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HomeMy WebLinkAboutC2008-017 - 2/5/2008 - NA1 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NAISM1TH ENGINEERING, INC. THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: TS: This professional services agreement "Agreement" is entered into by and between the City of Corpus Christi, a Texas home -rule municipality ("City), acting through its City Manager or his designee ("City Manager"), and Naismith Engineering, Inc., a corporation organized under the laws of the State of Texas, acting through an authorized representative of the corporation ("Naismith"). Section 1. Engagement. The City engages Naismith to provide professional environ- mental consulting services for the City. Naismith must obtain, at its own cost, all licenses and certifications necessary to perform the services required under this Agreement. Section 2. Term. The term of this Agreement will commence upon the date of execu- tion by the City Manager. This Agreement expires upon receipt, by the Texas Commission on Environmental Quality ;{TCE }' , of the Affected Property Assessment Report "APA " by Naismith, as required under this Agreement, and payment by the City of Naismith 's invoice. Section 3. Services. (A) Naismith shall perform an affected property site assessment, in accordance with State and federal regulatory provisions, prepare an APAR in draft form for review by the City, and prepare and submit an APAR in final form to TCEQ no later than March 14, 2008, or such later date as TCEQ may approve in writing ("Services"). (B) Naismith mith shall perform the Services es with respect to the site and subject property outlined as the Garcia Art + Education Center area, located adjacent to the intersection of Agnes and 18I" Streets in Corpus Christi, Nueces County, Texas, particularly Lots 4 and 5, Block 5, of the Lawnview Subdivision ("Premises"), such Premises as further shown on Exhibit A, which exhibit is attached to and incorporated in this Agreement by reference as if fully set out in this document. (C) The parties agree that the Services provided include the activities proposed to be performed by Naismith as Task 1 and Task 2 only, which were included in the response submitted by Naismith to the City's request for proposals ("RFP Response"), such RFP Response being attached as Exhibit B and which is incorporated by reference into this Agreement as if fully set out in this document. The estimated project budget page of the RFP Response, which is listed as age " -10 -" of the RFP Response, is superseded for all ------- -rid replaced by the provisions of Exhibit C, which is attached to 2008 -017 02/05/08 Naismith Engineering s f this Agreement and incorporated in this Agreement. The Services include, but are not limited to, the following: (1) Obtain and review prior phase 1 and phase 11 environmental survey of the Premises. ] (2) Identify location of underground storage tank(s) and any other materials of environmental concern; document findings accordingly. (3) Perform soil borings and install, maintain, and remove monitoring test wells. Complete Tasks 1 and 2 in the RFP Response. Present all findings in a detailed APAR written report, supplemented Frith all utilized p pp� �upportin documentation utilized to prepare the written record, such as topographical maps, site maps, aerial and round -based h p oto r ap , soil analysis reports, sampling reports, and analytical data necessary to the proper completion of the APAR. Additionally, the APAR must include any findings of environmental concern re9arding the Premises that require qu re urther site assessment and consideration, as may be identified by Naismith during the performance of Services. Although Naismith may desire to submit draft pro9ress reports, a draft APAR must be submitted to the City for review prior to submission of the required final report. The final APAR must be submitted by Naismith, duplicate t in p sate or triplicate, as required by applicable regulations, to TCEQ no later than March 14, 2008, or such later date as TCEQ may allow in writing. Section 4. Compensation. (A) In consideration of Naismith's faithful performance of this Agreement and as full compensation for the professional Services performed pursuant to this Agreement, the City f , F shall pay Naismith a fixed fee not to exceed $22,733, as detailed in Exhibit C. Upon submission of the final APAR, Naismith f ith shall submit an invoice for Services performed. Within thirty days of submission of the invoice, the City shall pay Naismith for Services rendered. Section 6. Insurance. (A) Before the performance required under this Agreement can begin, Naismith shall obtain the types of insurance and coverage limits stated in Exhibit which exhibit is attached to this Agreement and incorporated in this Agree- ment b reference as if fully u set out herein. In the event that there is a conflict between the requirements of Exhibit D and the t lipesicoverages of insurance shown in Exhibit B, the provisions of Exhibit control to the extent of the conflict. Additionally, Naismith must deliver a copy of the certificate of insurance ('Certificate') p as proof that the insurance types and coverages required by Exhibit D have g � been obtained. Copies of Certificate must be submitted to the Risk Manager of the City of Corpus Christi Cisl Manager") er" and to the City's division representative responsible for administering this Agreement. Furthermore, for the term of this Agreement, Naimith must maintain in force all insurance required by Exhibit D. The Certificate must state that the risk Manager shall be given at feast 30 days notice of cancellation, material change in the overar g es, or intent not to Naismith Phase ID APAR Agmt Final 20080124.doc Page 2 of 7 renew any f the policies required under this Agreement, by certified mail. Additionally, the City of Corpus Christi must be named as an additional insured for liability arising from Naismith's ith' provision of Services under this Ag reement. (C) If the insurance company utilized by Naismith elects to use the standard ACORD form, the cancellation clause located on the bottom ri9ht of the ACORD form must be amended by adding the wording ` {materially changed or" between "be" and "canceled," deleting the words "endeavor t, and deleting the wording after "left." (D) Naismith ith must provide workers' compensation coverage through a licensed insurance company or through self - insurance obtained in accordance with Texas law. (E) Naismith must ensure that any and all subcontractors performing Services under this Agreement meet the insurance requirements of this Agreement. Section 6. Indemnification. To the extent allowed by Texas law, Naismith ("Indemnitor") shall indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") from and against any and all Iiability, damages, Losses, expenses, claims, suits, and causes of action to the extent caused by or arising out of any negligent acts or omissions or intentional or willful misconduct in connection with the performance of services under this agreement by Naismith, its employees, agents, successors, assigns, representatives, and subcontractors. Naismith covenants and agrees that, if the Indemnitees, or any of them individually, are made a party to any Iitigation involving Naismith and the services performed under this Agreement or in any litigation commenced by any party other than Na!smith and relating to this Agreement, Naismith shall, upon receipt of reasonable notice regarding commencement of litigation and at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees in all actions based thereon with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damages, losses, expenses, claims, suits, and causes of action. Section 7. Relationship. (A) Naismith will perform all Services as an independent contractor and will fur - nish the Services in its own manner and method and under no circum- stances or conditions will an agent, representative, employee, or subcon- tractor of Naismith be considered an employee of the City for any purposes or reasons whatsoever. Any agent, representative, employee, or subcontractor of Naismith assigned to perform Services under this Agreement shall be competent, capable, Naismith Phase 111APAR Agmt Final 200801 4.doo Page 3 of v qualified, and shall be duly licensed to perform the Services, if licensure is required by the State of Texas for performance of any portion of this Ag reement. Section 8. Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots, or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 9. Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by either party without the prior writ - ten consent of both parties to this Agreement. Subject to the foregoing, this Agreement shall be binding upon the City and Naismith, their successors, and assigns. Section 10. Non-Discrimination. Naismith shall not discriminate nor permit discrim- ination against any person or group of persons, as to employment or in the performance of Services under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take such action as the United States or the State may direct to enforce this non - discrimination covenant. Section 11. Compliance with Laws. (A) Naismith mith must comply with all federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its required performance under this Agreement. All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (C) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 12. Notice. (A) All notices, demands, requests, or replies provided for or permitted, under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; by deposit with an overnight express delivery service, for which service has been prepaid; or, by fax transmission. Notice deposited with the United States Postal Service in the manner described above will be deemed effective two business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one 1 business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon transmission with proof of delivery to the receiving party. All such communications must only be made to the following: Naismith Phase 111 APAR Agmt Final 20080124.doc Page 4 of 7 IF TO CITY: City of Corpus Christi Attn: CD Administrator P. 0. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3186 Office (361) 844-1740 Fax IF TO NAISMITH: Naismith Engineering, Inc. Attn: Terald E. Smith P. 0. Box 3099 Corpus Christi, TX 78463 -3099 (361) 814 -9900 Office (361) 814 -4401 Fax (C) Either party may change the address to which notice is sent by using a method set out above. Naismith shall notify the City of an address change within 10 calendar days after the address is changed. Section 13. Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed both parties to this Agreement by a person authorized to sign agreements on behalf of each party. Section 14. Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how Tong the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agree- ment. If any action by the Naismith requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. Any waiver or indulgence of Naismith's default of any provision of this Agreement will not be considered an estoppel against the City. It is ex- pressly understood that if, at any time, Naismith is in default in any of its conditions or covenants hereunder, the failure on the part of the City to promptly avail itself of said rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies, or the City may elect to terminate this Agreement on account of said default, following submission of a written default notice to Naismith. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 15. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdic- tion, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the Naismith Phase 111 APAR Agmt Final 200801 24.doc Page 5 of 7 definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. To the extent that any clause or provision is held iIleal, invalid, or un- enforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or un- enforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 16. Budgetary Appropriations. Naismith mith understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on July 31 of each calendar year, is subject to sufficient appropriations and budget approval providing for or covering this Agreement as an expenditure in the City's budget. The City does not represent to Naismith that said budget item will be actually adopted, the determination as to appropriations and expenses being within the sole discretion of the City's City Council at the time of adoption of the City's budget. If revenue funds are not appropriated for any individual • p the right to fiscal year following the execution of this Agreement, the City reserves g terminate this Agreement without notice and penalty. Section 17. Priority of Documents. In the event of a conflict between the require - ments set out in this Agreement and the RFP Response, the parties agree that the requirements set out in this Agreement take priority. Section 18. Entirety Clause. This Agreement and the attached and incorporated ex- hibits constitute the entire agreement between the City and Naismith for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to laisr ith's performance hereunder. (EXECUTION PAGE FOLLOWS) Naismith Phase 111APAR Amt Final 200801 4.doc Page 6 of 7 EXECUTfD IN DUPLICATE, each of which is considered an original, on this the day of -.a 2008. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: January 23, 2008 Eliza . -th F. Hundle Assistant City Attorney for the City Attorney NAISMITH ITH ENGINEERING, INC. By: it-.41,1 'LIR- Title: Vi;:C ?�7 Printed Name: Sorr 1-( Date: ! /�s4doB STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI e •'`ge K. Noe City Manager This instrument was acknowledged before me on `�- ISay\LL , 2008, by ck , an authorized rpresenta ve of Naismith Engineering, Inc., a corporation organized under the laws of the State of Texas, on behalf of the corporation. Notary Public, State of Teo s Naismith Phase 111 APAR Agmt Final 200801 24.doe Page 7 of EXHIBIT A • N ISMIT I ENGINEERING, INC. • ENGINEERING • ENVIRONMENTAL • SURVEYING CORPUS CHRISTI, maces SITE MAP 2031 AGNES STREET CORPUS CHRISTI, TEXAS EXHIBIT B City Of _Corpus -. Christi PROPOSAL FOR Affected Property Assessment Report (APAR) Block 5, Lots 4 and 5, Lawnview Subdivision Corpus Christi, Nueces County, Texas Prepared For City of Corpus Christi Community Development Corpus Christi, Nueces County, Texas Provided by -T--- ki. . I L NAISMI 'H ENGJN RING, Il C. E UI EERIN • ENVIRONMENTAL • (JRV . I CORPUS CHRISTI, TEXAS October 2007 PROPOSAL FOR Affected Property Assessment Report (APAR) Block 5, Lots 4 and 5, Lawnview Subdivision Corpus Christi, Faeces County, Texas Submitted October 2007 Naismith Engineering, Inc. Engineering • Environmental • Surveying TABLE OF CONTENTS PROPOSAL SUMMARY 2 INTRODUCTION POTENTIAL CONFLICTS OF INTEREST LICENSES, CERTIFICATIONS AND INSURANCE POLICIES NEI TEAM QUALIFICATIONS lay STAFFING 5 DISCUSSION OF SCOPE BACKGROUND TASK 1-- INITIAL PLUME DELIIEATION 7 TASK 2 - COMPLETION OF THE AFFECTED PROPERTY ASSESSMENT REPORT TASK 3 -- SUPPLEMENTAL DELINEATION IF NECESSARY) 8 PROJECT SCHEDULE PROJECT BUDGET 10 APPENDIX A 11 APPENDIX B 14 APPENDIX C 22 1 NEI Proposal - APAR Lawn i w Subdivision, Block 5, Lots 4 & 5 PROPOSAL SUMMARY Naismith ith ngineer ing, Inc. (NEI) is proposing to provide professional and technical geoscience engineering consulting services to assist the City of Corpus Christi Community Development Department by performing an Affected Property Assessment Report at a former underground storage tank (UST) site. This proposal includes performing the following scope of services. . Receive approval from off -site landowners to install soil boring/monitor wells, . Installation of initial five soil borings /monitoring wells; . Installation of supplemental soil borings /monitoring wells, if necessary; . Collection of soil and groundwater samples, and . Preparation of draft and final Affected Property Assessment Reports. NEI is very capable of assisting the City of Corpus Christi with this project and has performed numerous such investigations. NEI is a TCEQ registered Corrective Action Specialist (RCAS00003). NEI's staffing of engineers, scientists, surveyors and administrative staff give our company unrivaled capabilities in the South Texas area. We have been serving the South Texas Area since 1949. Mr. Terald E. Smith, P. G., the project manager for this project, is a Professional Geoscientist (License No. 1456, Geology), TCEQ licensed Corrective Action Project Manager CAPM 1 and a TCEQ Licensed On-site Supervisor ILP 4 for UST installations and removals. Mr. Smith has over 25 years of environmental compliance experience and has performed many Phase 1 and Phase I1 Environmental Site Assessements. TI has additional staff of licensed Professional Engineers and Geoscientist who are also TCEQ licensed Corrective Action Project Managers. NEI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 &. INTRODUCTION We are pleased to have the opportunity to submit this proposal for providing g oseien a and engineering services to the City of Corpus Christi Co mmunity Development Department. Our engineering and scientific staff has demonstrated expertise in environmental regulatory compliance, permitting, remedial activities, civil and structural engineering, surveying, construction management, and computer aided design. gn. NEI personnel have specific experience with the environmental compliance requirements of the TCEQ's Texas Risk Reduction Program 30 TAC 350) and Underground Storage Tank Program (30 TAC 334). The City of Corpus Christi, Community Development has federal grants to acquire the property located at the intersection of 18th Street and Agnes Street. In January 2006 a Phase 1 Environmental Site Assessment (ESA) was completed for the Garcia Arts and Education Center Area. The Phase I ESA report confirmed that a gasoline service station operated at the comer lot at the intersection of 18th Street and Agnes until 1975. The presence of two underground storage tanks (USTs) was also confirmed but the UST's are not longer in service and according to the owner the tanks are filled with water. The tanks have apparently never been r gistrat red with TCEQ. The Phase I ESA report recommend the performance of Phase II ESA to determine the level of contamination at the area. In August 2007 NEI conducted a Phase If ESA on the ro erb and confirmed that hydrocarbon on P p contamination levels were above the TCEQ Action Levels. Notification was made to the TCEQ on August 22, 2007. NEI subsequently conducted and submitted (9/20/2007) a Drinking Water Survey as required by TWC 26.408. Potential Conflicts of Interest NEI has no conflicts of interest with the City of Corpus Christi pertaining to this project. The City of Corpus Christi — Disclosure of Interensts form is contained in Exhibit A. Licenses, Certifications and Insurance Policies The corporate and individual qualifications found in Appendix B contain a total list of licenses and certifications for each of the proposed project personnel. NEI is a TCEQ registered Corrective Action Specialist (RCAS00003). The following list summarizes those licenses and certifications which are held by various individuals. The required Certificates of Insurance are contained in Pp endi C. • Professional Engineers, Texas and various other states • Professional Geoscientists, Texas • OSHA 40 Hazwhopper • MS HA Experienced Miner • Certified Wetland Delineator • Certified Environmental Professional • Certified Environmental Inspector • Naismith Engineering maintains the insurance meeting the requirements listed in the City of Corpus rp Christi Community Development Department RFP of $5,000,000 for Commercial General Liability (Policy No. TCP2 689791 o and CUP000000), Workers Compensation and Employers' Liability (Policy No. WC2068978275) and $ 1,000,000 Automobile Liability (Policy No. BUA2068978230) NEI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 & 5 NEI Team Qualifications Naismith Engineering, Inc. (NEI) is a full service, consulting civil and environmental engineering firm with its primary office in Corpus Christi. III has offices in Corpus Christi, Austin and Brownsville, Texas. NEI has been providing consulting services for the past 57 years. Our current principals have been leading the company since 1989. Over the years, NEI has earned an unrivaled reputation for the quality of services we provide our municipal, industrial and commercial clientele. Our success is exemplified by a large and expanding repeat client base directly linked with the experience and working knowledge of our registered engineers, licensed professionals and support staff. We operate on the principal that client satisfaction is the key to building a successful consulting organization. Naismith Engineering, Inc. was founded in 1949 by Conrad S. Blucher and James S. Naismith. The Naismith ith name was, and remains, a nationally recognized name. Mr. Naismith's father, James Naismith, was the founder of basketball in Springfield, Massachusetts, and later the first inductee into the Naismith Basketball Hall of Fame, also located in Springfield. Mr. Blucher was the last of three generations of Nueces County Surveyors, a period that spanned from the mid 1800's to 1954. The name was synonymous with pioneering South Texas surveying. The Conrad Blucher Institute for Surveying and Science at Texas A & M University — Corpus Christi was dedicated in his name in 1 987. Today NEI is the leading civil, environmental, and surveying firm in the immediate South Texas area. Many of our engineers have worked not only on multi-disciplinary projects throughout Texas but also in other areas of the United States developing a keen sense of client needs, constraints, designs and working philosophies. NEI has extensive experience in all facets of civil environmental and surveying services from preliminary planning, cost esimtserrmitting, desi # n 'reparation of construction s and contract documents and construction managemerf, Our depth in experienced staff assures reliability and a rapid completion of work tasks unequaled by any Coastal Bend firm. It is our pleasure to submit this proposal to City of Corpus Christi Community Development Department, and it is our belief that our team is knowledgeable, qualified and can fulfill your requirements for this project. NEI Proposal - APAR L wnvi w Subdivision, Block 5, Lots 4 & 5 KEY STAFFING Mr. Grant Jackson, P.E. will be the Project Principal. Mr. Jackson has extensive experience in compliance reviews and audits, planning, permitting, design, and construction for a wide range of waste management and pollution control projects and environmental assessments and investigations, ,. Projects have included compliance audits, industrial solid and hazardous wastes management, site investigations and corrective action, underground and above ground storage tanks, waste unit design, and wastewater and storm water management. Mr. Jackson has provided expert testimony regarding solid and hazardous waste and indoor -air issues and is knowledgeable of QA/AC requirements for both field sampling and remedial construction. Mr. Terald E. Smith, P.C. will be NEI's Project Manager. He has over twenty -five years environmental compliance experience. Mr. Smith received a B.S. in Physics and a M.S.E. in Biology, and is a Licensed Professional Geoscientist (License No. 1456, Geology) and a Certified Environmental Inspector (CEI, #6192), certified by the Environmental Assessment Association. His environmental experience includes solid and hazardous waste management, site remediation, air and water pollution control, environmental health and safety audits, and environmental impact assessments. He holds a Texas Commission on Environmental Quality (TCEQ) UST A and B (Installer and Remover) license (1LP000046)and is a licensed UST Corrective Action Project Manager CAPM00152) Mrs. Theresa Finch, P.C. Project Scientists for NEI will assist with the project. Mrs. Finch has worked within the environmental community for the past 6 years. Fier environmental consulting experience includes industrial wastewater discharge permitting, industrial reclaimed water reuse authorizations, management of leaking petroleum storage tank sites in South Texas and she has performed numerous environmental site assessments on industrial, commercial, and residential properties as well as undeveloped lands. Mrs. Finch is licensed by the Texas Board of Professional Geoscientists as a Professional Geoscientist (PG 3398, Geology), and is also licensed by the TCEQ as a Corrective Action Project Manager (CAPM 1 563). She received ASTM certification for ESA Investigations in 2000 and is also a Certified Environmental Inspector (CH 77225) with the Environmental Assessment Association. Mrs. Finch received a BS degree in 1998 in Geography-Resource and Environmental Studies from Southwest Texas State University. Mr. Scot B. Collins has over five years experience in environmental site investigations, site remediation, air, water, and soil sampling, pollution control, and environmental site assessments. He is responsible for LPST site sampling and remediation at both private and industrial facilities; including allocation of resources, and project scheduling. Mr. Collins currently is part of a staff, which has been responsible for up to seventy concurrently active LPST sites. Mr. Collins has hand -on experience with the installation and operation of groundwater remediation systems. Remediation system experience includes Dual Phase Extraction consisting of oxidizers, air strippers, oil -water separators, groundwater depression pumps and also systems utilizing RSI internal combustion engines as treatment processes. Mr. Collins also is experienced with product only skimming pumps and various types of skimmers for product collection. Mr. Collins is very familiar with field and laboratory testing methods, their data and limitations. Mr. Collins has developed sampling strategies, been involved with soil borings and monitor well installation and is very knowledgeable of lithologic characterization, and proper soil and groundwater sampling methodologies, Mr. Collins has experience operating various types of field - testing equipment including interface probes, PI D, FID, and multi-gas analyzers, pH and water quality NEI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 & testing equipment. Mr. Collins has extensive experience in both Low Flow and bailer purge sampling methods. Mr. Collins has an Associates Degreee in Environmental Science from m Bee Copunty College and Bachelor of Science in Environmental Science with an emphasis in Geology from Texas A &M University — Corpus Christi. Mrs. Hubner has over three (3) years experience in the environmental field. She has been educated in the field of geoscience with courses in geology and geophysics. She has knowledge and experience in preparing and interpreting well logs, geologic cross - sections, groundwater gradient maps, geophysical surveys, and other graphics from field investigations. Mrs. Hubner has field experience in installing monitor wells, soil sampling, air sampling, groundwater sampling using low -flow and hand bailing methods, mobile dual phase extraction events, dual phase extraction remediation systems, mold assessments, and site investigations. She is familiar with the use of gravity meters, magnetometers, electromagnetic meters, PID meters, multi -gas meters, pH meters, turbidity /conductivity meters, and interface probes. Mrs. Hubner is skilled in compiling and analyzing geophysical survey data, groundwater gauging data, and analytical sample data, weather data, and Pori 1 o air monitoring data,. She is capable in preparing assessment reports, product recovery reports, OMP reports, groundwater monitoring reports, and other project specific reports. Mr. Quarles has over five years experience in the environmental field. He has successfully completed numerous groundwater sampling events using low -flow and hand bailing methods, monitoring well installations, mobile dual phase events, soil sampling, PSH removal, air sampling, site investigations, and wetland delineations. Mr. Quarles is very familiar with field and laboratory testing methods, their data usability and limitations. In addition, he has used PID meters, multi-gas organic vapor analyzers, OVM meters, PH meters, turbidity meters, interface probes, GPS, and water levels. Mr. Quarles is knowledgeable in the area of lithologic characterization, and proper soil and groundwater sampling methodologies and has experience with operating remediation and site field equipment, repairing equipment, measuring groundwater elevations, properly obtaining water, sampling and field readings of vapors, documenting field observations, and other various field sampling. He is also familiar with operation, troubleshooting, repair, and upgrade of remediation systems. Mr. Quarles has a Bachelor of Science in Environmental Studies from Texas A&M University — College Station and is currently persuing a Master of Science in Environmental Policy at Texas A&M University — Corpus Christi. Resumes for all proposed staff are included in Appendix B. NEI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 & DISCUSSION USSION of SLOP Background The City of Corpus Christi, Community Development has federal grants to acquire the property located at the intersection of 18th Street and Agnes Street. In January 2006 a Phase I Environmental Site Assessment (ESA) was completed for the Garcia Arts and Education Center Area. The Phase 1 ESA report confirmed that a gasoline service station operated at the corner lot at the intersection of 18th Street and Agnes until 1975. The presence of two underground storage tanks (USTs) was also confirmed but the UST's are not longer in service and according to the owner the tanks are filled with water. The tanks have apparently never been registered with TCEQ. The Phase 1 ESA report recommended the performance of Phase II ESA to determine the level of contamination at the area. In August 2007 NEI conducted a Phase 11 ESA on the property and confirmed that hydrocarbon contamination levels were above the TCEQ Action Levels. NEI subsequently conducted and submitted (9/20/2007) a Drinking Water Survey as required by TIC 26.408. Task 1 — Initial Plume Delineation NEI will install soil borings and monitor wells to better define the extent of contaminant migration from the source area(s). This initial effort may not fully delineate the contaminate plume and additional monitor wells may be necessary. Although the initial plume delineation effort may not establish a clean perimeter, it will allow us to define the groundwater flow direction and focus on the specific areas where further r delin ati n is necessary. Installation of additional soil borings and monitor wells, if necessary, would be completed as Task 2 of the Plume Delineation prior to completing the APAR. It is anticipated that off-site access will be required to `ull delineate the contaminant plume; City staff assistance may be necessary to obtain access to the necessary locations. A quirin ff -site access rn si nif ant1 affect the project schedule, 1. Installation of five soil borings to a maximum total depth of 25 feet, which will be completed as monitor wells. The monitor wells wilt be developed according to standard protocols. The monitor wells wilt be surveyed to determine horizontal position and top of casing elevation. 2. The cores from the borings will be field screened for potential hydrocarbon contaminants with an organic vapor analyzer (OVA) and the lithology shall be characterized using the Unified Soil Classification System. Three soil samples shall be collected from each location. 3. The soil samples will be subjected to the following suite of laboratory analysis: • Total Petroleum Hydrocarbon (TPH) — Indicator of hydrocarbon contamination, characterizing both molecular weight and total quantity of contamination, • Benzene, Toluene, Ethyl benzene and Xylenes (BTEX) and Methyl tent -Butyl Ether (MTBE)— Specific c compounds related to the release of gasoline, and 4. The monitor wells will be gauged to determine the groundwater elevation, which will be used to determine groundwater flow direction and gradient. Groundwater samples shall be collected from the five monitor wells using low -flow purging methods and analyzed for the same constituents listed above plus Total Dissolved Solids (IDS) — A general indicator of groundwater usability. NEI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 & 5 5. The sample results and g roundwatr gauging information wilt be evaluated to determine if additional delineation is necessary. Task 2 — Completion of the Affected Property Assessment Report The data acquired during Phase 1 and 2 will be compiled into the TCEQ APAR format (TCEQ-10325). Recommendations related to the any necessary remedial actions (Remedy Standard A or B) will be compiled along with preliminary cost estimates and consequences of pursuing either remedy standard. A draft of the APAR will be submitted for your review and any comments incorporated prior to transmittal to the TCEQ. Notifications to off -site landowners will be made as necessary in accordance with RG-366/TRRP17) Task 3 — Supplemental De inea ion r� (fnecessary) If it is determined from the Task 1 results that additional contaminant delineation is necessary, NEI will install p to an additional six monitor wells to complete the delineation process. These soil borings and monitor wells will be installed strategically based on the Phase 1 data. The soil borings and monitor well wilt be installed and sampled as discussed above. NI Proposal - APAR Lawnview ubdiviion, Block 5, Lots 4 & PROJECT SC DU The NEI Team can start immediately upon the City's authorization to proceed. The expected schedule is as follows. We believe the scheduled completion by November 15, 2007 would be difficult if not impossible to meet. Completing this project will require the acquisition of off -site access for the installation of monitor wells, which may extend the schedule significantly. Normally, The APAR is due 180 days after notification being made to the TCEQ, which would make the typical due date by February 2008. NEI will perform the APAR as expeditiously as possible; the schedule listed below represents our best effort to accelerate the schedule short of incurring additional expense for expediting sample analysis and the like. Activity Start End Task 1— Initial Plume Delineation Within 1 weeks of Within 3 weeks of authorization to proceed authorization to proceed Task 3 — Supplemental Plume Delineation if necessary) Within 3 weeks of authorization to proceed Within 6 weeks of authorization to proceed Task 2a — APAR Preparation (Draft) 1 Within 2 weeks of authorization to proceed Within 8 weeks of authorization to proceed 1 Task 2b — APAR Preparation (City Review) Within 8 weeks of authorization to proceed Within 9 weeks of authorization to proceed Task 2c — APAR Preparation (Final) Within 10 weeks of authorization to proceed Within 12 weeks of authorization to proceed DIET Proposal - APAR Lawnview Subdivision, Block 5, Lots JJ!MATED PROJECT BUDGET, The estimated project budget has been prepared based on the scope of work presented in the City of Corpus Christi Community Development Department Request for Consultant Services. Protracted off- site site access agreement process, actual required depth of soil borings/monitor wells and other issues may affect the final project budget. We propose to accomplish this project on an hourly charge rate basis in accordance with our standard hourly rates with third party deliverables being passed through with a ten percent 1% surcharge. Charges will be billed monthly and are due upon receipt of the invoice. The following cost is provided for your perusal. Task 1— Initial Plume Delineation Labor $3,630 Drilling $6,188 Laboratory Analyses $2,663 Other Expenses $1, 12 Task Subtotal $13,493 Task 2— APAR Preparation Labor $10,280 Other Expenses $960 Task Subtotal Estimated Project Total $11,240 $24,733 Task 3 — Supplemental Plume Delineation (if necessary) Labor $7,170 Drilling $7,425 Laboratory Analyses $4,295 Other Expenses $1 , 1 Task Subtotal $19 , 990 Estimated Project Total (including Task 3) $44,723 E_ITE IPR POSAL\APAR -- City of Corpus Christi Lawnview Block 5 Tots 4 and 5.doc APPENDIX A City of Corpus Christi — Disclosure of Interests CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS 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 the definitions for the Disclosure of Interest in Section 11 - General Information. COMPANY NAME: IlE: ismith Er ine ringdp , P. O. BOX: ■. O. Box 3099 STREET: 4501 oiiihar. Fed. CITY: or Iis Ct # ZIP: _ 78411 FIRM is: 1. Corporation XX :. 2. Partnership . Sole Owner 4. Association . Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a .separate sheet. 1. State the names of each ° "employee's 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) 2. State the names of each "official" f the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name NONE Title 3. State the names of each "board member' of the CIty of Corpus Christi having an "ownership interest" constituting or more of the ownership in the above named "firm." Name. r , Commission, or Committee 1 /46140C9PAI CA:SUM 14°)%1114/42e-t _OM.; Mast-it 4 k 1 4. State the names of each employee or officer :of a "consultant" for the City of Corpus Christi who worked o 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 "rm." Name NONE Consultant CERTIFICATE -.1 I certify that all information provided is true and correct as of the date o 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 dhristi, Texas as changes occur. Certifying Person: Definitions for the Disclosure of Interest Form Title: 46-44441--- a. "Board member." A ,member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, . Texas. b. "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. o. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, 1, 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 nonprofit organizations. d. "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. e. "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 terries of venture . or partnership agreements." f. " Consul nt.'1 Any person or firm, such as engineers and architects, hired . by the City of Corpus Christi for the purpose of professional consultation and recommendation. _1_ APPENDIX Qualifications of Company and Key Personnel 'hvz Ea filly ■ UMW NUM MIMS NEMII as ■ IrrYirlr =:■• �YrF 7�4! iYw/Y�j � 1iFir 1/4.4F3:1 itzt 4 NrIziV..- Num OMNI Mai .arr PPM. 1■r rrr� rrrr i i.rw4 rrri •rw OW.1 OWN IIRmE .w rrrO rrr� w■1 +.Mr+ 411 OMMIO•� i•Y/�1 ■ IMMO SIR rrr�F IMMIN YrrYrFi ■ Fwi immA •=1.! IiFFirf M■F 7S! �oY •d= MrrrF i11Yf frt+ri i =MN /YYF ■ irrr� alw4 .MiNW !at mrimia A111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111 TEXAS NATUPAL RESOURCE. CONSERVATION C JPSE7&c&Te cL4citon v &.az o t (NON-TRANSFERABLE) Ee koam-iSqi Naismith dc./tiiiiraraffite .nicelsa5i 74fa.it-Eine,414 a e ZET4 tzytediezz al an .,_,Z!,)A eatuatiae c o .5-;aeciati.li and de' 7xa a '&,zw&wn . &,mmwn anti may a 7 cottedierz action ffETVIC'El add& j2aZZ eX .. ate o aitE 3o , EZ:xa hthziia d 4:441fairiithratiCTE ecai, eL2164354,:� � ' " . � . eiTtificatz z ' . azzetAaaz, noi Teadzi aid . Tenezvel acaouling is taat. • sfegisization 916: eZetiz RCAS00003 January 24, 1995 _ t Execative Director TNRCe X WPM Title and Company Education Professional Registrations/Certifications Terald E. Smith, P.G. Sr. Project Scientist Naismith Engineering, Inc. Bachelor Science — Physics, 1977, Ouachita Baptist University Master of Science — Biology, 1979, Ouachita Baptist University Post Graduate Studies — Physics, Texas A&M — Kingsville Biology, Texas A&M — Corpus Christi Computer Science, Texas A&M — Corpus Christi Licensed Professional Geoscientist — Geology, State of Texas License No. 1456, 07/18/2003 LPST Corrective Action Project Manager, TCEQ License No.: CAPM00152, 09/09/1994 UST Installer/On-Site Supervisor, Installations and Repairs, TCEQ License No: ILP0046, 1991 UST Installer/On-Site Supervisor, Removals, TCEQ License No.: ILPOO o46, 1991 Certified Environmental Inspector, Environmental Assessment Association, Certificate No.: 6192, 1992 OSHA 40hour HAWPEI MSHA 8hour Mine Safety Training Experience Synopsis Mr. Smith has over twenty -five (25) years experience in solid and hazardous waste management, site investigation and remediation, air and water permitting and pollution control, environmental health and safety audits, and environmental impact assessments. He is responsible for the LPST program management; including allocation of resources, project scheduling and client contract administration. Mr. Smith currently manages the staff which has been responsible for up to seventy concurrently active LPST sites of which forty -six are still active. He is responsible for the technical review of all LPST reports that are submitted to the TCEQ and is responsible for the billing of the LPST projects to insure accurate and timely invoicing. Mr. Smith has hand -on experience with the installation and removal of U T systems as a Licensed On-Site Supervisor and is familiar with associated paperwork such as Construction Notifications, Tank Registrations, tank closure reports and Release Determination Reports. Mr. Smith has performed risk based site assessments under the PST rules 30 TAC 334), Risk Reduction Standards (30 TAC 335) and Texas Risk Reduction Program (30 TAC 350). Under these regulatory programs he has developed conceptual geohydrological models at numerous sites and has conducted fate and transport modeling. He has developed sampling strategies, installed countless soil borings and monitor wells and is very knowledgeable of lithologic characterization, and proper soil and groundwater sampling methodologies. Is& Smith has managed the performance of pilot studies, including dual phase extraction tests, pumping tests and slug tests, and has developed Corrective Action Plans for LPST and non -LPST sites based on these data. He has hands on experience with the installation and O&M of remediation systems, including equipment specification and procurement, and subcontractor bidding, selection and management. Mr. Smith is very familiar with field and laboratory testing methods, their data usability and limitations. Mr. Smith is familiar with MDPE techniques including the advantages and limitations of the various systems that are currently in use around the state. He is also familiar with the permitting (PI-7, TX G83 and city specific) requirements for mobile and stationary remediation system operation. Theresa R. Finch, P.G. Title and Company Project Scientist Naismith Engineering, Inc. Education Bachelor Science — Geography - Resource and Environmental Studies, 1998, Southwest Texas State University Professional Licensed Professional Geoscientist — Geology, State of Texas License No 3398, Registrations/ Certifications 08/31/2003 LPST Corrective Action Project Manager, TCEQ License No.: GAPM 1 3, 08/14/2002 OSHA 40hour HAWPR MSHA 8hour Mine Safety Training Experience Synopsis Mrs. Finch has over six years experience in site investigation and remediation and environmental impact assessments. She is responsible for the management of over twenty -five (25) active LPST sites. She is responsible for the technical writing and review of LPST reports that are submitted to the TCEQ for sites that she manages and is responsible for the billing of the LPST projects she manages to insure accurate and timely invoicing. Mrs. Finch has performed risk based site assessments under the PST rules TAC 334), Risk Reduction Standards (30 TAC 335) and Texas Risk Reduction Program (30 TAC 350). She has installed countless soil borings and monitor wells and is very knowledgeable of lithologic characterization, and proper soil and groundwater sampling methodologies. Mrs. Finch is also familiar with paperwork that is associated with activities such as Construction Notifications, Tank Registrations, tank closure reports and Release Determination Reports. Mrs. Finch has managed the performance of pilot studies, including dual phase extraction tests, pumping tests and has developed Corrective Action Plans for LPST sites based on these data She has hands on experience with the installation and O&M of remediation systems, including equipment specification and procurement, and subcontractor bidding, selection and management. Mrs. Finch is very familiar with field and laboratory testing methods, their data usability and limitations. Mrs. Finch is familiar with RSI APE technology that is used at some sites across the state. Mrs. Finch is also familiar with other types of stationary remedial systems in the Coastal Bend and Rio Grande Valley of Texas. She is also familiar with the PI-7 permitting requirements for mobile and stationary remediation system operation. Scot E. Collins Title and Company Environmental Scientist Naismith Engineering, Inc. Education Professional Registrations/Certifications Associates of Arts and Science — Environmental Science, 1998, Bee County College Bachelor of Science — Environmental Science (Geology), 2006, Texas A&M Corpus Christi OSHA 40 our HAZWOPER MSHA 8hour Mine Safety Training 4 hour Hydrogen Sulfide Safety (Basic Z390 Standards) Experience Synopsis Mr. Collins has over five years experience in environmental site investigations, site remediation, air, water, and soil sampling, pollution control, and environmental site assessments. He is responsible for LPST site sampling and remediation at both private and industrial facilities; including allocation of resources, and project scheduling. Mr. Collins currently is part of staff, which has g P s been responsible for up to seventy concurrently active LPST sites of which forty -six are still active. He is responsible for the management of four LPST sites. Mr. Collins has hand -on experience with the installation and operation of groundwater remediation systems. Remediation system experience includes Dual Phase Extraction consisting of oxidizers air stri pp er s, oil -water separators, groundwater depression pumps and also systems utilizing RSI internal combustion engines as treatment processes. Mr. Collins also is experienced with product only skimming pumps and various types of skimmers for product collection. Mr. Collins is very familiar with field and laboratory testing methods, their data and limitations. Mr. Collins has developed sampling strategies, been involved with soil borings and monitor well 11 installat ;on and is very knowledgeable of lithologic characterization, and proper soil and groundwater sampling methodologies. Mr. Collins has experience operating various types of field- testing equipment including interface probes, PID, FID, and multi-gas analyzers, pH and water quality testing equipment. Mr. Collins has extensive experience in both g purge sampling methods. Low Flow and bailer Mr. Collins has extensive knowledge of MDPE techniques including the advantages and limitations of the various systems that are currently in use around the state. He has conducted numerous MDPE events utilizing an RS1 internal combustion engine using vacuum enhanced extraction techniques. He is also familiar with the permittin g (PI-7, TX G83 , and city specific) requirements for mobile and stationary remediation system operation. TARA D. HUBNER Title and Company Environmental Scientist Naismith Engineering, Inc. Education Bachelor of Science — os i n : Geophysics — Texas Tech University — May 2004 Professional Registrations/Certifications 40 Hour Hazw p r — December 2004 Refresher Course — September 2006-2007 MS HA 24 Hour Miner — December 2006 -2007 Certified Medic First Aid Experience Synopsis Mrs. Hubner has over three years experience in the nvironmental field. She has been educated in the field of geoscience with courses in geology and geophysics. She has knowledge and experience in preparing and interpreting well logs, geologic cross- sections, groundwater gradient maps, geophysical surveys, and other graphics from field investigations. Mrs. Hubner has field experience in installing monitor wells, soil sampling, air sampling, groundwater sampling using low -flow and hand bailing methods, mobile dual phase extraction events, dual phase extraction r rn diation systems, mold assessments, and site investigations. She is familiar with the use of gravity meters, magnetometers, electromagnetic meters, PID meters, multi -gas meters, pH meters, turbidity /conductivity meters, and interface probes. Mrs. Hubner is skilled in compiling and analyzing weather data, PM 10 air monitoring data, geophysical survey data, groundwater gauging data, and analytical sample data. She is capable in preparing assessment reports, product recovery reports, OlvfP reports, groundwater monitoring reports, and other project specific reports. Robert T. Quarles Title and Company Environmental Scientist Naismith Engineering, Inc. Education Professional Registrations/Certifications Bachelor of Science — Environmental Studies, 2001, Texas A&M — College Station Masters of Science — Environmental Policy, Current, Texas A&M — Corpus Christi OSHA 40 Hour Hazwoper M HA 24 Hour Miner — December ember 2006 -2007 Certified Medic First Aid Experience Synopsis Mr. Quarles has over four years experience in the environmental field. He has successfully completed numerous groundwater sampling events using low -flow and hand bailing methods, monitoring well installations, mobile dual phase events, soil sampling, PH removal, air sampling, site investigations, and wetland delineations. Mr. Quarks is very familiar with field and laboratory testing methods, their data usability and limitations. In addition, he has used PID meters, multi -gas organic vapor analyzers, vii meters, PH meters, turbidity meters, interface probes, GPS, and water levels. Mr. Quarles is knowledgeable in the area of lithologic characterization, and proper soil and groundwater sampling methodologies. Mr. Quarles has experience with operating remediation and site field equipment, repairing equipment, measuring groundwater elevations, properly obtaining water, sampling and field readings of vapors, documenting field observations, and other various field sampling. Mr. Quarles is also familiar with operation, troubleshooting, repair, and upgrade of remediation systems. i APPENDIX C Certificate of Insurance A.CORDTM CERTIFICATE OF LIABILITY INSURANCE PROOLicER Phone : 3613582412 TOR InSUranCe Management P.O. BC 790. 110 E. Jones .' Beeville TX 781.04 -0790. INSURED .Naismitti Engineering. Inc. PQ Bolt 3.099 Corpus Christi TX 78463 COVERAGES HI Fax: 3613587403 THE POLICIES of INSURANCE .LISTED NOTWITHSTANDING ANY REQUIREMENT, EME T, CERTIFICATE MAY BE 'ISD OR MAY TERMS, , E CLUSION AND CONDITIONS ISR E V ED BELOW HAVE BEEN ISSUED TO TH E INSURED NAMED ABOVE FOR TTHE - OLIC PERIOD INDICATED. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE OF SUCH.POLICIES. AGGREGATE LIMITS. SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 3/18/2007 3./18/2008 G ENERAL AGGREGATE GEN%AG REGATE:LIMITAPPLIESPER :, :POLICY PRA LAC A I' AUTOMOBILE LIABILITY ANY AUTO 'ALL OWNED AUTOS. j seti hIREDAVTO NON -O NED UT BT A20 897 2 0 PROPORTY DAMA GE (Per de ) A IrO ONLY- EAACCIDENT EA •ACC WORKERS COMPENSA11ON. � ..EMPLOYERS' LIABILITy. ANY PROP'TORARTNER/EXEUTIVE .OFI=1ERIMEMBER EX= DEO? • If. L doaa# d • SPECIAL PROVISIONS below. oTHER Property Section Equipment. Flouter WC2068978275 3/18/2007 3/18/2008 CP 0 9781 0 3/18/2007 3/18/2008 EAa1 ACC DENT _ 1.: EL DISEASE - EA EMPLOYEE $ 181 10 0 E,L. DISEASE - POLICY LIJMT 'Buildings/cont ents 808300 Equipment 62195 DESCRIPTION OF OPERATIONS # LOCATION S! VEHICLES IEXCLU IONSADDEO BY ENDORSEMENT 1 SPECIAL PROVISION lankot Additional Insured od endor moment with regards to 'general liability and -a to liability and Blanket Waiver of ubrogation endorsement with regards to general liability, auto liability and worers compensation, both required by ritten contract but limited to -the. operations of the Insured: under said contract, and always subject to policy , terms, ()nations, and exclusions. Professional Liability C A Insurance 7/110.6 - 7/1/07 AE14254026537 $1,000.,000 per occurrence 000, 000 aggregate. : Phase 11 - Environmental Site Assessment Lots 4 & :5,; Block 5 of Lawn view ubd visi n, Corpus Christi, i, TX. CERTIFICATE HOLDER ER City of Corpus Christi Attn: Daniel Gallegos PO Box 9 7 7 Corpus Christi TX 754G9. -9277 ACORD 0110) CANCELLATION N SHOULD ANY OP THE ABOVE DESCRIBED F ti OLL I ES BE CANCELLED BEFORE THE EXPIRATION 1 Ar''['P THEREOF, TEE USULNG INgURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE O THE CERTIFICATE HOLDER QED TO THE LEFT, BUT FiILURE. TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OP ANY KIND UPON ,THE INSURER, ITS AGENTS OR RAP tESE TATXVES . AUTHORIZED. REPRO ENTATNE II • ...151fr c$ACORD CORPORATION 1 88 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the polioy I must be endorsed. A statement on this certificate does not confer rights to the certificate holder In lieu of such .. endorsement(s). If SUBROGATION IS WAIVED, subject to the terns and conditions of the polity, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) : DISCLAIMER The Certificate of .Insurance on the reverse side of this form ..does not constitute .a contract. between the issuing insurer(s), a ti on representative or produder, and the . certificate holder,: nor does it affirrnathoely or negatively amend, extend .. or alter the :coverage afforded by the policies listed thereon. A (2001108) A copy of our Certificate of Insurance is currently on file with the City of Corpus Christi with the following modifications ations as requested in the Attachment 13 of the Request for Consultant Services. • The City of Corpus Christi must be named as an additional insured on the General liability coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "let ". In lieu of modification of the ACORD D form, separate policy endorsements addressing the same substantive requirements are mandatory. . The na me of the project must be listed under "Description of Operations" • At a minimum, a 30-day written notice of cancellation, material change, non-renewal or termination is required. EXHIBIT C NI Proposal - APAR Lawnview Subdivision, Block 5, Lots 4 & 5 ESTIMATED PROJECT BUDGET rev. 11/1/2007 The estimated project budget has been prepared based on the scope of work presented in the City of Corpus Christi Community Development Department Request for Consultant Services. Protracted off - site access agreement process, actual required depth of soil borings /monitor wells and other issues may affect the final project budget. We propose to accomplish this project on an hourly charge rate basis in accordance with our standard hourly rates with third party deliverables being passed through with a ten percent 10% surcharge. Charges will be billed monthly and are due upon receipt of the invoice. The following cost is provided for your perusal. Task 1— Initial Plume Delineation Labor $3,630 Drilling $6,188 Laboratory Analyses $2,663 Other Expenses $1,012 Task Subtotal $13,493 Task 2— APAR Preparation Labor $8,840 Other Expenses X800, Task Subtotal �4 Estimated Project Total $22,733 Task 3 — Supplemental Plume Delineation (if necessary) Labor $7,1'70 Drilling $7,425 Laboratory Analyses $4,295 Other Expenses S1,100 Task Subtotal S19,990 Estimated Project Total (including Task 3) $42,723 E:ITESIPROPOSALIPAR -• city of Corpus Christi Lawnwiew Block 5 lots 4 and 3 - Revised I 1- 1- 07.doc EXHIBIT D INSURANCE CE RE UIREMEr TS CONSULTANT'S T'S LIABILITY INSURANCE A. Naismith Engineering, Inc. "Consultant" must not commence work under the Agreement until all insurance required herein has been obtained and such insurance has approved by the City. The Consultant m been pr must not allow any subcontractor to � commence rrk until all similar insurance required of the subcontractor has been obtained. must furnish to the City's Risk Manager and the department or division B. Consultant lmu ]� responsible for administering the Agreement with two (2) copies of Certificates tes in the following minimum coverage by insurance company(s) Insurance, showing acceptable to City's ' o the Cit 's F isl Manager. The City must be named as an additional general liability policy, and a blanket waiver of subrogation is required on insured on the g ]� all applicable policies. TYPE OF INSURANCE 30-Day written notice of cancellation, material change, non- renewal or termination is required on all certificates. Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors Professional Liability including: 1. Errors and Omissions Workers' Compensation Employers Liability MINIMUM INSURANCE CE C VERA E Bodily Injury and Property Damage $500,000 Combined Single Limit 1 ,000$000 Combined Single Limit Which complies with the Texas Workers Compensation Act and Paragraph 2 of this exhibit $100,000 C. in the event of accidents of any kind, the Consultant must furnish the Risk Manager with copies of all reports of such accidents within ten 1 days of an accident. II. ADDITIONAL REQUIREMENTS A. Consultant must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas sufficient to Department of Insurance. The coverage provided must be in an amount su. assure that all workers' compensation obligations incurred by � Consultant will be promptly met. Phase 2 Environmental assessment consultant's agreement ins. req. 6-7-06 ep Risk Mgmt B. Certificate of Insurance: The City of Corpus Christi must be palmed as an additional insured on the general liability coverage, and a blanket waiver of subrogation is required on all applicable policies. standard �l form, the cancellation If your insurance company uses the or" must amended by adding the wording "changed clause right) Mst "endeavor � deleting "be" "canceled", and deleting the words, endeavor to", are g between be and nano � .. D form, separate ply after "left ". In lieu of modification of the ACO l the wording endorsements addressing the same substantive requirements are mandatory. The name • the project must be listed under "Description of Operations" * At a �na� • 30-day written notice of cancellation, material change, nn- renewal or termination is required. .. does not show on its face the existence of the coverage C. If the Certificate of Insurance d � insurance company an authorized representative of the insura req�red b �terr� � .B 1� are included or • eifiall stating whether items 1.B. (1)-(5) r include letter specifically excluded. Phase 2 Environmental assessment consultant's agreement ins, req. 6-7-06 ep Risk Mgmt