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HomeMy WebLinkAboutC2016-011 - 1/19/2016 - Approved • r • •1 I , CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES AMENDMENT NO. 1 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, Texas 78752, (Consultant), hereby agree as follows: 1. SCOPE OF PROJECT Wastewater Permit Assistance (Project No. E15208) — The project provides for professional services assisting the City in the Texas Commission on Environmental Quality (TCEQ) permit renewal and related regulatory support for the City's six (6) wastewater treatment plants (WWTP). Anticipated services include preparation of TCEQ permit application; providing administrative and technical support during permit processing; general regulatory support associated with the operations of WWTPs; and assistance in multi-sector general permit renewal. This is a one-year base contract with four(4) one (1)-year optional renewals. The renewal of the Professional Services Agreement for future years will be administratively approved. 2. SCOPE OF SERVICES The Consultant hereby agrees to perform services to complete the Project, as detailed in Exhibit"A". In addition, Consultant will provide monthly status updates(project progress or delays presented with monthly invoices)and provide contract administration services, as described in Exhibit "A", to complete the Project. Work will not begin on Additional Services until requested by the Consultant (provide breakdown of costs, schedules), and written authorization is provided by the Director of Engineering Services. 3. ORDER OF SERVICES The Consultant agrees to begin work on those authorized Basic Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by 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 Consultant 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. Consultant shall notify the City of Corpus Christi within three (3) days of 2016-011 1 requires an additional fee. 1/19/16 Contract for Professional Services M2016-011 Page 1 of 7 Alan Plummer Associates Inc. .R\WASTEWATER\E15208 WWTP PERMIT ASSISTANCE\AMENDMENT NO 1\CONTRACT\CONTRACT NEW AS OF I NDEX 4. FEE The City will pay the Consultant a fee as described in Exhibit "A" for providing services authorized, a total fee not to exceed $178,000.00 for a total restated fee not exceed $207,000.00. Monthly invoices will be submitted in accordance with Exhibit "B". The City's Project Manager from the Operating Department is responsible for assigning tasks to the Consultant and approving their daily/weekly/monthly hours. The Consultant is required to submit a detailed and approved hourly breakdown with their monthly invoice paperwork to the City for payment. 5. INDEMNITY Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, or other entity, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs,to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement.This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. 6. INSURANCE 6.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Consultant must furnish to the Director of Engineering Services with the signed agreement 2 copies of Certificates of Insurance(COI)with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Contract for Professional Services Page 2 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCEWMENDMENT NO.1\CONTRACTCONTRACT NEW AS OF City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) $2,000,000 Aggregate (Defense costs shall be outside policy limits) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. WORKERS' COMPENSATION Statutory (All States Endorsement if Company is not domiciled in Texas) Employer's Liability $500,000 /$500,000 /$500,000 6.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 6.4 Applicable for paid employees, Consultant must obtain workers' compensation Contract for Professional Services Page 3 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCE\AMENDMENT NO.1\CONTRACT\CONTRACT NEW AS OF coverage through a licensed insurance company.The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Consultant will be promptly met. An All States Endorsement shall be required if Consultant is not domiciled in the State of Texas. 6.5 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 6.6 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 6.7 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 6.7.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy and professional liability/Errors & Omissions policy; 6.7.2 Provide for an endorsement that the"other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 6.7.3 Workers'compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and 6.7.4 Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 6.8 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. Contract for Professional Services Page 4 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCEWMENDMENT NO.1\CONTRACT\CONTRACT NEW AS OF 6.9 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 6.10 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 6.11 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 6.12 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 7. TERMINATION OF CONTRACT The City may, at any time, with or without cause, terminate this contract upon seven days written notice to the Consultant at the address of record. In this event, the Consultant will be compensated for its services on all stages authorized based upon Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. 8. LOCAL PARTICIPATION The City Council's stated policy is that City expenditures on contracts for professional services be of maximum benefit to the local economy. 9. ASSIGNABILITY The Consultant 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 Consultant staff. If the Consultant 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 Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 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. 10.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 Contract for Professional Services Page 5 of 7 K:\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCE\AMENDMENT NO.1\CONTRACT\CONTRACT NEW AS OF used again by the Consultant without the express written consent of the Director of Engineering Services. However, the Consultant 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. 11.STANDARD OF CARE Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing in the same or similar locality and under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.DISCLOSURE OF INTEREST Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 13.CERTIFICATE OF INTERESTED PARTIES Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract, if required. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. 14.CONFLICT OF INTEREST Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/index. 15.ENTIRE AGREEMENT AND CONTROLLING LAW This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 16.CONFLICT RESOLUTION BETWEEN DOCUMENTS Consultant hereby agrees and acknowledges if anything contained in the Consultant- prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with this Agreement, this Agreement shall take precedence and control to resolve said conflict. Contract for Professional Services Page 6 of 7 K.\ENGINEERING DATAEXCHANGE\JENNIFER\WASTEWATER\E15208 WWTP PERMIT ASSISTANCE\AMENDMENT NO.1\CONTRACT\CONTRACT NEW AS OF CITY OF Co ' • ' CHR : ALAN PLU M R ASSOCIATES, INC. X 2.5 /. aQ i'Z-/f� i, J. . Edmonds, P.E. D e Rex H. Hunt, P.E. Date Director of Engineering Services Principal 6300 La Calma, Suite 400 Austin, Texas 78752 ECOMME DED (512) 452-5905 Office I (512) 452-2335 Fax (SO.6/3C i� Operating Department Date APPROVED AS TO LEGAL FORM /,‘„1-7 I -S-,).0►6 Assistant y Attorney Date APP OVED 1/44 Office of Management D: - ' ( � I and Budget _�... AU I H KILL. IT CoUFW l....a 1 ' I (v ATTEST ft � 1-24QA-,e-A--) 1'( %'1Z/ 4-?‘. I ( � (14 .410 SFC••f'TA v Rebecca Huerta Date . City Secretary Project Number E15208 Accounting Unit 4200-33000-064 Account 530000 Activity E15208014200EXP Account Category 30000 Fund Name Wastewater Operating 4lat-4 Nat //���1� ����ci3,(4) ontract for Professional Services cd la j23,,n (.c t-liitC k/va[. 1441. 2 Page 7 of 7 K:\ENGINEEING DATA HANGE\JENNIFER\WASTEWTER\E15208 WTP PusMIT ASSISTAN ENDM NO.1\CONTRACT\CONTRACT NEW AS OF EXHIBIT "A" CITY OF CORPUS CHRISTI, TEXAS WASTEWATER PERMIT ASSISTANCE AMENDMENT NO. 1 PROJECT NO. E15208 SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, BASIC SERVICES includes the following phases: Phase I: Texas Pollutant Discharge Elimination System Permit Renewals Phase II: General Regulatory Support Phase III: Multi-Sector General Permit Renewal Assistance These services will apply to each of the CLIENT's permitted facilities, in accordance with their respective schedules for permit renewal. Activities and tasks for each phase are described following. Phase I: Texas Pollutant discharge Elimination System Permit Renewals The renewal process for each of the City's permits includes the following BASIC SERVICES activities: Activity A: Prepare Application for the Permit and Provide Administrative Review Support Activity B: Assist in Processing the Permit Application through the Texas Commission on Environmental Quality Each activity has specific tasks, which are described in the following sections. For purposes of the BASIC SERVICES scope, it is assumed that the renewal of the TPDES permits includes straight renewal only (i.e., no anticipated changes to the permit being sought that would result in a need for a significant modification or amendment of the permit). If modification or amendment of a permit are desired by the CLIENT or required by the TCEQ, such will be considered as ADDITIONAL SERVICES and the ENGINEER will provide supplemental scope and budget to apply for and support the additional permitting requirements associated with the request or requirement. The ENGINEER will proceed with the additional permitting requirements only after authorization to proceed is received from the CLIENT. Activity A: Prepare permit Application and Provide Administrative Review Support This initial activity includes four tasks. These tasks are described below. Task 1: Obtain and Review Information ENGINEER will review the information available from the previous permit application for the WRC and will determine what additional information is needed. ENGINEER will prepare, and submit to CLIENT, a request for information. Requested information will include, but not be limited to effluent quality data, soils data for overland flow site, and industrial pretreatment program information. ENGINEER will review the information to verify that it meets TCEQ requirements. If necessary, additional information will be requested by ENGINEER. CLIENT is responsible for the costs associated with all effluent analyses. EXHIBIT"A" Page 1 of 6 Revised November 26,2013 Task 2: Prepare Permit Application ENGINEER will prepare a renewal permit application. Relevant information obtained in Task 1 will be entered into the appropriate TPDES permit application form by ENGINEER. The application forms required are the Domestic Administrative and Technical Reports. Required attachments to the application will be prepared. Attachments required by the TPDES permit application include, but are not limited to, two original USGS topographic maps with details labeled, and a Supplemental Permit Information Form. Two copies of the application will be provided to CLIENT for review. After receipt of comments from the CLIENT, the application will be revised by ENGINEER, as appropriate. An original and six copies of the final application will be provided to CLIENT. Per TCEQ requirements, the original and three copies of the application must be submitted to the TCEQ. If requested to do so, ENGINEER will submit the original and three copies of the application to the TCEQ on behalf of CLIENT. The application must include a copy of a check payable to the TCEQ. TPDES permitting fees will be the responsibility of CLIENT. Task 3: Provide Support for Administratively Complete Application The TCEQ will perform an administrative review of the permit application. The administrative review may also include a limited technical review. The TCEQ will advise CLIENT of the results of the administrative review. If required, ENGINEER will assist CLIENT in preparing a response to the administrative review comments. Once the TCEQ is satisfied that all of the required information has been included, the TCEQ will declare the permit application to be administratively complete. CLIENT will be instructed to publish a notice of intent to obtain a permit. The notice is required to be published in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the alternative language publication is required for the renewal will be made during Task 1 of this activity. Publication of the notice and associated fees will be the responsibility of CLIENT. ACTIVITY B: Assist in Processing the permit Application through the Texas Commission on Environmental Quality This activity includes two tasks. The amount of work required to complete Activity B cannot be determined precisely. Activity B, therefore, provides for a reasonable level of effort to complete the permit renewal without changes. If required to provide more support than anticipated by the budget for Activity B, ENGINEER will be entitled to additional compensation. Activity B tasks are described below. Task 1: Provide Technical Support During Application Processing ENGINEER will provide support during the completion of the TCEQ technical review and processing of the permit application. Support may include telephone conversations with TCEQ staff during the review process to answer questions regarding the application. When all technical reviews are completed, TCEQ will prepare an initial draft permit and provide a copy to CLIENT for review. ENGINEER will review the draft and assist CLIENT in the preparation of a written response to the TCEQ. CLIENT will be required to publish a notice of the draft permit in one or more local newspapers, and possibly in an alternative language newspaper. The determination of whether the EXHIBIT"A" Page 2 of 6 Revised November 26,2013 .. alternative language publication is required for the renewal will be made during Task 1 of Activity A. Publication of the second notice and associated fees will be the responsibility of CLIENT. Task 2: Communications During Application Processing This task includes occasional telephone communications between ENGINEER and the TCEQ to discuss the status of the agency's review. It also includes conference calls with CLIENT during the technical review process to discuss application status and, as necessary, to develop strategies for responding to permit provisions proposed by TCEQ in the draft permit. ENGINEER will prepare for, and participate in one meeting with the CLIENT and TCEQ to discuss appropriate provisions for the next permit. The budget prepared for this task assumes this meeting will be conducted in Austin. Phase II: GENERAL REGULATORY SUPPORT From time to time the CLIENT may be faced with specific regulatory issues at one WWTP or another or regulatory issues within the collection system associated with the WWTPs. At the CLIENT's request, ENGINEER will provide support to respond to such issues. It is not possible to anticipate all the requirements this phase of services may entail. Potential general regulatory issues include, but are not limited to, the following: • Telephone conference calls or meetings with CLIENT's representatives to discuss regulatory or compliance issues, including new regulations or implementation procedures, water quality standards changes, potential impact on the CLIENT of proposed new regulations or standards, enforcement actions of the TCEQ or EPA, etc. • Telephone calls or meetings with TCEQ representatives or other regulatory agencies regarding regulatory or compliance issues • Assisting with review or evaluation of water quality documents related to the CLIENT's receiving water bodies, including researcher reports, Total Maximum Daily Load (TMDL) reports or implementation plans, or other relevant documents that could impact the City's wastewater system directly or indirectly. The ENGINEER will only provide these services as requested and directed by the CLIENT. Phase III services will generally be short-term requests for assistance. If the CLIENT's request for regulatory assistance is likely to result in significant effort on the part of the ENGINEER, a separate scope will be prepared as ADDITIONAL SERVICES. Phase III: Multi-Sector General Permit Renewal The ENGINEER will assist the CLIENT in the process of the renewal of the MSGP with the following activities: Activity A: Review Existing Stormwater Pollution Prevention Plans Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of Intent Each activity is further described below. Activity A: Review Existing Stormwater Pollution Prevention Plans EXHIBIT"A" Page 3 of 6 Revised November 26,2013 The CLIENT will provide the most updated SWPPP for each of the plants for which a SWPPP exists to the ENGINEER for review. For purposes of this scope, it is assumed that all six plants are currently covered under the MSGP and, therefore, have a SWPPP. The ENGINEER will review the SWPPPs, comparing them to existing conditions at the facility, current provisions of the MSGP and anticipated new provisions that may be incorporated into the renewed MSGP. A brief technical memorandum (TM) describing the findings of the review will be provided to the CLIENT. The TM will identify changes needed for each SWPPP in order to maintain compliance with current or anticipated future provisions of the MSGP. The TM will provide the basis for modifications of SWPPPs to be provided in Activity B. Activity B: Update the Stormwater Pollution Prevention Plans and Submit Updated Notices of Intent The TM prepared for Activity A will be used to determine if changes to the SWPPPs are needed or the extent of modifications required. Prior to initiating changes, the ENGINEER will meet with the CLIENT to discuss the necessary changes and whether the ENGINEER will be tasked with making such changes. For purposes of the scope for BASIC SERVICES, it is assumed that the SWPPP for each plant will require some basic changes but that such changes will be relatively minor in nature. Minor changes would be expected if plant changes to stormwater controls have been minor and if changes to provisions in the MSGP are not significant. If changes to stormwater controls at a WWTP have been significant (e.g., an outfall has been added or there is new significant exposure of stormwater to plant processes or chemicals), it may be necessary to make significant changes to the SWPPP. Likewise, significant changes in the MSGP in the next renewal process (e.g., new sampling or reporting requirements, etc.), significant changes to the SWPPP could be necessary to accommodate such changes. Any plants not currently covered under the MSGP and for which the City desires to have such coverage will need a SWPPP prepared. The ENGINEER will proceed as instructed by the CLIENT. If significant changes are necessary and to be provided by the ENGINEER, such will be considered ADDITIONAL SERVICES and a separate scope and budget provided before proceeding. In addition, the ENGINEER will assist the CLIENT with preparation of new Notices of Intent (NOI) for each plant, as will be required as part of the MSGP renewal process. Permit renewal fees for the MSGP for each plant will be paid by the CITY to TCEQ. II. SCHEDULE Because the TPDES permits for the six plants expire at unique times, the applications that must be submitted for renewals are likewise due at different times (i.e., six months prior to permit expiration). The ENGINEER will prepare permit renewal applications (i.e., Phase I, Activity A services) according to the following schedule: EXHIBIT"A" Page 4 of 6 Revised November 26,2013 • Plant Anticipated Start Date for Anticipated Application Preparation of the Submission Date Application Broadway' Application preparation (Activity A) is included in the original scope for this project; Permit processing support (Activity B) is included as part of this Amendment No. 1 to the contract. Greenwood July 1, 2016 December 2, 2016 Whitecap August 1, 2016 January 1, 2017 Allison June 1, 2017 November 1, 2017 Laguna Madre May 1, 2019 October 3, 2019 Oso Permit amendment under a separate contract; future permit renewal requirements unknown at this time Activity B (support during permit application processing) will begin once the submitted application is declared by the TCEQ to be Administratively Complete. The time required for Activity B cannot be anticipated because processing is done by the TCEQ and generally out of the control of the CLIENT or ENGINEER. However, a nine-to 12-month period for processing a renewal application is typical. Based on this schedule, TPDES applications will be prepared and processed on the following fiscal year (FY) schedule: Plant Activity A Activity B Broadway (included in the FY16 original scope for the project Greenwood FY16-17 FY17-18 Whitecap FY 16-17 FY17-18 Allison FY17-18 FY18 Laguna Madre FY19-20 FY20 Oso TBD TBD Phase II services do not have a specific contract schedule as they are provided on an as needed and as requested basis. The MSGP expires in August 2016 and is on track to be renewed by the TCEQ by that time. The TCEQ will probably provide a 90-day period after the renewal date for permittees to submit new NOls to renew coverage. The SWPPP for each plant will need to be updated prior to submittal of the new NOI. The ENGINEER will complete Phase III services for all plants during FY 2016. This will include review and updating of the SWPPPs and submission of the NOls. 1 The Broadway TPDES permit application (i.e., Phase I, Activity A services) is being completed under the original contract between the CLIENT and ENGINEER for this project. EXHIBIT"A" Page 5 of 6 Revised November 26,2013 Ill. FEES The anticipated budget for FY2016 is based on the required schedule for the year, which includes the following: • TPDES permit applications for Greenwood WWTP and Whitecap WWTP (Phase I, Activity A services) • TPDES permit processing support for Broadway WWTP (Phase I, Activity B services) • A budgeted amount for general regulatory support(Phase II services) • Stormwater permitting support for all six plants (Phase III services) The FY2016 budget (i.e., the amendment to the original contract) is as follows: Plant(s) Phase I Services Phase II Phase III (TPDES Permitting Services Services Activity A Activity B (General (General Permit Regulatory for Stormwater) Support) Greenwood $29,000 -- Whitecap $25,000 -- Broadway -- $17,000 All Plants -- -- $25,000 $82,000 Phase/Activity Totals $54,000 $17,000 $25,000 $82,000 Amendment No. 1 Total $178,000 This is a time and material budget for this project, based on the anticipated scope previously described. Future fiscal year budgets will be established in accordance with a schedule determined by the CLIENT and ENGINEER and based on permitting and regulatory needs of the CLIENT. The total anticipated fee, including the original fee for the Broadway WWTP permit renewal application of $29,000.00 and this Amendment No. 1 of $178,000.00 is, therefore, $207,000.00. Future amendments to this contract to add BASIC SERVICES related to regulatory support for the City's wastewater plants will be negotiated each year. EXHIBIT"A" Page 6 of 6 Revised November 26,2013 ,.. '. . , EXHIBIT B SAMPLE PAYMENT REQUEST FORM 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% Contract for Professional Services Exhibit B • • ` • SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi 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: Alan Plummer Associates,Inc. P. O.BOX: STREET ADDRESS: 6300 La Calma Drive,Suite 400 CITY: Austin ZIP: 78752 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) N�q n v� 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." Na 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 NSA - 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." _ n ac) Name/11 ame N J At Consultant • 4> , A • 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: Rex H.Hunt,P.E. Title: Principal (Type or Print) Signature of Certifying Date: Z /11y1')— 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. • CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 2 OFFICE USE ONLY Complete Nos. 1-4 and 6 if there are interested parties. Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1466 Alan Plummer Associates, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/07/2016 being filed. ate City of Corpus Christi Ac nowledged: (1.01(/) Tl-fe 3 Provide the identification number used by the governmental entity or state agency to track or identify t e con ract,and provide a description of the goods or services to be provided under the contract. 15208 Wastewater Permit Assistance 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary Plummer,Alan Fort Worth,TX United States X Wagner, Mike Fort Worth,TX United States X Minahan, John Fort Worth,TX United States X Gudal, David Fort Worth,TX United States X Hunt, Rex Austin,TX United States X McDonald, Ellen Fort Worth, TX United States X Rackley, Bill Houston,TX United States X Glass, Peggy Austin,TX United States X Coonan, Steve Austin,TX United States X Tucker,Alan Fort Worth, TX United States X Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598 CERTIFICATE OF INTERESTED PARTIES FORM 1295 2 of 2 OFFICE USE ONLY Complete Nos.1-4 and 6 if there are interested parties. Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2016-1466 Alan Plummer Associates, Inc. Fort Worth,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 01/07/2016 being filed. ledged: City of Corpus Christi 4 ,„Date Ackno�zC`J� m3 Provide the identification number used by the governmental entity or state agency to track or identifycontract,and provide a description of the goods or services to be provided under the contract. 15208 Wastewater Permit Assistance 4 Nature of interest(check applicable) Name of Interested Party City,State,Country(place of business) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. "' '..'". MELISSA BEASLEY �� _•' e Notary Public, State of Texas ,: .' - My Commission Expires �r ‘14;,;;;,,. ; March 02, 2019 Sig re of authorized agent of contracting business entity AFFIX NOTARY STAMP I SEAL ABOVE Sworn1 -to and subscribed before me,by the said ..J d�14 I( . M ' �r� ,this the day of �,]L�nuoe:t/ , L9 20 1 ,to certify which,witness my hand and seal of office. I�2A t/15v► A51 &?ciAck. AS ,5-k Signature of officer ad i istering oath Printed name of officer admitering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.33598