HomeMy WebLinkAboutC2009-516 - 12/10/2009 - NASECOND AMENDMENT
TO THE
NAISMITH AGREEMENT
AGNES STREET
Phase IV
This second amendment ("Second 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 required additional sampling and field work to be completed on
this project, necessitating the execution of a prior amendment ("First Amendment") to
the Agreement;
WHEREAS, additional field work must be performed which includes the removal of
liquid waste products; and
WHEREAS, the parties desire to execute this instrument to express their mutual desire
to revise the applicable provisions of the existing Agreement and First Amendment to
recognize the additional duties and associated expenses.
Section 1. Section 3, entitled "Services," is amended by adding a new subsection "E"
to read as follows: "Naismith shall also perform liquid product removal as required by
State law and as outlined in Exhibit "E," which exhibit, dated November 11, 2009, and
its provisions are incorporated into this Agreement by reference as if set out herein in its
entirety. City shall be responsible for securing a storage site for the waste product and
for proper disposal of the removed product."
Section 2. A copy of Exhibit "E," consisting of one page, is attached to this Second
Amendment.
Section 3. Section 4, subsection A, of the Agreement is amended by deleting the
amount "$46,028" and inserting the amount "$49,028." The parties agree that the costs
associated with the performances required in Exhibit "E" total $3,000. The parties
further agree that any portion of the total compensation due, as such amount is modified
by this Section 3 of this Second Amendment, which has already been paid to Naismith
for services performed is subject to setoff and reduction accordingly.
Section 4. By execution of this Second Amendment, the parties agree to revise the re-
quired performance obligations of Naismith and the associated compensation due for
2009-516 All terms, conditions, and covenants of the Agreement not
12/10/09
vaismith Engineering
changed by this Second Amendment and the prior First Amendment remain the same
and in full force and effect.
XECUTED IN DUPLICATE, each of which is considered an original, on this the
day of ~~ C~~,- , 2009.
ATTEST:
Armando Chapa
City Secretary
CITY OF CORPUS CHRISTI
`An el .Escobar
City Manager
APPROVED AS TO FORM: , 2009
zabet R. Hundley -~
Assis t City Attorney
for the City Attorney
NAISMITH ENGINEERING, INC.
By: .~.~~.c~lel ~ ,
Printed Name: % r ~r4-c.4 ~ . ~,r- rrr~
Title: 1/sc.¢ I~hes~-n ~.T-
Date: 11~2.v 2ov ~
ACKNOWLEDGMENT
STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This instrument was acknowledged before me on ~VE/)'1-~~ ~U , 2009,
by T ts'~ALA £ _ Srr) tTl~ of Naismith Engineering, Inc., a Texas
corporation, on behalf of the corporation.
(seal)
,, ....._ "" ~a No ry Public, State of Texas
~'_ : _~ Mr roN ors
.;~„ r~ct, 2~, zmo
Janie alle os - : nitial Abatement of NA L or M& Detail Pa e 2
EXHIBIT E
»> "Sara Smelley" <SSmelley@naismith-engineering.com> 10/6/2009 3:38
PM »>
Olivia,
When I was on-site on September 28th gauging the wells, I noticed that
MW-10 has 2.78 feet of product in the well. So far, the free phase
has
not migrated to any other downgradient wells (i.e. MW-5). According
to
Chapter 334 Subchapter D: Release Reporting and Corrective Action,
owners or operators must remove the NAPL (non aqueous phase liquid) in
a
manner that minimizes the spread of contamination into previously
uncontaminated zones. To comply with these rules, we must begin
recovery of the NAPL as soon as possible. To accomplish this we will
need a contract amendment to cover eight weekly trips for hand
bailing,
disposal of product and producing a product recovery report ($3,000).
Upon amendment of the contract, there needs to be a secure place for
the
drum(s) that will contain groundwater and product, either a dog cage ;
style structure of if there is a secure area at the Garcia Arts
building. Since all the drums of soil were repeatedly turned over by
transients, we would have a much larger problem if a drum of product"
were to be turned over. ~"
<~
Furthermore, within 45 days of recovering the product a Product
Recovery
Report form must be submitted to TCEQ, unless otherwise specified by
TCEQ contact. I appreciate your quick response in this matter. Please
do not hesitate to call myself or Terry Smith if you have more
questions
on this matter.
Sincerely,
Sara E. Callender
Environmental Scientist
Naismith Engineering, Inc
4501 Gollihar Rd.
Corpus Christi,Tx 78411
(361) 814-9900
fax (361) 814-4401
CC: 'Terry Smith" <TSmith@naismith-engineering.com>