HomeMy WebLinkAboutC2019-023 - 1/14/2019 - NA CITY OF CORPUS CHRISTI
CONTRACT FOR PROFESSIONAL SERVICES
RENEWAL NO. 3, AMENDMENT NO. 4
The City of Corpus Christi, Texas, a Texas home-rule municipal corporation ("City") and Alan Plummer
Associates, Inc. ("Consultant"), agree to enter into this Renewal No. 3, Amendment No. 4 to the Contract for
Professional Services for Wastewater Permit Assistance (Project No. El5208):
Original Contract December 8, 2015 Administrative Approval $29,000
Amendment No. 1 January 26, 2016 Motion No. M2016-011 $178,000
Renewal No. 1, Amendment No. 2 , January 30, 2017 Administrative Approval $160,000
Renewal No. 3, Amendment No. 4 November 29, 2017 Administrative Approval $160,000
Scope of Services shall be amended as set forth in the attached Amendment No.4, Exhibit A.
Fees shall be amended based on the modified scope of services in the attached Amendment No.4, Exhibit A for
a fee not to exceed $160,000, for a total restated fee not to exceed $687,000.
All other terms and conditions of the Contract for Professional Services between the City and Consultant, and of
any amendments to that contract,which are not specifically addressed herein shall remain in full force and effect.
CITY OF CORP - • C I ALAN PLUMMER ASS•CIATES, INC.
ipir
, i x 4100. /7/Cii I 7 il I i 3 PI
Je . H. Edmonds, P.E. D to Rex H. Hunt, P.E. Date
Director of Engineering Services Principal
5934 South Staples Street, Suite 220
Corpus Christi, TX 78413
(361) 356-8413 Office
APPROVED AS TO LEGAL FORM (361) 452-2325 Fax
4 �/ 2019.01.09 rhunt@apaienv.com
11:03:12 -06'00'
Assistant City Attorney Date
ATTEST
. f1 / _ ill _'. G1 • lc)
Re•ecca Huerta Date
City Secretary
Project Number E15208
Accounting Unit 4200-33000-064
Account 530000
C2019-023
1/14/19
\E15208-WASTEWATER PERMIT ASSISTANCE NO 4,RENEWAL NO 3\CONTRACT DOC
Alan Plummer Associates Inc.
EXHIBIT "A"
CITY OF CORPUS CHRISTI, TEXAS
WASTEWATER PERMIT ASSISTANCE
AMENDMENT NO. 4, RENEWAL NO. 3
PROJECT NO. E15208
I. SCOPE OF SERVICES
A. BASIC SERVICES
For the purpose of this contract amendment, BASIC SERVICES includes the following
phases:
• Phase I: Texas Pollutant Discharge Elimination System Permit Renewal and
Amendment for Fiscal Year 18/19
• Phase II: General Regulatory Support
• Phase III: Multi-Sector General Permit Regulatory Support
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 Renewal and
Amendment for Fiscal Year 18/19
The renewal and amendment processes for each of the CLIENT'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 TPDES permits for the
CLIENT's wastewater treatment plants (WWTPs) 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), except for ongoing permitting services for the
New Broadway Wastewater Treatment Plant (NBWWTP). It is anticipated that the
amendment of the NBWWTP permit will still be underway in FY18/19.
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.
AMENDMENT 4
RENEWAL 3
Page 1 of 6
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
relevant VWVfP 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.
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. In the case of the
NBVVVVfP amendment, other relevant attachments include map and list of adjacent
landowners, design calculations/comparison to design standards.
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.
AMENDMENT 4
RENEWAL 3
Page 2 of 6
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.
This scope is based on one draft permit review cycle for permit renewals and two cycles for
the NBWWTP amendment. If additional cycles of draft permit review are required to
complete the permitting process, it may be necessary to amend the scope and budget. The
ENGINEER will inform the CLIENT if a modification of the scope and/or budget are
necessary.
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 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 will be performed at the direction of the CLIENT and 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.
AMENDMENT 4
RENEWAL 3
Page 3 of 6
•
• 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.
• Assisting the CLIENT with review of TCEQ inspection reports, responses to TCEQ
correspondence related to the wastewater treatment plants, or other related actions from
regulatory agencies.
• Assisting the CLIENT with other planning, design, or other issues related to regulatory
compliance within the CLIENT's wastewater collection or treatment system.
The ENGINEER will only provide these services as requested and directed by the CLIENT.
Phase II 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 at the request
of the CLIENT.
Phase III: Multi-Sector General Permit Support
As directed, the ENGINEER will assist the CLIENT with continued implementation of the
MSGP and associated Storm Water Pollution Prevention Plans (SWPPPs) for each
wastewater treatment plant. Such activities will be at the direction of the CLIENT, and may
include, but are not limited to, the following:
• Providing updates to SWPPPs, as needed
• Providing training to wastewater staff regarding storm water management basics,
compliance with the MSGP and SWPPP, monitoring techniques and requirements,
and other relevant topics.
• Providing assistance with permit-required storm water facility inspections.
• Providing assistance with monitoring storm water events..
• Providing coordination with TCEQ regarding regulatory issues or alleged violations of
the MSGP.
• Providing coordination with the CLIENT's Municipal Separate Storm Sewer System
(MS4) permit requirements.
• Assisting with planning, design, or other issues related to stormwater regulatory
compliance.
The ENGINEER will provide these services as requested and directed by the CLIENT. 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 at the request of the
CLIENT.
AMENDMENT 4
RENEWAL 3
Page 4 of 6
•
II. SCHEDULE
Because the TPDES permits for the six plants expire at unique times, the applications that must be
submitted for routine renewals are likewise due at different times (i.e., six months prior to permit
expiration). In the case of an amendment of a TPDES permit, the schedule is determined with the
CLIENT. The ENGINEER will prepare permit renewal applications and amendment applications
(i.e., Phase I, Activity A services) according to the following schedule:
Anticipated Start Date for
Preparation of the Anticipated Application
Plant Application Submission Date
Allison No permitting work anticipated during FY18/19 at this time.
Greenwood Permit processing underway at this time. Initial work on the renewal
application began under Amendment No. 2 for this contract.
Laguna Madre May 1, 2019 October 3, 2019
New Broadway* Permit amendment underway at this time. Initial work on
preparation of the application was incorporated into the FY16/17
contract amendment(Amendment No. 2)for this contract.*
Oso Permit amendment underway at this time and covered under a
separate contract.
Whitecap July 1, 2019 January 1, 2020
*An amendment for the NBWVVTP was not originally anticipated for Amendment No.2; but was requested in September
2017 by the CLIENT.Adjustments to the scope were made to Amendment No.2 by shifting budgets for phases in order to
cover the preparation of the permit application for the amendment.
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
Allison Complete FY 17/18 Complete FY18/19
Greenwood Complete FY16/17 Complete FY18/19
Laguna Madre Renewal FY18/19 FY18/19 & FY19/20
New Broadway Major Complete FY 17/18 Complete FY18/19
Amendment
Oso Major Amendment Not anticipated at this time (under separate contract)
Whitecap Renewal FY18/19 and FY 19/20 FY19/20
Phase II services do not have a specific contract schedule as they are provided on an as needed
and as-requested basis.
Phase III services (e.g., assistance with training, inspections, monitoring, etc.) do not have a
specific contract schedule as they are provided on an as-requested basis.
AMENDMENT 4
RENEWAL 3
Page 5 of 6
III. FEES
The anticipated budget for FY18/19 is based on the required schedule for the year, which includes
the following:
• Continued TPDES permit processing support for NBWWTP, Greenwood WWTP, and
Whitecap WWTP (Phase I, Activities A and B services)
• A budgeted amount for general regulatory support (Phase II services)
• Continued stormwater permit support for all six plants (Phase III services)
The FY18/19 budget (i.e., the third amendment to the original contract) is as follows:
Phase I Services (TPDES Phase II
Permitting Services Phase Ill
(General Services
Regulatory (General Permit
Plant/System Activity A Activity B Support) for Stormwater)
Allison -- --
Greenwood -- $ 8,000.00 $25,000.00
Laguna Madre -- $10,000.00
New Broadway $25,000.00 $ 4,000.00
Oso -- --
Whitecap $20,000.00 --
Systemwide Plants -- -- $58,000.00 $10,000.00
Phase/Activity Totals $45,000.00 $22,000.00 $83,000.00 $10,000.00
Amd. 4, Renewal No. 3 Total $160,000.00
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.
Future amendments to this contract to add BASIC SERVICES related to regulatory support for the
CLIENT's wastewater plants will be negotiated each year.
AMENDMENT 4
RENEWAL 3
Page 6 of 6
Sample form for:
Payment Request
COMPLETE PROJECT NAME AE Contract
Project No. XXXX Revised 02/01/17 •
Invoice No. 12345
Invoice Date 01/01/2017
Total Current Previous Total Remaining Percent
Basic Services: Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete
Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0%
Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0%
Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0%
Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0%
Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services:
Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0%
Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0%
Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0%
Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD
0 & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD
SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD
Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Summary of Fees:
Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00_ $1,500.00 $2,500.00 $5,750.00 30.3%
Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5%
Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00, $1,500.00 $3,000.00 $9,997.00 23.1%
Notes:
If needed, update this sample form based on the contract requirements.
If applicable, refer to the contract for information on what to include with time and materials (T&M).
-om
D) x
CO 7
CD 7
o w
EXHIBIT C
Insurance Requirements
Pre-Design, Design and General Consulting Contracts
1.1 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.
1.2 Consultant must furnish to the Director of Engineering Services with the signed
agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable to the
City's Risk Manager. 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
PROFESSIONAL LIABILITY $1,000,000 Per Claim
(Errors and Omissions)
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.
1.3 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.
1.4 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.
1.5 In the event of a change in insurance coverage, Consultant shall be required to
submit a copy of the replacement certificate of insurance to City at the address provided
below within 10 business days of said change. Consultant shall pay any costs resulting
1 Rev 04/17
Exhibit C
Page 1 of 2
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
1.6 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:
1.6.1 If the policy is cancelled, other than for nonpayment of premium,
notice of such cancellation will be provided at least 30 days in advance of
the cancellation effective date to the certificate holder;
1.6.2 If the policy is cancelled for nonpayment of premium, notice of such
cancellation will be provided within 10 days of the cancellation effective date
to the certificate holder.
1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall notify City of such lapse in coverage and 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.
1.8 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 withhold any payment(s) if any, which
become due to Consultant hereunder until Consultant demonstrates compliance with the
requirements hereof.
1.9 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.
1.10 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.
1.11 It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2 Rev 04/17
Exhibit C
Page 2 of 2