Ordinance No. 13,363ORDINANCE NO. 13,363
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH SKA CONSULTING L.P., FOR THE PUBLIC WORKS FUEL
TANKS PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN
AN AMOUNT NOT TO EXCEED THIRTY -SEVEN THOUSAND SIX HUNDRED
SIXTY AND N01100 DOLLARS ($37,660.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
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
Professional Services Agreement with SKA Consulting L.P., for the Public Works Fuel Tanks Project. 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 SKA
Consulting L.P., in an amount not to exceed THIRTY -SEVEN THOUSAND SIX HUNDRED
SIXTY AND NO /100 DOLLARS ($37,660.00) for professional services in accordance with the
amendment authorized in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately om and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative of of the City Council of the City of
Baytown this the 21 S` day of November, 2016.
ST PHE DONCARLOS, Mayor
ATT ,ST:
;:P AYTO W
L TIC BRYSCH, C> Clerk •
APPROVED AS TO FORM: `,
Co
ACIO RAMIREZ, SR., it Attorney
UcobSOIAegaP.Karen'•FileslCity Council'kOrdinances\201& November 21 I stAmendment2SKAConsulting4PWFuelTanksProject .doc
Exhibit "A"
FIRST AMENDMENT
TO THE
AGREEMENT FOR PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "Amendment ") to that certain "Agreement for Professional Services"
between the City of Baytown (the "City ") and SKA Consulting, L.P., dated September 29, 2016, is made
by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "City") and SKA Consulting, L.P.. a Texas limited partnership
(hereinafter the "Professional ") did enter into an Agreement for Professional Services associated with the
design, permitting of plans, construction oversight and regulatory interaction associated with the removal
and installation of aboveground storage tank ( "AST ") fueling systems at the Municipal Service Center,
2123 Market Street, Baytown, Texas 77520 (the "Center "), on September 29, 2016 ( "Agreement "); and
WHEREAS, the City desires the Professional to perform certain ground water assessments and
site closure at the Center; and
WHEREAS, the Professional's compensation under the agreement shall be increased by
THIRTY -SEVEN THOUSAND SIX HUNDRED SIXTY AND NO /100 DOLLARS ($37,660.00) for a
total of ONE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED ONE AND NO100
DOLLARS ($117,301.00); and
WHEREAS, Professional desires to perform the work specified herein in accordance with the
terms and conditions contained in this Amendment and the Agreement;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this First Amendment shall have the same meanings as in the Agreement.
Amendment.
2.01 Section 1 "Scope of Services/Professional Fees" of the Agreement shall be amended to
read as follows:
1. Scope of Services/Professional Fees
This Agreement authorizes Professional:
a. to perform design, permitting of plans, construction oversight and
regulatory interaction associated with the removal and installation of
aboveground storage tank ( "AST ") fueling systems at the Municipal
Service Center, 2123 Market Street, Baytown, Texas 77520 (the
"Center ");
First Amendment to the Agreement for Professional Services, Page 1
b. to obtain closure of the existing Leaking Petroleum Storage Tank
( "LPST ") case at the site from the Texas Commission on Environmental
Quality ( "TCEQ "); and
C. to perform groundwater assessment and site closure at the Center,
including monitoring well installation and providing quarterly
monitoring services.
(collectively the "Work ") for and on behalf of the City. The compensation for
Professional shall not exceed ONE HUNDRED SEVENTEEN THOUSAND
THREE HUNDRED ONE AND NO/ 100 DOLLARS ($117,301.00) and shall be
on the basis described in Exhibit "A." The time schedules for the Work are
attached as Exhibit "B." The scope of the work is as denoted in Exhibit "C."
Each of these Exhibits "A" through "C" is incorporated into this Agreement by
reference for all purposes.
2.02 Exhibit A shall be amended to read as follows:
EXHIBIT A
COMPENSATION
Basic Services
Services required and reimbursable expenses incurred under this Agreement shall not exceed
ONE HUNDRED SEVENTEEN THOUSAND THREE HUNDRED ONE AND N01100
DOLLARS ($117,301.00) based upon the schedule specified hereinbelow:
Task No.
Task
Fuel System Design
Total
Labor
$27,650
1
Rental & Materials
$ 1,573
Subcontractors
$ 5,882
Laboratory Analyses
-0-
Subtotal
$35,105
Fuel System Permitting
Labor
$4,480
2
Rental & Materials
$ 224
Subcontractors
-0-
Laboratory Analyses
-0-
Subtotal
$4,704
Additional Deliverables and City Progress Meetings
Labor
$6,620
3
Rental & Materials
$ 711
Subcontractors
-0-
Laboratory Analyses
-0-
Subtotal
$7,331
Construction Management
Labor
$15,790
4
Rental & Materials
$3,190
Subcontractors
-0-
Laboratory Analyses
-0-
Subtotal
$18,980
First Amendment to the Agreement for Professional Services, Page 2
Task No.
Task
Release Determination and Plan A Risk -Based Assessment Report
Total
Labor
$7,570
5
Rental & Materials
$ 392
Subcontractors
-0-
Laboratory Analyses
$ 874
Subtotal
$8,836
Contractor and Construction Progress Meetings
Labor
$4,100
6
Rental & Materials
$ 585
Subcontractors
-0-
Laboratory Analyses
-0-
Subtotal
$4,685
Source Area Monitoring Well Installation (3 wells)
Labor
$ 5,100
7
Rental & Materials
$ 900
Subcontractors
$ 5,900
Laboratory Analyses
$ 900
Subtotal
$12,800
Assessment Report Form Preparation
Labor
$4,085
8
Rental & Materials
$ 410
Subcontractors
-0-
Laboratory Analyses
-0-
Subtotal
$4,495
Quarterly Groundwater Monitoring
Labor
$ 5,900
9
Rental & Materials
$ 1,500
Subcontractors
$ 100
Laboratory Analyses
$ 1,400
Subtotal
$8,900
Annual Groundwater Monitoring Report and Well Abandonment
Labor
$ 5,900
10
Rental & Materials
$ 300
Subcontractors
$ 5,000
Laboratory Analyses
$ 265
Subtotal
$11,465
Grand Total
$117-301
Additional Services
Professional will perform additional services, if any, at a price agreed upon by the parties in
writing prior to the performance of such services. CITY shall not be responsible or liable for any
additional services performed by the Professional unless such additional services have been approved in
writing prior to the performance of the same.
2.03 Exhibit B "Schedule of Work" shall be amended to read as follows:
EXHIBIT B
SCHEDULE OF WORK
The Professional shall perform all of the services required herein within the time frame
listed hereinbelow:
First Amendment to the Agreement for Professional Services, Page 3
Task No.
Tasl�
DUe Date
I
Fuel System Design
80 calendar
days from
original notice
2
Fuel System Permitting
to proceed
3
Additional Deliverables and City Progress Meetings
Commensurate
with the
4
Construction Management
5
Release Determination and Plan A Risk -Based Assessment Report
bidding and
construction of
6
Contractor and Construction Progress Meetings
the Project
7
Source Area Monitoring Well Installation (3 wells)
60 calendar
days from the
date of this
8
Assessment Report Form Preparation
First
Amendment
9
Quarterly Groundwater Sampling and Testing
425 calendar days from the
date of this
10
Annual Groundwater Monitoring Report and Well Abandonment
First
Amendment
2.04 Exhibit C, Section B "Scope of Services" shall be amended to read as follows:
EXHIBIT C
SCOPE OF WORK
B. SCOPE OF SERVICES
Basic Services:
A. Generally:
There are currently three (3) 10,000 - gallon concrete- encased above - ground storage tanks
( "ASTs ") at the Municipal Service Center containing diesel fuel and/or gasoline. The replacement
AST fuel system for the Municipal Service Center will consist of (3) 10,000- gallon, single -
compartment, double - walled steel ASTs for diesel fuel and/or gasoline. All replacement ASTs
will be built to Underwriters Laboratories UL -2085 specifications for 2 -hour fire- rating, and
vehicular and projectile impact protection.
B. Basic Services:
The scope of services will include tasks required
➢ to design, to obtain proper permits, to provide construction oversight, and to engage in
regulatory interaction associated with the removal and installation of AST fueling
systems at the Center;
➢ to obtain closure of the existing Leaking Petroleum Storage Tank ( "LPST ") case at the
site from the Texas Commission on Environmental Quality ( "TCEQ "); and
➢ to perform groundwater assessment and site closure at the Center, including monitoring
well installation and providing quarterly monitoring services.
Task 1 - Fuel System Design:
First Amendment to the Agreement for Professional Services, Page 4
Upon written authorization from the City, Professional shall:
1. Consult and meet with the City to define and clarify the City's requirements for
the Project and to gather operational information on the existing facilities;
2. Identify, consult with, and analyze requirements of governmental authorities
having jurisdiction to approve the portions of the Project;
3. Design specifications and provide supporting bid documents for the removal and
installation of ASTs including fuel transfer systems at the Municipal Service
Center;
4. Develop the fueling facility plans and specifications in accordance with the
following:
a. National Fire Protection Association ( "NFPA ") Chapter 30;
b. National Electrical Code, Chapter 514
C. Petroleum Equipment Institute ( "PEI ") Recommended Practice 200; and
d. Applicable codes of the City;
5. Include the following equipment in the proposed plans and specifications:
a. Three (3) 10,000 - gallon, double - walled, impact resistant, UL -2085, steel
ASTs for diesel fuel and/or gasoline;
b. Three (3) 1 %2 hp submersible pumps with mechanical leak detectors;
C. Veeder Root TLS 350 automatic tank monitoring system including tank
gauges, interstitial monitoring, and sump sensors;
d. Three (3) new free standing remote fill boxes including new 3" remote
fill piping with check valves, ball valves, overfill alarms and Camlock
fittings;
e. One (1) APT transition sump inside of concrete berm including leak
sensor;
f. Six (6) new Gasboy or approved equal mechanical dispensers including
hoses, nozzles, hose retractors and stainless steel panels;
g. Six (6) dispenser sumps including associated hardware and leak sensor;
h. TRAK SentryGOLD fuel management system; and
i. Associated piping;
6. Ensure that the ASTs at the Municipal Service Center site will be equipped with:
a. Submersible fuel pump, an automatic tank gauging system for remote
inventory access and leak detection and
i. The fuel management and leak detection systems will be routed
to adjacent buildings per the City's direction.
b. Associated vents and a clock gauge;
7. Ensure that:
a. The ASTs will be labeled and placarded appropriately;
b. The fuel piping will be painted black steel where exposed above ground,
will be stainless steel inside the ASTs, and will be double - walled
fiberglass- reinforced plastic where underground;
C. Appropriate bedding will be designed for subgrade piping for each site;
First Amendment to the Agreement for Professional Services, Page 5
d. The proposed fueling systems will utilize existing electrical or
telephone /data service at the site;
e. Electrical loads and proposed wiring and breaker selections will be
included in the designs;
f. The electrical design will include remote access provisions for automatic
tank gauging, leak detection, and fuel control systems; and
g. The plans will call for the installation of a TRAK fuel management
system to include: two SentryGOLD, fuel island terminals with key
readers, installation, setup, training and warranty, and TRAK fuel
browser -based fuel management data migration service;
Include in the design extra conduits and piping in the plans for future work as
directed by the City;
9. Submit 30% bid documents within forty (40) calendar days of the notice to
proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City which
the Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 30% submittal;
10. Meet with the City's representatives to review and receive input on the 30%
design documents. Revise the 30% submittal in response to the City's comments
and incorporate such revisions in the 60% submittal;
11. Submit the 60% bid documents within fifty (50) days of the notice to proceed
issued for this phase of the Work, which will include plans, specifications,
calculations, schematic layouts, sketches and conceptual design criteria with
appropriate exhibits to indicate the agreed -to requirements, considerations
involved, and those alternate solutions available to the City which the
Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 60% submittal;
12. Meet with the City's representatives to review and receive input on the 30%
design documents. Revise the 60% submittal in response to the City's comments
and incorporate such revisions in the 90% submittal;
13. Submit the 90% bid documents within sixty (60) calendar days of the notice to
proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City which
the Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 90% submittal;
14. Meet with the City's representatives to review and receive input on the 90%
design documents. Revise the 90% submittal in response to the City's comments
and incorporate such revisions in the 100% submittal;
First Amendment to the Agreement for Professional Services, Page 6
15. Submit the 100% bid documents within seventy (70) calendar days of the notice
to proceed issued for this phase of the Work, which will include plans,
specifications, calculations, schematic layouts, sketches and conceptual design
criteria with appropriate exhibits to indicate the agreed -to requirements,
considerations involved, and those alternate solutions available to the City which
the Professional recommends. The Professional will also prepare and submit an
opinion of probable construction costs for the Project with the 100% submittal;
and
16. Meet with the City's representatives to review and receive input on the 100%
design documents. Revise the 100% submittal in response to the City's
comments and provide final bid documents to the City within eighty (80)
calendar days of the notice to proceed issued for this phase of the work.
Task 2 -- Fuel System Permitting:
The Professional shall:
1. Submit the 90% plans and specifications to the City's Planning and Development
Services Department for plan review and approval and
2. Obtain all necessary permits for the project within eighty (80) calendar days of
the notice to proceed.
Task 3 -- Additional Deliverables and City Progress Meetings
The Professional shall attend the following meetings:
1. Project kickoff meeting(s),
2. 30 %, 60 %, 90% and 100% completion meetings,
3. Pre -bid and preconstruction meetings, and
The Professional shall provide a summary of the minutes of these meetings and
distribute it to all parties.
4. Construction progress meetings.
The Professional shall provide a summary of the minutes of these meetings and
distribute it to all parties.
Task 4 -- Construction Management
The Professional shall:
1. Assist the City in advertising for and obtaining bids for the Work;
2. Answer questions and issue Addenda as appropriate to clarify, correct, or change
the Bidding Documents;
3. Consult with the City as to the acceptability of subcontractors, suppliers, and other
individuals and entities proposed by Contractor for those portions of the work as to
which such acceptability is required by the bidding documents;
First Amendment to the Agreement for Professional Services, Page 7
4. Conduct the pre -bid conference and prepare summary of pre -bid meeting minutes
for the project and distribute to all prospective bidders;
5. Attend the Bid opening, prepare Bid tabulation sheets, assemble contract
documents, assist the City in both evaluating bids or proposals, recommend award
to the City, as appropriate, and assist in awarding contracts for the Work;
6. Assist in connection with bid protests, rebidding, or re- negotiating contracts for
construction, materials, equipment, or services;
7. Assist the City in construction management of the Project, including contractor
selection, construction support, and start-up, including:
a. Submit a Construction Notification to the TCEQ;
b. Prepare the pre - construction meeting agenda, attend the meeting, and
prepare and distribute the meeting minutes;
C. Establish control and temporary benchmarks for locating the work which
in the Professional's judgment are necessary to enable Contractor to
proceed;
d. Review contractor submittals for compliance with the plans and
specifications and approve equivalents;
e. Issue necessary clarifications and interpretations of the contract
documents as appropriate to the orderly completion of contractor's work.
Such clarifications and interpretations will be consistent with the intent
of and reasonably inferable from the contract documents;
f. Recommend change orders to the City as appropriate, and prepare
change orders as required;
g. Provide site inspection during site preparation and installation of the
equipment and make visits to the site at intervals appropriate to the
various stages of construction to observe the progress and quality of the
work;
h. Recommend to the City that Contractor's work be disapproved and
rejected while it is in progress if, on the basis of such observations, the
Professional believes that such work will not produce a completed
Project that substantially conforms to the contract documents or that it
will prejudice the integrity of the design concept of the completed
Project as a functioning whole as indicated in the contract documents;
Perform inspections for final completion and establish a punch list of
items to be completed prior to final approval;
Recommend final approval of the Project; and
First Amendment to the Agreement for Professional Services, Page 8
k. Provide sealed, as -built plans to reflect any field changes to the approved
plans.
Task 5 -- Release Determination and Plan A Risk -Based Assessment Report
The Professional shall:
1. During the excavation of the pipe chase for the Municipal Service Center, collect
soil samples every 20 linear feet as part of a TCEQ Release Determination
assessment.
2. Analyze samples for benzene, toluene, ethylbenzene, and total xylenes (BTEX)
by Environmental Protection Agency (EPA) Method 8260B, and total petroleum
hydrocarbons (TPH) by Texas Method 1005.
3. Depending on TPH concentrations found, analyze soil samples polycyclic
aromatic hydrocarbons (PAHs) by EPA Method 8270C.
4. Prepare and submit a TCEQ Release Determination Report (RDR) and a Plan A
Risk Based Assessment Report to the TCEQ using these data and request site
closure for LPST case no. 119372.
5. Upon start-up, file a Petroleum Storage Tank registration with the TCEQ on
behalf of the City.
Task 6 -- Contractor and Construction Progress Meetings
The Professional shall prepare the construction progress meeting agendas, attend the
meetings, and prepare and distribute the meeting minutes.
Task 7 -- Permanent Groundwater Monitoring Well Installation and Sampling
The Professional shall install three (3) permanent groundwater monitoring wells (MW -1
through MW -3) on the subject property. The monitoring wells will be arranged in a
triangular pattern south of the ASTs and dispenser islands in an attempt to delineate the
horizontal extent of the identified groundwater impacts and to confirm the expected
groundwater flow direction toward Goose Creek. The permanent groundwater monitoring
wells will be completed on the subject property utilizing a drilling rig equipped with
hollow -stem augers and split -spoon core samplers. The Professional's personnel will
perform all drilling oversight and sampling activities. The soil sampler will be recovered
and the soil samples will be classified utilizing the Unified Soils Classification System
( "USCS "). To aid in the selection of soil samples ultimately submitted for laboratory
analysis, field screening of the soil samples for organic vapor concentrations will be
conducted using a photo- ionization detector ( "PID ") equipped with a 10.6 - electron volt
( "W') bulb calibrated to 100 parts per million ( "ppm") isobutylene. Equipment
decontamination will be continuously performed during all drilling activities in
accordance with applicable TCEQ, United States Environmental Protection Agency
( "USEPA "), and Occupational Safety & Health Administration ( "OSl IA") guidelines.
For example, soil sampling core barrels will be washed with Alconox detergent and
rinsed with potable water prior to the collection of each new soil sample.
The Professional's personnel will survey the elevation of the top of each monitoring well
casing. This elevation data is necessary to determine the groundwater gradient and now
direction beneath the subject property.
First Amendment to the Agreement for Professional Services, Page 9
Soil Sampling
The laboratory soil testing protocol for each permanent monitoring well will consist of:
o Testing of the soil sample with the highest PID field screening result.
If no significant PID field screening results are reported for any of the soil samples
collected, soil samples exhibiting possible adverse environmental impacts based on visual
(or other) observations may be analyzed in the testing laboratory. The Professional will
collect additional soil samples at other intervals within the soil column (i.e., soil sample
from the near surface and/or terminal depth of the boring); however, these soil samples
will be placed on a "Hold" status in the testing laboratory pending the results of the initial
soil testing results. If these additional soil samples require analytical testing, additional
unit rates for laboratory testing (not included in this Cost Estimate) will apply. However,
approval from the Client will be obtained prior to performing any additional analytical
testing. Excess soil cuttings generated during the installations of the soil boring and
permanent monitoring wells will be placed in sealed and properly labeled 55- gallon
drums temporarily stored on the subject property.
Groundwater Sampling
The Professional will determine the completion depth and screen interval for each
permanent monitoring well in the field based on the soil type and field observations. The
total depth for each permanent monitoring well is expected to be no more than 25 to 30
ft -bgs. The permanent monitoring wells will be constructed of 2 -inch inner- diameter,
Schedule 40 PVC pipe, consisting of 0.010 -inch factory- slotted PVC screen and solid
riser pipe. The borehole annulus around the screened section will then be filled with
20/40 -grade silica sand to approximately 2 feet above the screened interval for a proper
filter pack. A 2 to 3 foot bentonite seal will be placed above the filter pack and the
remainder of the borehole annulus will be filled with an impermeable grout. Each
monitoring well will be surface completed with an 8 -inch diameter metal man -way
emplaced in a 2- foot -by -2 -foot concrete pad with a locking well cap.
Once installed, each permanent monitoring well will be checked for depth to water and
phase- separated hydrocarbons (PSH), if present, with an electronic oil /water interface
meter. The permanent monitoring wells will then be initially developed to remove the
fine particles from the well screen, filter pack, and surrounding formation. Prior to
collecting groundwater samples, a total of 3 to 5 well volumes of groundwater will be
purged from each permanent monitoring well utilizing a dedicated, disposable bailer.
Then each permanent monitoring well will be allowed to recharge and/or equilibrate to
near static conditions before groundwater samples are collected. The groundwater
samples will be collected from the permanent monitoring wells and placed into
appropriately preserved laboratory- supplied containers, labeled, and stored in an ice -
filled chest for preservation and delivery to the testing laboratory.
Groundwater generated from the development and purging of the permanent monitoring
wells will be placed in sealed and properly labeled 55- gallon drums temporarily stored on
the subject property. Additional costs for waste profiling/classification and off -site
disposal have been included in this proposal, but disposal will not be performed until
Task 11 of the project.
First Amendment to the Agreement for Professional Services, Page 10
Laboratory Analyses
The soil and groundwater samples collected from the soil boring and permanent
monitoring wells will be submitted for laboratory analysis to Xenco Laboratories ( Xenco)
located in Houston, Texas, which is a National Environmental Laboratory Accreditation
Conference ( "NELAC ")- accredited laboratory under the Texas Laboratory Accreditation
Program. All analyses will be performed in accordance with Environmental Protection
Agency ( "EPA")- approved methods referenced in Title 40 of the Code of Federal
Regulations (40 CFR) and/or "Test Methods for Evaluating Solid Waste,
Physical /Chemical Methods" ( "EPA SW- 846 "), except for total petroleum hydrocarbons
( "TPH ") which will be performed using Texas ( "TX ") Method 1005. Appropriate chain
of custody documentation will be maintained for all samples shipped to the testing
laboratory. Analytical testing for all of the soil and groundwater samples will be
performed in the testing laboratory on a standard 7 to 10 -day turn- around -time ( "TAT ").
Soil and groundwater samples will be analyzed in the testing laboratory for benzene,
toluene, ethylbenzene, and xylenes (`BTEX ") and methyl tert-butyl ether ( "MTBE ") by
EPA Method 8260B and for TPH by TX Method 1005. Based on the TPH analytical
results, further analytical testing for polyaromatic hydrocarbons (PAHs) by EPA Method
8270C may be warranted. The Professional has included costs for one groundwater
sample to be further analyzed for PAHs.
Task 8 - Assessment Report Form (ARF) Preparation
The Professional shall prepare and submit the required ARF. This task was contemplated
in Task 5. However, the addition of a groundwater assessment will increase the
complexity of the ARF from a soils -only ARF that was originally contemplated. In
addition, if groundwater concentrations in the permanent monitoring wells exceed the
LPST Action Levels, a Drinking Water Survey Report will be required by the TCEQ as
noted in the TCEQ letter of May 23, 2014.
Task 9 - Quarterly Groundwater Sampling and Testing
The Professional anticipates that the groundwater impacts will be limited to a dissolved -
phase plume and that there are no potential downgradient receptors. This dissolved -phase
plume can typically be closed under a natural attenuation scenario if the plume is stable.
The Professional will collect groundwater samples from each of the 3 (or 4 if the
additional contingent monitoring well was installed) permanent groundwater monitoring
wells installed in Tasks 7 and 8 for up to 3 additional quarters after the initial sampling
event. The groundwater samples will be analyzed for BTEX/MTBE by EPA Method
8021B and TPH by TX Method 1005. Up to one groundwater sample per quarter may be
additionally analyzed in the laboratory for PAH by EPA Method 8270C. Groundwater
elevation measurements will also be collected from each well and recorded for reporting
purposes.
Task 10 - Annual Groundwater Monitoring Report and Well Abandonment
The Professional shall compile the quarterly groundwater sampling and testing data into
an Annual Groundwater Monitoring Report together with a Site Closure Request Form
for submittal to the TCEQ. Upon receipt of TCEQ concurrence that no further actions are
required at the site, the three (3) permanent groundwater monitoring wells installed for
the LPST site investigations will be properly plugged and abandoned in accordance with
TCEQ regulations. A Final Site Closure Report will then be provided to the TCEQ
documenting well plugging activities.
First Amendment to the Aareement for Professional Services, Page 11
C. Additional Services:
The City shall not be responsible or liable for any additional services performed by the
Professional unless such additional services have been approved in writing prior to the
performance of the same. Professional will perform additional services at a price agreed upon by
the parties in writing prior to the performance of such services.
Entire Agreement. The provisions of this First Amendment and the provisions of the Agreement
should be read together and construed as one agreement provided that, in the event of any conflict
or inconsistency between the provisions of this First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control. Nothing contained in this First
Amendment shall be construed in any way to limit or to waive the City's sovereign immunity.
IN WITNESS WHEREOF, the parties hereto have executed this Amendment in multiple copies,
each of which shall be deemed to be an original, but all of which shall constitute but one and the same
amendment, this day of , 2016, the date of execution by the City
Manager.
CITY OF BAYTOWN
LI-A
ATTEST:
LETICIA BRYSCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
RICHARD L. DAVIS, City Manager
First Amendment to the Agreement for Professional Services, Page 12
PROFESSIONAL: SKA CONSULTING, L.P.,
a Texas Limited Partnership
BY: SKA, GP., INC., its General Partner
(Signature)
(Printed Name)
(Title)
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared , in
his/her capacity as of SKA, GP., INC., the general partner of
SKA CONSULTING, L.P., a Texas Limited Partnership, on behalf of such partnership
known to me;
proved to me on the oath of ; or
proved to me through his/her current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he /she executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of , 2016.
Notary Public in and for the State of Texas
R:`.Karen.Files' Engineering \Engineering AgreementsSKA Consulting\AST at Public Works First Amendment.doc
First Amendment to the Agreement for Professional Services, Page 13