HomeMy WebLinkAboutC2009-373 - 8/26/2009 - NAFIRST AMENDMENT
TO THE
NAISMITH AGREEMENT
AGNES STREET
Phase IV
This first amendment ("First Amendment") is made by and between the City of Corpus
Christi ("City") and Naismith Engineering, Inc. ("Naismith").
WHEREAS, the City and the Naismith executed an agreement ("Agreement"), which
requires Naismith to complete Phase IV environmental sampling work and submit
necessary documentation to the Texas Commission on Environmental Quality ("TCEQ")
on behalf of the City for two parcels of property located on Agnes Street, as such
properties are specified in the Agreement;
WHEREAS, the TCEQ is requiring additional sampling and field work to be completed
on this project; and
WHEREAS, the parties desire to execute this instrument to express their mutual desire
to revise the applicable provisions of the existing Agreement to recognize the additional
duties and associated expenses.
Section 1. Section 3, entitled "Services," is amended by adding a new subsection "D"
to read as follows: "Naismith shall perform the additional delineation work stated in Ex-
hibit "D," which exhibit, dated July 30, 2009, and its provisions are incorporated into this
Agreement by reference as if set out in its entirety." A copy of Exhibit "D," consisting of
three pages, is attached to this First Amendment.
Section 2. Section 4, subsection A, of the Agreement is amended by deleting the
amount "$33,712.00" and inserting the amount "$46,028.00." The parties agree that the
costs associated with the performances required in Exhibit "D" total $12,316.00. The
parties further agree that any portion of the total compensation due, as such amount is
modified by this Section 2 of this First Amendment, which has already been paid for ser-
vices performed by Naismith is subject to setoff and reduction accordingly.
Section 3. By execution of this First Amendment, the parties agree to revise the re-
quired performance obligations of Naismith and associated compensation due for ser-
vices to be rendered. All terms, conditions, and covenants not changed by this First
Amendment remain the same and in full force and effect.
(EXECUTION PAGE FOLLOWS)
2009-373
08/26/09
Naismith Engineering ~}~~~~~
EXECUTED IN DUPLICATE, each of which is considered an original, on this the
day of ~ , 2009.
ATTEST:
~ ~J~-~
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
~'~oT~
`A ge R. Escobar
City Manager
APPROVED AS TO FORM: , 2009
~~~ f n~ ~/1~1 ~~
Elizabeth Hundley '
Assistant C y Attorney
for the City Attorney
NAISMITH ENGINEERING, INC.
Printed Name: /~2,,¢.Li, F• ~rrr+
Title: '~/sG,r~ t?R~ssa2~~
Date: ~~Za .~z.d o 9
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ~ /a 17`i D~ci~ r/ _, 2009,
by y-~2.a,-L~ E SY1~ ~~Tl~ of Naismith Engineering, Inc., a Texas
corporation, on behalf of the corporation.
( I
~~ No ry Public, State of Texas
Mr~a~s
t~~,tioto
EXHIBIT D
_ 1~aismithEnginec~r~ng,~nc
ENGIN€ERING ®~NVIRONMENTAL~ SURVEYING
ZSr.4~r 1SHE~ t9~-9
July 30, 2+D09
Mr. L?anel Gallegos, J'r.
City of Carpus Christi, Ct~rnmunty Develaptrtent
120.1 Leopard Street
Corpt~s,Christi, Texas. 7840.1
Re; Scope Change and Cast Incr,zase Rerle~est
Site Investigation and Assessment of Release at Former UST Location
.Former M&D Detail Facility, 2031 Agnes, St., Corpus Christi, Nueces County, Texas.
Dear Mr: Gallegos:;
As you are aware, the TCLQ has changed their rules and now requires all Leaking Underground Storage
Tank (LPSTj sites remedial activities to follow the 30 TAC 334 (LPST) rules rather than the 30 TAC 350
(TRRP) rules. The following scope change and project cost increase request is based on the Fax. Transmittal
from the TCEQ dated July 9, 2009 which provided directives to >~ransition the above referenced site back into
tlse LPST program. The scope. changes: addressed below wilt follow the order of the items listed in the above
referenced TCEQ fax.
Seon+e'Chan~c
Item I: NEI shall complete the Plan A Risk Assessment format in accordance with the Part 334 rules. All
previously compiled data used to complete the APAR will be used.to complete the Plan. A Risk Assessment
format, including the recently completed additional delineation.
Item 2: -The offsite delineation {installation and sampling of 4 additional monitor wells) had been cotpleted
prior to the receipt of the TCEQ fax. These data ~~~ill be incorporated into the Plan A Risk Assessment and
will be submitked within the 60 days pending expeditious modification of tl~e contract by the City.
Item 3: I provided a cursory review of the Release Determination Report prepared by the. Mid Walley
Construction Co. As we discussed, they should complete Section B -Suspected Release information (page
4), Section C -Confirmed Release lnformation (page 5), and Section F -Waste Dispo~itian (page 6). Either
the City should file the report v~~ith the TC1Q or have 11+1id Valley Construction Co: suli-mit the-:report on-
behalf of the City.
Item 4: -After the off-site monitor wells were uistalled; all of the monitor wells were sampled except NlW-2;
which has prestaitna(ly been destroyed. These data will be incorporated into the Plan A Risk Assessrrtent
report. No groundwater TPH values wcrc above the laboratory detection limits, therefore a PAH'.analyss of
the groundwater is not required.
Item 5: `l`TEI shall install a soil' boring. near MW-S fa collect the requested soil sample and have the TPH acid
PAH concentrations determined. In accordance with the LEST rule framework, a PAH analysis`is required
~~vhen soil TPH: concentrations in `the >C 12 - C28 range are :above laboratory detection litttits. This is not
necessarily a requirement under TRPP and therefore was riot done under the previously completed work: The
"1'Cl/(.2 requested That a YAH sample be collected from an additional dot boring if the previously collected.
TPH C12-C2$ soil sarttpleresult from MW-5 exceeded ttte TPH values of samples froth the [IST closure
process. ,I
~$~`~'
4501 Gollihar Road. -~Gorpcs~ Christi, ~`X 7841:1 ~! 800-677-2831 361-814-9900 Fax 361-814-4401. ^ nasmith-englneering:carn
Mr. Daniel Gallegos, Jr.
City of Cotpus Christi, Community Development
July 30, 2009
Page 2 of 3
Aciditionai scope changes that are not addressed within the TCBQ fax are as follows;
Item 6: NEI had to respond to a spill incident at the site when drums of purge water.were overturned by
vandals and leaked to the ground: NEl tnad~e a verbal report to the TCEQ, collected soil samples and have
prepared a written report to document the incident: Sample results indicated no remedial action was
necessary,
Item '7: NEI shall reinstall MW-2 that was apparently destroyed during recent completion- of roadway
modifications to l$`~ Street. Ibis well is the groundwater monitoring location betvveen the release and the
neighborhood south of the site. As we discussed, we spent considerable time and effort trying to locate MW-
2 thinking. that. it had only been covered by soil; however we have been unable to locate the welt.
S.chedule°
The `1`~EQ requested {Ttem 2} that tine submit the results of additional delineation within 60 days (by
September 7, 20Q9). I~'EI wiIl need authorization from the City by August 7, 2009 to meet this schedule:
This schedule is also contingent upon the driller being available sued there is no severe weather (tropical storm
or hurricane).
Billing
Billing forthis-work will be Lump Sutra. The following costs are provided for your perusal.
Personnel
Plan A Disk-Based Assessment keport $2> 140.OQ
Field Time $1,400.00
Survey $760.04
Locating M'W=2, responding to spill incident, '$2,670.00
Subtatat $6, 970.00
Analytical
FAIT {2 soii) $418.00
T1?H (2 soil) .'$121.04
BTEXIMTRE {2 soil) $121 A0
TPH (1 grater} :$61.00
BTEX/MTBE {1 water) $61.00
TPH {1 soil) spill response ce~nfirmation'sample $61.00
BTEX/MTBE (1 soil} spill response confirmationsample $61.00
Subtotal. ,~ 9UA.00
Wr-sie pspusxl
Soil (2: drums) $413.04.
Purge Water (55 gallons} 137.00
Subtotal $ SS0.00
Equipment
T..ow-flow Sampling 330.00.
Small Items 110.00
Subtotal $ 440.:00
Nimth Eng i~ee~ri ng,Inc.
ENSaINEERII`IG ~ ENYI'RUNMENfiALin 51,~IRVEYING
,~~,a~3
Mr. Daniel Gallegos, 3r.
City of Corpus Christi,-Community 3eveloprnent
July 30, 2009
Page 3 of 3
Drling
billing (1 soil boring}
Drilling.-:(one 2-inch Monitor Wells to 25')
Subtotal
Project Increase Total
~Z,o7a.oo
$1382.Od
~3, 452.00
$12,31.00
We will commence work within t'c~o weeks of receipt of the executed contract amendment. if you have
questions or need additional information, please give us a call at {361) 81.4-9900.
Sincerely,
NAISMITH ENGINEERING, INC>.
~~ ~
Terale3 E. Smith, P~"i:
Vice President
XP~.7863\Plan A1WOtk Scope Clwnge and Lose Increase Request - Cty_of Corpus G}a'isti Former MS:D netail Shop:dorx.
_, ~ ~ ~ ~a ismth E rig N nee~ri ~ J,T~c
k„ , ENGIN£~RIt+IG f:NVIRONM~N7pL SURVEYING
~~'3~3