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HomeMy WebLinkAboutC2014-435 - 12/1/2014 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 The City of Corpus Christi, Texas hereinafter called "CITY", and RPS herein after called "ENGINEER" agree to the following amendment to the Contract for Professional Services for Oso Bay Dissolved Oxygen Modeling (Prolect No. E10196), as authorized and amended by: Original A/E Agreement July 31, 2012 Motion No. M2012-149 $538,680.00 Exhibit "A" shall be amended to include additional services as set forth in the attached Amendment No. 1 Exhibit"A". Exhibit "A", Fees, shall be amended as specified in Amendment No. 1 Exhibit "A" for a revised fee not to exceed $25,800.00 (Twenty-Five Thousand Eight Hundred Dollars and Zero Cents), for a total restated fee not to exceed $564,480.00 (Five Hundred Sixty-Four Thousand Four Hundred Eighty Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit"B". All other terms and conditions of the July 31, 2012 contract between the City and Engineer which are not specifically addressed herein shall remain in full force and effect. CITY 0 RPUS ' STI RPS �� 1 L l 0(014 �% lz314 Gustavo onzalez, P.: . *. (Date) �rian Reis (Date) Assistant ity Man g� 4801 Southwest Parkway, Parkway 2, Suite150 for P. .lic ks tilit Austin, Texas 78735 P. • (v24/,A (512) 326-5659 Office (512) 326-5723 Fax V. ie H. Gray, . (Date) In im Executive Direc or, P .'ic Works RECOMMENDED // .i_47,4r -2q-/y e••ra i g Reba ent (Date) AP OVED AS TO LEGAL FORM 2 '//f N sistant City Attorney (Date) for City Attorney APPRO D Project No: E10196 , ;/(a___ it r Fund Source No: 4200-33000-064-530000-E10196 Office of Management and Budg- 1p-.1 p— Fund Name:Wastewater Operating ��� Encumbrance No: ATTEST 1—?—e-L-C..e_/t. ki--t-,4-4-x,— Rahacca Hi iarta City Secretary 2014-435 . AMEND. NO. 1 12/01/14 Page 1 of 1 ER\WASTEWATER\E10196 OSO WATER RECLAMATION PLANT DISSOLVED OXYGEN MODELING FOR OSO BAY\AMENDMENT NO.1\CONTRACT.DOCX RPS INDEXED RPS MEMORANDUM 4801 Southwest Parkway, Parkway 2, Suite 150,Austin, Texas 78735, USA T+1 512 326 5659 F +1 512 326 5723 W www.rpsgroup.com TO: Ms. Natasha Fudge. Acting Director of Capital Programs (City of Corpus Christi) FROM: Ernest To, Ph.D., P.E. (RPS) SUBJECT: Contract amendment for the Oso Bay dissolved oxygen modeling project (E10196) DATE: September 30. 2014. Dear Ms. . F4te-- Per our June 10, 2014 e-mail discussion and original June 16 request, RPS is submitting a revised proposal to amend the contract for the Oso Bay Dissolved Oxygen Modeling Project (E10196). utilizing unused funds remaining in a separate. completed contract that RPS currently has with the City (E12060) investigating enterococci in Nueces Bay. Background RPS is under contract with the City of Corpus Christi (City) to develop a dissolved oxygen (DO) and nutrient model for Oso Bay. The purpose of the model is to investigate impacts of the Oso Water Reclamation Plant (OWRP) effluent on conditions in Oso Bay. RPS submitted a draft alibrated model along with a modeling report to the TCEQ on June 16,_2014 for their review. The model was accepted by the TCEQ, and can be used by the agency as a permitting tool to evaluate the environmental impacts of the OWRP discharge effluent on Oso Bay. In addition. the data and findings from this project are being used to support discussions with the EPA on the proposed DO standards in Oso Bay. The development of this model fulfills the contractually required deliverables for this effort. Despite the fulfillment of deliverables, RPS has continued to support the City in Oso Bay DO modeling for tasks outside the original scope: These include: 1j Upgrading of the model to a regulatory model that fulfills the requirements of the TCEQ for evaluating permit compliance (e.g. limits on grid sizes in mixing zones, conservative reaeration parameters, nutrient parameters, etc.); Upgrading of the model to evaluate plant expansion to higher permitted discharge rates of 18 MGD and 24 MGD. These required substantial adjustments to the hydrodynamic component of the model. V Using the model to assess effluent impacts on Lower Oso Bay on DO under plant " � expansion scenarios `t! Using the model to recommend attainable DO standards in Oso Bay 5. Responding to comments and inquiries from local environmental groups (e.g. Coastal Bays Bends and Estuary Program) 6,i Preparing documentation to recommend permit and dissolved oxygen standards to the City, TCEQ and to EPA 7 Additional meetings and project coordination among City staff and consultants 8J Continued support of the City with TCEQ and EPA staff. T TRPS Memo Template-External.docx AMEND. NO. 1 EXHIBIT "A" Page 1 of 3 Additional work beyond that enumerated above will likely include: 1._ Continued support of the review of the model and results_by the TCEQ. Address comments - on the=model, including model inputs and parameters, scenario simulations, monitoring data, and documentation; 2. Participate in meetings with City and the TCEQ on permit renewal for the OWRP; 3. Participate in meetings with the City the TCEQ and EPA to discuss current and proposed DO standards in Oso Bay; and, 4. Support the review of the data and model by the EPA and address comments. The work beyond the original scope has expended funds originally allocated for RPS and its' subconsultants (LNV, Inc. and Dr. Ben Hodges) for their continued support for the City, and no funds remain for the continuing services required for RPS to successfully support the City in this effort. As of Sep 1, 2014, the overall budget for this contract has been expended (Contract #E10196). In order to continue supporting City staff in its' discussions with the TCEQ and EPA on permit renewals and review of DO standards for OWRP, RPS is requesting a contract amendment for additional funds. RPS is currently working on a separate, completed contract(El2060), a study regarding WWTP permit assistance involving the study of enterococci, which has remaining funds of approximately $25,800. Considering this project is completed, it is proposed herein that these funds could be reallocated to the present effort(contracted under E10196)to further continue the provision of support to the City for the DO modeling effort(E10196). The proposed budget to be added via amendment to the E10196 contract is $25,800, which is equivalent to the amount of unused funds under contract E12060. Schedule and Scope TCEQ is currently reviewing the most recent draft of the Oso Bay model and the associated documentation. Once the review has been completed, RPS is anticipating participation in meetings with EPA Region 6,the TCEQ and the City of Corpus Christi in the near term(perhaps as soon as July). The proposed schedule for the additional tasks is shown in the table below: Period Task October to November, Address comments from TCEQ regarding Oso Bay model, data and 2014. scenario runs. December 2014 to Meeting(s)with EPA Region 6 to discuss Oso Bay and follow actions. January, 2015. February to March, Address comments from EPA regarding Oso Bay model, data and 2015. scenario runs. In summary, RPS is requesting an amendment to the contract to transfer remaining funds from E12060 to E10196 to support additional tasks related to the Oso Bay modeling project. 2 AMEND. NO. 1 EXHIBIT"A" Page 2 of 3 • • We look forward to your favorable reply. Thank you very much for your kind attention to this matter. We look forward to continuing our support to the City as the critical effort continues. Yours=faithfully, _ Ernest To, Ph.D., P.E. Project Engineer RPS • 3 AMEND. NO. 1 EXHIBIT"A" Page 3 of 3 • Exhibit "B" Mandatory Requirements (Revised August, 2008) 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 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. EXHIBIT "B" Page 1 of 1 Sample form for: COMPLETE PROJECT NAME Payment Request Revised 07/27/00 Project No. XXXX Invoice No. 12345 Invoice Date: Total Amount Previous Total Percent Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoiced Invoice Invoice Complete Preliminary Phase $1,000 $0 $0 $1,000 $0 $1,000 $1,000 100% Design Phase 2,000 1,000 0 3,000 1,000 500 1,500 50% Bid Phase 500 0 250 750 0 0 0 0% Construction Phase 2,500 0 1,000 3,500 0 0 0 0% Subtotal Basic Services $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services: Permitting $2,000 $0 $0 $2,000 $500 $0 $500 25% Warranty Phase 0 1,120 0 1,120 0 0 0 0% Inspection 0 0 1,627 1,627 0 0 0. 0% Platting Survey TBD TBD TBD TBD TBD TBD TBD 0% O & M Manuals TBD TBD TBD TBD TBD TBD TBD 0% SCADA TBD TBD TBD TBD TBD TBD TBD 0% Subtotal Additional Services $2,000 $1,120 $1,627 $4,747 $500 $0 $500 11% Summary of Fees Basic Services Fees $6,000 $1,000 $1,250 $8,250 $750 $1,500 $2,500 30% Additional Services Fees 2,000 1,120 1,627 4,747 500 0 500 11% _ . Total of Fees $8,000 $2,120 $2,877 $12,997 $1,250 $1,500 $3,000 23% -aX . _ 0 RC2 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI co corpus 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 following 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: RPS P. O.BOX: STREET ADDRESS: 4801 Southwest Parkway,Pkwy 2,Suite 150 CITY: Austin ZIP: 78735 FIRM IS: 1. Corporation 2. Partnership 3. Sole Owner ❑ 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) A/4 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 AL4- 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 )14- 4. 44. 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 109' 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: Brian Reis Title: 1,l2Uyo/L W47—Er2, Etf6'ioE�,zka6 (Type or Print) Signature of Certifying /�' Date: Person: /ft/ � ,Q� 43/h/ 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. c. "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. e. "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.