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.
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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
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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
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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.
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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
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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.
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CITY OF Co ' • ' CHR : ALAN PLU M R ASSOCIATES, INC.
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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
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Operating Department Date
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City Secretary
Project Number E15208
Accounting Unit 4200-33000-064
Account 530000
Activity E15208014200EXP
Account Category 30000
Fund Name Wastewater Operating
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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"
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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