AMENDMENT NO. 1 TO CONSULTING SERVICES
AMENDMENT NO. 1 TO CONSULTING SERVICES CONTRACT FOR ADDITIONAL SERVICES PROJECT NAME: Baseline Environmental Site Assessment for Maverick Terminals Site PROJECT NO. 17-020A This Amendment No. 1 to Consulting Services Contract for Additional Services (the "Amendment'') is made effective as of January 16, 2018 ("Amendment Date'') by and between the Port of Corpus Christi Authority of Nueces County, Texas, a navigation district operating under Article XVI, Section 59 of the Texas Constitution ("Authority''), and ATC Group Services, LLC. ("Consultant''). Authority and Consultant are sometimes individually referred to herein as a "Party" and collectively as the "Parties". WHEREAS, Authority and Consultant entered into a Consulting Services Contract dated as of September 11, 2017, in connection with completion of a Phase I Environmental Site Assessment and a Baseline Environmental Site Assessment (the "Agreement''); and WHEREAS, capitalized terms in this Amendment shall have the meanings given to them in the Agreement, except as provided herein; and WHEREAS, the Authority and Consultant have agreed (i) to expand the Services to be provided under the Agreement, (ii) to extend the Deadline for performing the Services, and (iii) to increase the compensation payable to Consultant under the Agreement; NOW, THEREFORE, for a good and valuable consideration, the Parties hereby agree as follows: A.
Exhibit A of the Agreement is hereby amended by adding thereto the additional services described Attachment A to this Amendment.
B.
Section 2 (PERIOD OF SERVICE) of the Agreement is hereby amended by amending the first sentence of Section 2 to read as follows: 2. PERIOD OF SERVICE: The Consultant shall complete the Services on or before March 31, 2018 (the "Deadline"), unless the Authority agrees to extend the Deadline for good reason; provided, however, that the Authority may tenninate this Contract at any time in accordance with Section 14.
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C.
Exhibit B of the Agreement is hereby amended by adding thereto the additional compensation described in Attachment B to this Amendment.
D.
Section 7 of the Agreement is hereby amended in its entirety to read as follows. Page 1 of 3
7. COMPENSATION: The compensation to be paid Consultant for providing the Services shall be the compensation described in Exhibit B hereto, which is incorporated herein by reference; provided, however, the total paid to Consultant for the Services shall not exceed Fifty-Nine Thousand Five Hundred Ninety Three Dollars ($59,593). Consultant will obtain the approval of Authority’s Project Representative relative to incurring travel and other expenses before incurring such costs. E.
This Amendment shall be binding on the successors and assigns of the Parties.
F.
Except as specifically amended hereby, all terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall control.
G.
This Amendment maybe executed in multiple counterparts, each of which will be considered to be an original. Signature pages may be detached from the counterparts and attached to a single copy of this document to physically form one document. The Parties may provide signatures to this Amendment by facsimile or Adobe “.pdf” file and such facsimile or Adobe “.pdf” file signatures shall be deemed to be the same as original signatures.
[The signature page follows this page.]
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In Witness Whereof, each Party has caused this Amendment to be executed by its duly authorized representative effective for all purposes as of the Amendment Date. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By:-------------1ohn P. LaRue Executive Director
A TC Group Services, LLC
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ATTACHMENT A SCOPE OF SERVICES The Consultant will perform the following additional services in accordance with the terms and conditions set forth in this Contract: Scope of Work: Consultant will conduct additional sampling to supplement the existing Baseline Environmental Baseline Assessment (ESA). This work will include advancing four soil borings within a ten foot radius ofSB04, as indicated on the attached Site Map. Each boring location will be hand-augured to a depth of five feet below ground surface and completed using direct push technology to a depth of one foot above the top ofthe saturated soils. The soil in each boring will be continuously screened for visual and olfactory evidence of petroleum hydrocarbons. A Photoionization Detector (PID) will be used to measure the concentration of organic vapors in each one foot interval. A maximum of three discrete soil samples from each boring location will be collected from the intervals exhibiting the highest PID reading and from just above the top of groundwater and submitted for laboratory analyses. In the absence of a PID reading, or other visual or olfactory organic vapor detection, a surface sample and the sample from just above the top ofgroundwater will also be collected. Each soil sample will be analyzed for total petroleum hydrocarbons (TPH) using Texas Method 1005 and thallium using Method SW6010B. The sample with the highest TPH concentration will also be analyzed for TPH using Texas Method 1006 and polynuclear aromatic hydrocarbons (PAH) using Method 8270c. Additionally, consultant will notify the laboratory and direct them on the three soil samples from the previous investigation that are to be analyzed for thallium using Method SW6010B. TPH samples are to be collected using Method 503 5. Soil cuttings are to be placed back in the boreholes. Debris such as personal protective equipment and sampling equipment will be properly disposed. Deliverables: Draft and Final Baseline ESA Reports summarizing all sampling activities and analytical results with comparisons to relevant Texas Risk Reduction Program concentrations and previous sampling efforts are to be provided in word and .pdfformat, respectively. Schedule: • •
Draft Baseline ESA Report due by February 16, 2018 Final Baseline ESA Report due by February 28, 2018
ATTACHMENT B FEE SCHEDULE
The Consultant will perform the Services described in Attachment A in accordance with the terms and conditions of this Contract on an hourly fee basis; provided, however, that the total fee for services rendered under this Amendment will not to exceed $9,600, without Authority's written approval.
Additional Soil Sampling to Assess Hydrocarbon Impact
Exhibit A of the Agreement is hereby amended by adding thereto the additional services described Attachment A to this Amendment.
B.
Section 2 (PERIOD OF SERVICE) of the Agreement is hereby amended by amending the first sentence of Section 2 to read as follows: 2. PERIOD OF SERVICE: The Consultant shall complete the Services on or before March 31, 2018 (the "Deadline"), unless the Authority agrees to extend the Deadline for good reason; provided, however, that the Authority may tenninate this Contract at any time in accordance with Section 14.
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C.
Exhibit B of the Agreement is hereby amended by adding thereto the additional compensation described in Attachment B to this Amendment.
D.
Section 7 of the Agreement is hereby amended in its entirety to read as follows. Page 1 of 3
7. COMPENSATION: The compensation to be paid Consultant for providing the Services shall be the compensation described in Exhibit B hereto, which is incorporated herein by reference; provided, however, the total paid to Consultant for the Services shall not exceed Fifty-Nine Thousand Five Hundred Ninety Three Dollars ($59,593). Consultant will obtain the approval of Authority’s Project Representative relative to incurring travel and other expenses before incurring such costs. E.
This Amendment shall be binding on the successors and assigns of the Parties.
F.
Except as specifically amended hereby, all terms and conditions of the Agreement shall remain in full force and effect. In the event of any conflict between the terms and conditions of this Amendment and the terms and conditions of the Agreement, the terms and conditions of this Amendment shall control.
G.
This Amendment maybe executed in multiple counterparts, each of which will be considered to be an original. Signature pages may be detached from the counterparts and attached to a single copy of this document to physically form one document. The Parties may provide signatures to this Amendment by facsimile or Adobe “.pdf” file and such facsimile or Adobe “.pdf” file signatures shall be deemed to be the same as original signatures.
[The signature page follows this page.]
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Page 2 of 3
In Witness Whereof, each Party has caused this Amendment to be executed by its duly authorized representative effective for all purposes as of the Amendment Date. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS By:-------------1ohn P. LaRue Executive Director
A TC Group Services, LLC
al
,,#, k By: Na�t\.l H.
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Page 3 of 3
C.l[
ATTACHMENT A SCOPE OF SERVICES The Consultant will perform the following additional services in accordance with the terms and conditions set forth in this Contract: Scope of Work: Consultant will conduct additional sampling to supplement the existing Baseline Environmental Baseline Assessment (ESA). This work will include advancing four soil borings within a ten foot radius ofSB04, as indicated on the attached Site Map. Each boring location will be hand-augured to a depth of five feet below ground surface and completed using direct push technology to a depth of one foot above the top ofthe saturated soils. The soil in each boring will be continuously screened for visual and olfactory evidence of petroleum hydrocarbons. A Photoionization Detector (PID) will be used to measure the concentration of organic vapors in each one foot interval. A maximum of three discrete soil samples from each boring location will be collected from the intervals exhibiting the highest PID reading and from just above the top of groundwater and submitted for laboratory analyses. In the absence of a PID reading, or other visual or olfactory organic vapor detection, a surface sample and the sample from just above the top ofgroundwater will also be collected. Each soil sample will be analyzed for total petroleum hydrocarbons (TPH) using Texas Method 1005 and thallium using Method SW6010B. The sample with the highest TPH concentration will also be analyzed for TPH using Texas Method 1006 and polynuclear aromatic hydrocarbons (PAH) using Method 8270c. Additionally, consultant will notify the laboratory and direct them on the three soil samples from the previous investigation that are to be analyzed for thallium using Method SW6010B. TPH samples are to be collected using Method 503 5. Soil cuttings are to be placed back in the boreholes. Debris such as personal protective equipment and sampling equipment will be properly disposed. Deliverables: Draft and Final Baseline ESA Reports summarizing all sampling activities and analytical results with comparisons to relevant Texas Risk Reduction Program concentrations and previous sampling efforts are to be provided in word and .pdfformat, respectively. Schedule: • •
Draft Baseline ESA Report due by February 16, 2018 Final Baseline ESA Report due by February 28, 2018
ATTACHMENT B FEE SCHEDULE
The Consultant will perform the Services described in Attachment A in accordance with the terms and conditions of this Contract on an hourly fee basis; provided, however, that the total fee for services rendered under this Amendment will not to exceed $9,600, without Authority's written approval.
Additional Soil Sampling to Assess Hydrocarbon Impact
