too stringent or otherwise unacceptable, CONSULTANT will employ up to four alternative approaches to calculate TBLLs to determine if less stringent or more acceptable TBLLs can be identified. Task III -4. Prepare Technically Based Local Limits Calculation Report A report will be prepared for submittal to TCEQ documenting the TBLL calculation procedures and the proposed TBLLs. The subtasks in this activity are described below. Subtask III -4.1 — Prepare Draft Report A draft report will be prepared that documents the procedures, data, and calculations used to develop the TBLLs. The report will include the results of all sampling and analyses, rationale for all decisions, and the proposed TBLLs. Two copies of the draft report, plus an electronic copy in a format that can be edited, will be provided to the CITY for review. Exhibit A Page 8 of 12 Subtask I11-4.2 — Prepare Final Draft Report A final draft report will be prepared for submittal to TCEQ. Revisions will be incorporated into the final report based on comments received from the CITY. Six copies of the final draft report will be submitted to the CITY. Four copies are for submittal to the TCEQ; two copies are for CITY records. An electronic copy in pdf format will be provided to the CITY. Task 111 -5. Propose Revisions to Ordinance and Other Pretreatment Program Documents Proposed revisions to the portions of the pretreatment ordinance and other pretreatment program documents that address TBLLs will be prepared for review by the CITY. CONSULTANT will not issue any legal opinion with regard to the ordinance. Adoption of the revised ordinance should not occur until after approval by and in accordance with instructions from TCEQ. Task III -6. Assist with Finalizing Pretreatment Program Modifications Final Pretreatment Program documents, including the TBLL calculation report will be prepared. CONSULTANT will incorporate revisions to the program documents and calculation report, as appropriate, to address TCEQ review comments. TCEQ typically provides two sets of comments. One set of comments identifies recommended changes to the program documents. Another set of comments apply to the TBLL calculation report. CONSULTANT will evaluate the TCEQ comments. CONSULTANT may contact TCEQ, as necessary, to obtain clarification or to discuss the interpretation of the federal regulations to which the TCEQ comments are based. Two copies of the Draft Final Program Documents and TBLL Calculation report with revision based on the TCEQ comments will be provided to CITY for review. An electronic copy (in pdf format) will be provided to the City. Upon agreement by the CITY and Final Pretreatment Program, CONSULTANT will prepare five copies of the Final Pretreatment Program for TCEQ submittal. Task I11-7. Provide Communication This task provides for communication between the CITY, CONSULTANT, TCEQ, the public, and industries, that are necessary during the project. Communications may be in the form of telephone conference calls or meetings. Most meetings will occur in Corpus Christi, but some may be held in Austin, Texas, as well. The following subtasks describe the communication activities anticipated during the project. Subtask III -7.1 — Conduct Project Kick -off Meeting CONSULTANT will prepare for and participate in a project kick -off meeting, to be held in Corpus Christi. The objective of the project kick -off meeting is to coordinate with the CITY on issues related to scope and schedule before the project is fully underway. In conjunction with this meeting, the CONSULTANT will tour the WWTFs to evaluate potential sampling locations, meet key plant staff members with whom coordination will be maintained, discuss the project approach, and confirm the CITY's specific objectives for this project. Subtask 111-7.2 — Conduct Regular Project Updates with CITY Staff CONSULTANT will schedule regular project updates with CITY staff responsible for Program implementation. Unless otherwise necessary, these project updates will occur by telephone Exhibit A Page 9 of 12 between the CONSULTANT's project manager and the CITY's pretreatment coordinator. A total of 11 project updates are anticipated, conducted at approximately monthly intervals during the project. Following each meeting CONSULTANT will prepare a brief electronic mail that presents a summary of the project status and any action items produced as a result of the discussion. Project updates may be held in Corpus Christi if they coincide with other meetings (see below) scheduled to be held there. Subtask III -7.3 — Meet with TCEQ Up to two meetings with the TCEQ are provided for in this scope of service. Meetings in addition to the two provided for in this task may entitle CONSULTANT to additional reimbursement. Subtask III -7.4 — Assist with Meetings with the Public and /or Industries In the development of revised TBLLs, it is recommended that potentially affected industries be kept apprised of changes that could significantly impact them. This will enable industries to determine whether the proposed changes are reasonably achievable or not. If TBLLs are not reasonably achievable, alternate allocation methods can be assessed to determine if they provide less burden on the industries. CONSULTANT will participate in two meeting with industries or the public if requested by the CITY. Subtask III -7.5 — Assist with Council Approval of Proposed Pretreatment Pro CONSULTANT will prepare for and participate in two City Council briefings. The objective of the first briefing will be to inform the council members the purpose of the Pretreatment Program, providing explanations of how and why the program needs to be changed, and describing the potential impacts the changes will have on local industries. The second council briefing will occur near the end of the process of redevelopment of TBLLs. The second briefing will coincide with the Activity II Council briefing (Task II -6). The CONSULTANT will address the results of the redevelopment process and respond to questions from Council members. At the request of the City, a second Council briefing may be scheduled after the TCEQ has provided comments on the proposed plan and the CITY is prepared to adopt the final plan. Activity IV. Permit and Regulatory Assistance for Calendar Years 2011 -2013 There are occasional regulatory issues related to the CITY's wastewater collection or treatment systems wherein the CITY may desire consulting support. Following is a scope of services designed to support the CITY in finalizing these permits and managing other currently unspecified regulatory issues. CONSULTANT will provide scientific and regulatory permitting support as requested by the CITY. The types of services that may be provided include, but are not limited to, the following: Assist with preparation of letters and other written materials to address specific regulatory requirements and issues associated with the CITY's wastewater utility. This may include responses to enforcement actions of the TCEQ or EPA. Assist with Council briefings regarding regulatory issues, including state or federal enforcement actions. Assist with meetings or discussions with TCEQ and /or EPA staff regarding regulatory or permitting issues. Exhibit A Page 10 of 12 • Continued support, as may be necessary, related to the TPDES permits for the CITY's WWTFs. This may include assistance with any permit language clarifications or interpretations or modifications or amendments to existing permits. • Technical support in review of analytical test data or whole effluent toxicity test data related to the CITY's WWTFs. CONSULTANT will provide services under this activity as requested by the CITY. As appropriate, CONSULTANT may prepare technical memoranda, letters, or electronic mail transmissions of information related to the CITY's request. Exhibit A Page 11 of 12 PROJECT FEES AND BUDGETS Following are provided proposed fees for Activities I and 11, as described above. Included are proposed labor, by task, and expenses, for each activity. In addition, an estimated budget range for Activity III is provided and a suggested budget for Activity IV. With approval of this amendment, the CONSULTANT will be authorized to proceed with Activities I and 11, as required. The CONSULTANT will not perform tasks for or expend funds for any task in Activities III or 1V without specific authorization of the CITY to do so. The proposed fee for Activity I is as follows: Task Activity/Task Name Proposed Fee 1 -1 Assess Existing Technically Based Local Limits Program $23,200 1 -2 Prepare for and Participate in Council Briefing $5,600 Total Labor $28,800 Expenses $700 TOTAL $29,500 The proposed fee for Activity II is as follows: Task 11 Activity/Task Name Proposed Fee II -1 Review Existing Program and Industrial User Information $3,300 11 -2 Identify and Assess Optional Elements of the Streamlining Provisions to be Included in Pretreatment Pro ram $6,900 II -3 Provide Technical and Regulatory Support for Additional Program Modifications $5,400 II -4 Incorporate Required Provisions and Provisions Associated with Appropriate O tional Elements $8,400 II -5 Prepare Final Proposed Program Modifications $5,900 I1 -6 Assist with Finalizing Program Modifications $6,100 II -7 Prepare for and Participate in Council Presentations $7,600 Total Labor $43,600 Expenses $1,100 TOTAL. FOR ACTIVITY 11 $44,700 The total fee for the amended Agreement is 74,200, for Activities I and II onl . Billing for these activities will be on a time and material basis, in accordance with provisions of the original Agreement and in accordance with the Schedule of Fees in Exhibit B to this Amendment. It is unknown if Activity III (Redevelopment Technically Based Local Limits) will be required. As indicated in the description of the scope, the purpose of Activity I is to determine whether Activity III will be necessary. If, as a result of Activity I, it is determined that redevelopment of TBLLs is necessary, the CONSULTANT will prepare a more detailed scope for Activity III and finalize an appropriate fee for the CITY's approval prior to the CONSULTANT beginning work on Activity III. If Activity III is required based upon the results of Activity I and 11, the fee for Activity III will be based upon the actual scope of work required. It is mutually acknowledged that if Activity III is required, the required fee could be up to $210,000.00. Authorization to proceed with Activity III will be evidenced in writing as an amendment to this contract. The fee for Activity IV cannot be determined precisely at this time. Work is performed under Activity IV by the CONSULTANT at the direction of the CITY. The CONSULTANT will not proceed with work under Activity IV until authorization is evidenced in writing as an amendment to this contract. Exhibit A Page 12 of 12 EXHIBIT B ALAN PLUMMER ASSOCIATES, INC. HOURLY FEE SCHEDULE 2011 Staff Description Staff Code Range of Billing Rates Admin Staff Al -A3 $ 52.00 - $ 73.00 Senior Admin Staff A4 $ 67.00 - $ 99.00 Designerfrechnician C1 -C2 $ 52.00 - $ 95.00 Senior Designer/Technician C3 -C4 $ 88.00 - $ 125.00 Engineer -in- Training /Scientist -in- Training ESO -ES3 $ 83.00 - $115.00 Project Engineer/Scientist ES4 $ 104.00 - $130.00 Senior Project Engineer/Scientist ES5 $112.00 - $156.00 Project Manager ES6 $130.00 - $182.00 Senior Project Manager ES7 $171.00 - $234.00 Principal ES8 -ES9 $187.00 - $275.00 Billing rates are based on "salary cost" times a multiplier of 2.3. Salary cost is based on direct payroll costs times 1.43. Salary cost includes direct payroll costs, payroll taxes, vacation, holiday, sick leave, employee insurance, and other fringe. Range of billing rates shown may be adjusted by up to 4 percent annually (at the beginning of each calendar year) during the term of this agreement. The multipliers shown will not be adjusted. Exhibit C Mandatory Requirements (Revised November, 2005) INDEMNIFICATION AND HOLD HARMLESS Consultant 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 costs 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. Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. 7293 Invoice No. 123456 Invoice Date: Sample form for: Payment Request Revised 07/27/00 Total Amount Previous Total Percent Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% 2,000 1,000 0 3,000 1,000 500 1,500 50% 500 0 250 750 0 0 0 0% 2,500 0 1,000 3,500 0 0 0 0% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% $2,000 $0 $0 $2,000 $500 $0 $500 25% 0 1,120 0 1,120 0 0 0 0% 0 0 1,627 1,627 0 0 0 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% TBD TBD TBD TBD TBD TBD TBD 0% $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% 2,000 1,120 1,627 4,747 500 0 500 11% $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% Exhibit D Page 1 of 1 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the followin information. Every question must be answered. If the question is not applicable, answer with `NA ". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: , (() C16 l fic— STREET ADDRESS:000 �.s 4 L't) () CITY: A s fi:i ) X ZIP: 7 FIRM IS: 1. Corporation] 2. Partnership e 3. Sole Owner El 4. Association ❑ 5. Other 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 . Job Title and City Department (if known) 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 , nib.._ 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 f�ra�3 r 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 "3�a✓U.r, FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2 -349 (d )] CERTIFICATION 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 City of Corpus Christi, Texas as changes occur. Certifying Person: x �4 1,„ Title:. (Type or Print) AA Signature of Certifying Date: Person: > ' 6 1 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. "Economic benefit ". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part -time basis, but not as an independent contractor. d. "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. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "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 holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the. purpose of professional consultation and recommendation.