Ordinance No. 14,713ORDINANCE NO. 14,713
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE AGREEMENT FOR
CONSULTING SERVICES WITH KIT PROFESSIONALS, INC., TO PERFORM
ADDITIONAL PROFESSIONAL SERVICES TO ACQUIRE AN AMENDED
TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM ("TPDES")
PERMIT ISSUED BY THE TEXAS COMMISSION ON ENVIRONMENTAL
QUALITY ("TCEQ") FOR THE NORTHEAST DISTRICT WASTEWATER
TREATMENT PLANT; AUTHORIZING PAYMENT BY THE CITY OF
BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-NINE THOUSAND FIVE
HUNDRED TWENTY-FIVE AND NO/100 DOLLARS ($39,525.00); AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and
directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Agreement
for Consulting Services with KIT Professionals, Inc., to perform additional professional services to
acquire an amended Texas Pollutant Discharge Elimination System ("TPDES") Permit issued by the
Texas Commission on Environmental Quality ("TCEQ") for the Northeast District Wastewater Treatment
Plant. A copy of said amendment is attached hereto as Exhibit "A" and incorporated herein for all intents
and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to KIT
Professionals, Inc., in an amount not to exceed THIRTY-NINE THOUSAND FIVE HUNDRED
TWENTY-FIVE AND NO/100 DOLLARS ($39,525.00) for professional services in accordance with the
amendment authorized in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 22°d day of April, 2021.
NDON CAPE ILLO, Mayor
TEST: oi eAY..... , rF
s
ANGELA CKSO , Interim Ci
C-2
APPROVED AS TO FORM: \_ OF
Ile,
KAREN L. HORNER, City Attorney
R:\Karcn Horncr\Documcnts\Filcs.Cuy Counci110rdinanccs\202I\Apnl 22\KIT4IstAmcndmcnt4TPDESPcrmit.doc
EXHIBIT "A"
Consulting Services Contract Amendment
TPDES PERMIT NEDWWTP
B E�
BAYTOWN
Date of Issuance: March 18, 2021 Amendment No: 01
Consultant: KIT Professionals. Inc. PO#: 1908328
Explanation:
This Amendment encompasses the following:
The existing agreement comprised of four tasks which have been completed. The fees for the tasks have not
fully been expended, and funds are desired to be re -allocated to new tasks to revise the plant permit (shown as
Item A below). The City is requesting that these unused funds be allocated towards new additional tasks
(shown as Item B below), which will include preparing reports and the plant permit amendment and renewal
and submittal to the Texas Commission on Environmental Quality (TCEQ) for approval.
The study and work efforts previously completed and the future permit amendment will allow the City to have
the permitted limits for effluent metal concentrations and loads revised for the Northeast District Wastewater
Treatment Plant. The remaining balance from Tasks No. 1-4 is a total of $16,172.00, and will be re -allocated
to reduce the cost for the additional Tasks No. 5-8. In addition to Tasks No. 5-8, there will be an increase to
Task No. 4 (reimbursables) to account for permit fees, required public notices, supplies, and delivery/postage
costs. Additional time is also being added to the contract, as process for permit amendment and approval may
be close to one year.
A. Description of Work (Prior Tasks)
1. Site -Specific TDS Concentration Determination
2. Water Effect Ratio Determination
3. Miscellaneous Services
4. Reimbursables
Total of Reallocated Funds
B. Description of Work (Additional Tasks)
4. Reimbursables
5. Prepare TCEQ TPDES Administrative Report
6. Prepare TCEQ TPDES Technical Report
7. Submit and Process TCEQ Permit Application
8. Communication, Correspondence, & Meetings
Total
Net Increase to contract:
Unused Funds
$ 11,563.50
$ 40.50
$ 4,568.00
$ 2,000.00
$ 16,172.00
Cost (Not to Exceed)
$ 7,325.00
$ 7,700.00
$ 13,600.00
$ 5,900.00
$ 5,000.00
$ 39,525.00
$23,353.00
Time
0 Days
0 Days
0 Days
0 Days
0 Days
Time
0 Days
57 Days
55 Days
255 Days
0 Days
367 Days
367 Days
Design 1 of 2 D6. Revised 04 20
EXHIBIT "A"
SeoaelSchedule: The additional scope of work and the schedule associated with the same, are attached hereto
as Exhibit "A" and incorporated herein for all intents and purposes.
Cost & Time Change Su_ mmarv:
Original Contract:
Previous Amendment(s):
Net increase (Item A less than Item B) for this
Amendment:
Revised Contract:
Cost (Not to Exceed), Lw
$ 61,826.00 486 Days
$ N/A N/A Days
$ 23,353.00 367 Days
$ 85,172.0 $U Days
Consultant agrees to perform change(s) included in this Contract Amendment foi the price and time indicated
The prices for changes included all costs associated with this Couttact Amendment.
No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work
included in the Amendment until tlus Amendment is executed
Unless a different meaning clearly appears from the context. words and phrase-, as used in this Amendment, the
terms and phrases as used herein shall have the same meanings as in the Agreement The provisions of this
Amendment mud the Agreement and all previous amendments. if any, shall be read together and construed as one
agreement piovided that, in the event of any conflict or inconsistency between the provisions of this Amendment
and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall
control This Amendment has been jointly negotiated by the parties hereunder and shall not be construed Against
a party hereunder because that party may have Assumed primary responsibility for the drafting of this Amendment
By this Amendment, the City does not consent to litigation or suit, and the City hereby expressly revokes any
consent to litigation that it may have granted by the terms of this Amendment. the Agreement of any other coutiact
or agreement of addenda, any charter, or applicable state law Nothing contained in this Amendment of in the
Agreement shall be construed in any way to limit or to waive the City's sovereign immunity.
The persons executing this Agreement hereby represent that each party has the full power and authority to enter
into and perform pursuant to this Amendment, and that each has been properly authorized and empowered to
enter into this Amendment.
t pon execution by all parties, the following changes identified for the Contract Value and/or Contract
Time shown, are made part of the Contract.
APPR ED APPROW-D:
/7
By. DatBy Date
RICHARD L DAVIS. City Manager
�LKJIL 14W11PAEAJ 1 �7, TF,08COW
V Pnu'ted to APPROVED S TO CONTENT:
'j- By, _ J� _- /� Dare•04/09i2021
Title FRA,\T: O. SIMON,F-AUX. JR . P E PwE Duvaor
APPROVED AS TO FUNDING:
By
Date -
VICTOR BROwvLEES Finance Dirmoz
Design 2 of 2 D6. Revised 04/20
EXHIBIT "A"
Exhibit "A"
Scope of Work
Introduction
KIT Professionals, Inc. (KIT) proposes to provide the City of Baytown (City) additional permitting
and compliance support services associated with Texas Pollutant Discharge Elimination System
(TPDES) permit issued by the Texas Commission on Environmental Quality (TCEQ) for the
City's Northeast District Wastewater Treatment Plant (NEDWWTP). KIT will assist the City with
development of an application for a major permit amendment with the objective of revising the
permitted limits for effluent metals concentrations and loads.
The NEDWWTP TPDES permit has low concentration and loading limits for effluent total copper
(Cu) and total zinc (Zn). Historically, total copper concentrations have periodically exceeded the
permitted limits. Based on a meeting in Austin and additional discussions with Texas
Commission on Environmental Quality (TCEQ) staff, it was determined that increasing the
discharge concentration limits can be accomplished by demonstrating that the concentrations
discharged are not harmful to aquatic life. Towards this goal, the City contracted with KIT to
conduct a Water Effect Ratio (WER) Study, which determined that NEDWWTP effluent more
effectively mitigated aquatic toxicity as compared to synthetic laboratory saltwater for copper,
suggesting that the calculated permit limits for total copper could be increased through a major
permit amendment.
The existing agreement comprises four tasks:
• Task 1 — Site -Specific Total Suspended Solids Concentration Determination
• Task 2 — WER Determination
• Task 3 — Miscellaneous Services
• Task 4 — Reimbursibles
Some funds allocated for Tasks 1 — 4 were unused in prior project efforts, and KIT requests that
these funds be reallocated to TPDES Permit Support, Amendment 1 tasks. For Amendment 1,
KIT proposes the following scope of services:
Scope of Services Tasks
5. Prepare TCEQ TPDES Administrative Report — Task includes development of the TCEQ
Administrative Report (TCEQ Form 10053) and the TCEQ Core Data Form (TCEQ Form
10400). These forms convey to the TCEQ administrative information regarding the utility, the
permitted facility, and the proposed permit application type. KIT will obtain data from the City
and complete these forms, which will be included in the permit amendment application
package to the TCEQ.
EXHIBIT "A"
6. Prepare TCEQ TPDES Technical Report — Task includes development of the TCEQ
Technical Report (TCEQ Form 10054). This form contains detailed information regarding
WWTP flows, treatment processes, wastewater quality, and effluent discharge approach,
and outfall location. These data information the quantitative aspects of the permit limit
calculations. KIT will obtain data from the City and complete these forms, which will be
included in the permit amendment application package to the TCEQ.
7. Submit and Process TCEQ Permit Application Documents — Task includes assembling the
final permit amendment application package and submitting all required documents to the
TCEQ. KIT will address any regulatory comments and provide permit application support
throughout the permit review process.
8. Communication, Correspondence, and Meetings — Conduct kick-off meeting and one
progress conference call to review draft application package. Provide meeting/call minutes.
Coordinate publication of Public Notice(s) and attend public meeting, if required by the
TCEQ.
Assumptions
This Scope of Work assumes the following:
• The TPDES permit application will be for a major amendment, and the listed application
fee is based on this application type.
• The objective of the major amendment is to obtain revised total copper concentration
and loading limits. However, the TCEQ may also make ancillary adjustment of the total
zinc limits as a result of the revision process.
• Requested data will be provided to KIT within three weeks of kickoff meeting.
• No additional NEDWWTP process modifications are being incorporated into the TPDES
permit application.
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