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HomeMy WebLinkAboutC2015-229 - 7/27/2015 - NA CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 2 The City of Corpus Christi, Texas hereinafter called "CITY", and Freese and Nichols, Inc. hereinafter called "ENGINEER" agree to the following amendment to the Contract for Professional Services for CJ of Corpus Christi Desalination Program — Valero Corpus Christi Reclaimed Water Project Analysis (Project No. E13063), as authorized and amended by: Original A/E Agreement June 25, 2013 Administrative Approval $49,348.00 Amendment No. 1 April 29, 2014 Ordinance No. 030173 $966,699.00 Exhibit "A" shall be amended to further investigate reuse possibilities as shown on the attached Amendment No. 2 Exhibit "A". Exhibit "A" shall be amended as specified in Amendment No. 2 Exhibit "A" for a revised fee not to exceed $49,987.00 (Forty-Nine Thousand Nine Hundred Eighty-Seven Dollars and Zero Cents), for a total restated fee not to exceed $1,066,034.00 (One Million Sixty-Six Thousand Thirty-Four Dollars and Zero Cents). Monthly invoices shall be submitted in accordance with Exhibit "B". All other terms and conditions of the June 25, 2013 contract between the City and Engineer, and any amendments to that contract, which are not specifically addressed herein shall remain in full force and effect. CITY OF CORPUS CHRISTI F EES AND NICHOLS, INC. 2. ry.,„, 6 • 11 .t Ronald L. 01 il"' Date R n G mai, P.E. Date City Manager PrincipalNice President 800 North Shoreline Blvd., Suite 1600N Corpus Christi, Texas 78401 7•�7. (361) 561-6500 Office Gust vo Gonzal z, .E. Date (361) 561-6501 Fax Assis ant City M.nager for 'ublic W• s and Utilities £&1ti -if •. 72/ /J �1-rie H. a ay, .E. Date Executive Direct.r, Publ c Works RECOMMENDED -e'er. • •epartment Date 2015-229 7/27/15 AMEND. NO. 2 Freese and Nichols Inc. Page 1 of 2 3063 CITY OF CC DESALINATION PROGRAM\AMENDMENT NO.2\CONTRACT.DOCX INDEXED APPROVED AS TO LEGAL FORM 2 Z ? `7-Z-'!S As tant City Attorney Date for City Attorney APP eViEc e ' /74Y--/, Office of Management and Budget Datf.p ATTEST 175Z--L(2 --/C-X-"' .1-1-*1-'17-- Rebecca Huerta, City Secretary Project No: E13063 Accounting Unit: 4080-041 Account: 550950 Activity: El3063014080EXP o weri Account Category: 50950 Fund Name: Water CIP AMEND. NO. 2 Page 2 of 2 K\ENGINEERING DATAEXCHANGE\JENNIFER\WATER\E13063 CITY OF CC DESALINATION PROGRAM\AMENDMENT NO.2\CONTRACT.DOCX EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS Variable Salinity Desalination (VSD) Demonstration —Amendment#2 Valero Corpus Christi Reclaimed Water Project Decision Analysis (DA) (Project No. E13063) I. SCOPE OF SERVICES A. BASIC SERVICES The City of Corpus Christi (City)is undertaking a Variable Salinity Desalination(VSD)Demonstration Program which is an ongoing effort to develop a desalination demonstration plant. Desalination and reuse, two of the three key water supply strategies for the City, are integral to the future of water in the Coastal Bend and the City's overall water supply portfolio. Contract Amendment No.2 will further investigate reuse possibilities. These basic services are required to provide the necessary information and preparation to successfully perform and complete the analysis. This Amendment No. 2 to Project No. E13063 will provide: • A Decision Analysis of the Valero Corpus Christi Reclaimed Water Project (Project). The Decision Analysis will provide an analysis of pertinent factors that the City may need to consider in order to make an informed decision on how to proceed with the potential Project. The Decision Analysis will include a thorough examination of the four options proposed by Valero for the Project and explore other concerns that may be necessary to factor into the City's decision-making process. The Architect/Engineer-NE(also referred to as Consultant)will execute this analysis for the City in a systematic manner by first researching potential areas of consideration for the City, analyzing the extent of associated risks, and finally providing a general summary of all findings with concise recommendations on which factors will be the most crucial. The NE will identify, clearly represent,and formally assess important aspects of the decision such that the City can make an informed decision on which course of action to pursue.While evaluating the analysis,the City must consider the impact of proceeding with or avoiding the development of this specific reclaimed water supply project. The considerations that may affect the City from the Project fall under four general categories: 1. Technical, 2. Financial, 3. Water Supply, and 4. Environmental/Regulatory. The Decision Analysis provided to the City will consist of the analysis of these four categories. 1. Project Administration. The NE will conduct the following administration activities: a) Meetings 1. Kick-off Meeting (1) with the City 2. Up to one (1) coordination meetings with the City prior to Draft submittal 3. Decision Analysis- Draft Review Meeting (1) with City AMEND. NO. 2 EXHIBIT "A" Page 1 of 7 2. Technical Focus Areas. The NE will address technical focus areas that are related to this Project. Technical focus areas include, but are not limited to: a) Size of the Project Pipeline. If the City goes forward with an oversized pipeline in order to feed additional customers with reclaimed water, the size of the pipeline will need to be considered. Failure to size the Project pipeline large enough would cause an adverse impact to the City by limiting its potential to sell additional reclaimed water to future customers. b) Ownership and Maintenance of the Pipeline. If the City goes forward with an oversized pipeline, the City will have rights to a portion of that reclaimed water. In this case, pipe material must be considered. Corrosiveness of treated effluent will be a contributing factor in choosing the pipe material. c) Additional Treatment Needs at the Greenwood Wastewater Treatment Plant (WWTP). If the City goes forward with an oversized pipeline, additional treatment capacity needs at the Greenwood WWTP will need to be evaluated to account for potential future customers (for certain Valero treatment options). d) Valero Proposed Treatment Options. A high-level comparison of each treatment option will be provided as part of this decision analysis. Treatment option considerations include, but are not limited to: 1. Solids loading impacts. The Base Case, Option 1 and Option 2 scenarios provided by Valero involve the addition of coagulant and polymer prior to conveyance to Valero. Additional solids loading provided by Valero will be reviewed and compared to current loads. 2. Impact to current City operations. Currently, the City does not add coagulant and polymer at any of their WWTPs. The effect of this addition on the City's operations will be explored. 3. Benefit of filters ahead of the ultraviolet (UV) disinfection system. Considering previous Enterococci permit violations, the addition of filters before the UV process, as indicated in Option 1, may be dually beneficial to the City. 4. Physical available area at the Greenwood WWTP. Impacts to the physical available area for any future improvements at the Greenwood WWTP will be considered. 3. Financial Focus Areas. The NE will address financial focus areas that are related to this Project. Financial focus areas include, but are not limited to: a) Capital Costs. For the oversizing of the Project pipeline, capital costs will be incurred by the City for both the pipeline and also the treatment facilities to provide this additional water(for certain Valero treatment options). These Valero- developed costs will be reviewed. b) Water Supply Financial Impacts. Because rates for industrial reuse are less than rates for potable sources, the City's water-related revenues will be affected by the Project. The impacts of the Project, along with current City projects, on water rates and the financial implications of water supply"what-if' scenarios, such as population, weather patterns, and usage rates will be evaluated. c) Operational Costs. For the oversizing of the Project pipeline, reclaimed pump station and treatment facilities (for certain Valero treatment options), operational costs will be incurred by the City since the City will be responsible for operating any of the implemented improvements at the Greenwood WWTP site. d) Contracted Water Quantities. The risk of not meeting minimum agreed upon quantities will be considered. AMEND. NO. 2 EXHIBIT "A" Page 2 of 7 e) Contracted Water Quality. The risk of occasional excursions from contracted water quality parameters will be considered. 4. Water Supply Focus Areas. The NE will address water supply focus areas that are related to this Project. Water supply focus areas include, but are not limited to: a) Water Supply Master Plan. The impacts of an augmented water supply from the Project as it relates to planned Raw Water Supply strategies in the City's Water Supply Master Plan will be considered. b) Regional WWTP Program. Considerations related to the Project and the Regional WWTP Program will be evaluated. If the Regional WWTP is not located near the Greenwood WWTP, certain factors will need to be considered. 5. Environmental/Regulatory Focus Areas. The NE will address environmental/ regulatory focus areas that are related to this Project. Environmental/regulatory focus areas include, but are not limited to: a) Oso Bay Restrictions. The Greenwood WWTP discharges into Oso Creek thence to Oso Bay. Oso Bay is an environmentally sensitive area which is currently benefiting from salinity dilution by the Greenwood and Oso WWTPs; however, these discharges are also reducing the dissolved oxygen such that the TCEQ has informed the City that they cannot expand the Oso WWTP due to oxygen limitation in Oso Bay. Coordinating with the TCEQ will be necessary to utilize their Water Quality model as a tool to assess the impact of lower volume discharges from the Greenwood WWTP. b) Oso Creek Diversions. The maximum amount of water that can be diverted for reclaimed purposes needs to be determined. This review includes coordination with the TCEQ, using their understanding of Oso Creek and any restrictions. 6. Decision Analysis Deliverable: The A/E will: a) Submit six (6) hard copies and one (1) electronic file on CD of the Draft Decision Analysis to the City for technical review and comments. b) After the draft review meeting, incorporate comments and submit six (6) hard copies and one (1) electronic file on CD of the Final Decision Analysis to City. City to Provide or Perform a) City to provide all background calculations and data developed by Valero so the values can be analyzed. b) City to provide to the Consultant any updated information communicated from Valero as the Decision Analysis progresses. The records provided for A/E's use under this contract are proprietary, copyrighted,and authorized for use only by NE, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. AMEND. NO. 2 EXHIBIT "A" Page 3 of 7 B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Executive Director of Public Works. NE may not begin work on any services under this section without specific written authorization by the Executive Director of Public Works. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Executive Director of Public Works as required. The NE shall, with written authorization by the Executive Director of Public Works, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits, which have not been included in the Basic Services and would be considered unforeseeable. The NE will prepare this documentation for all required signatures. The NE will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements c) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USAGE) k) United States Environmental Protection Agency (USEPA) I) Texas Department of Licensing and Regulation (TDLR ) m) Texas General Land Office (TGLO) n) Other agency project-specific permits (Permitting of new site well, as necessary.) 2. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City's Global Positioning System(GPS)control network.All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW.NE must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW,which will be used by the NE to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. AMEND. NO. 2 EXHIBIT"A" Page 4 of 7 a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied —i.e. —the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City's Geotechnical Engineering Consultant. h) Obtain x,y, and z coordinates of all accessible existing sanitary sewer, storm sewer, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. No utility connections will be shown. Surveying services, related to subsurface utility engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. I) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at"not to scale"and for information only.All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. m) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements.A strip map showing all parcels required will be submitted along with parcel descriptions.Additional fees may be required in resolving boundary conflicts between Owners.NE shall submit parcel maps and legal descriptions prior to the 60% submittal. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard"ASCE C- I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data"including, but not limited to,hydro-excavation. The proposed subsurface utility investigation will be as follows: 1. Excavation — The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the AMEND. NO. 2 EXHIBIT "A" Page 5 of 7 • horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. 2. Utility Location — The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. 3. Storm Water—Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. 4. Wastewater—Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. 5. Water — Water facilities within the project limits will be located to Quality Level C. 6. Gas—Gas facilities within the project limits will be located to Quality Level C by the NE. The City Gas Department will provide Quality Level A. The NE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction and coordinate relocation or conflict avoidance. 7. Construction Observation Services. To Be Determined 8. Start-up Services. Provide on-site services and verification for all start-up procedures during actual start-up of major Project components, systems, and related appurtenances if needed and required. 9. Training.Coordinate required training of City staff and provide Operation and Maintenance Manuals. 10. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair,fix, restore, patch,or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action,with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty(60)days prior to the end of the maintenance guaranty period. Provide the services above authorized in addition to those items shown on Exhibit"A-1"Task List, which provides supplemental description to Exhibit"A". Note: The Exhibit"A-1"Task List does not supersede Exhibit"A". AMEND. NO. 2 EXHIBIT "A" Page 6 of 7 C. SCHEDULE Date Activity Notice To Proceed To Be Determined by City (once Valero information is received) Forty Five (45) days after Notice to Proceed Draft Submittal Two weeks after Draft Submittal City/Stakeholder Review Workshop Two weeks following receipt of Final Submittal City comments D. FEES 1. Fee for Basic Services. The City will pay the NE a fixed fee for providing for all "Basic Services" authorized 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. above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section I.A., NE will submit monthly statements for basic services rendered. 2. Fee for Additional Services. For services authorized by the Executive Director of Public Works under Section I.B. "Additional Services,"the City will pay the NE a not-to-exceed fee as per the table below: Summary of Fees Basic Services Fees 1. Decision Analysis $49,987.00 Subtotal Basic Services Fees $49,987.00 Additional Services Fees (Allowance) 1. Permit Preparation To Be Determined 2. ROW Acquisition Survey To Be Determined 3. Topographic Survey and Parcel Descriptions To Be Determined 4. Environmental Issues To Be Determined 5. Public Involvement To Be Determined 6. Subsurface Utility Investigation To Be Determined 7. Construction Observation Services To Be Determined 8. Startup Services To Be Determined 9. Training To Be Determined 10. Warranty Phase To Be Determined Subtotal Additional Services Fees Authorized To Be Determined Total Authorized Fee $49,987.00 AMEND. NO. 2 EXHIBIT "A" Page 7 of 7 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% 0 & 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% m a alSUPPLIER NUMBER TO BE ASSIGNED BY CH Y '- = PURCHASING DIVISION ..� City of CITY OF CORPUS CHRISTI C 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 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: Freese and Nichols,Inc. P.O. BOX: STREET ADDRESS: 800 N.Shoreline,Suite 1600N CITY: Corpus Christi ZIP: 78401 FIRM IS: I I. Corporation r 2. Partnership _ 3. Sole Owner ❑ 4. Association u 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 P // 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." NameI Title 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 3 1. 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'con1 tituting 3%or more of the ownership in the above named "firm." Name Consultant • 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: Ron Guzman,P. E. Title: Principal (Type or Print) Signature of CertifyingPP Date: l ,(Ao . I Person: 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.