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HomeMy Public PortalAboutAmemndment No. 1 to Contract No. 135-2011IGINAL THIS AMENDMENT is made and entered into this 14 -k day of u ]c4 2012, by and between the City of Richmond, Indiana, a municipal corporation acting through its Board of Sanitary Commissioners, (hereinafter referred to as the "City"), and ATC Associates Inc., (hereinafter referred to as the "Contractor"). WHEREAS, City and Contractor entered into Contract Number 135-2011 on or about October 19, 2011 to provide certain professional services in connection with a waste oil and kerosene release at the City's Wastewater Treatment Plant; and WHEREAS, City and Contractor now desire to amend Contract Number 135- 2011, pursuant to its terms, to revise the scope of services to be provided by Contractor under this Agreement, and to further alter the compensation payable to Contractor for such revised services. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained, including the above stated recitals, City and Contractor hereby agree as follows: 1. SECTION I. STATEMENT AND SUBJECT OF WORK of Contract 135- 2011 will be revised as follows: Contractor agrees to provide those additionalservices described in its proposal dated June 12, 2012 and June 29, 2012, attached as Exhibit "B" =` hereto, consisting of eleven (11) pages, which is hereby incorporated by reference and made a part of this Agreement, according to the schedule provided in such Exhibit. Amendment 41 to Contract Number 135-2011 2. SECTION III. COMPENSATION of Contract 135-2011 will be revised as follows: City shall pay Contractor, for the additional services which are the subject of this Amendment, an additional sum not to exceed Fourteen Thousand Six Hundred Sixty -Three Dollars and Ten Cents ($14,663.10), on a time and materials basis pursuant to Contractor's rates contained in Exhibit "B," for performing all work described in Amendment # I to Contract Number 135-2011 in a satisfactory and proper manner. 3 City and Contractor expressly agree that all other terms, conditions and covenants contained in Contract Number 135-2011 shall be applicable to the work performed pursuant to this Amendment, unless such term, condition or covenant conflicts with this Amendment, in which case this Amendment shall be controlling. IN. WITNESS WHEREOF, the parties execute this Agreement effective the day and year first above written, although signatures may be affixed at different times. M*rw THE CITY OF RICHMOND, INDIANA by and through its Board of Sanitary Commissioners By: Richard Bodiker, President Date: APPROVER�-�XX�k arch L. Hutton, Mayor Date: 1711 21- ATC ASSOCIATES INC. By: Printed: Title:_ Date: ��4d� VYATC 7988 Centerpoint Drive, Suite 100 Indianapolis, IN 46256-3345 317-849-4990 Fax 317-849-4278 ASS O c 1 ATE S I N C. www.atGassociates.com Engineering Individual Solutions .tune 12, 2012 Mr. Jeff Lohmoeller Wastewater Treatment PIant City of Richmond Department of Sanitation 2380 Liberty Avenue Richmond, Indiana 47374 Re: Proposal for Groundwater Monitoring and Reporting Waste Oil and Kerosene Release Building #21 Municipal Wastewater Treatment Plant Richmond, Indiana IDEM Facility ID No. 22057 IDEM Incident No. 199905528 ATC Project No. 86.28891.0002 Dear Mr. Lohmoeller: In response to the Indiana Department of Environmental Management's (IDEM) No Further Action Denial and Request for additional Ground Water Monitoring letter, dated May 16, 2012, ATC Associates Inc. (ATC). is pleased to provide the Department of Sanitation for the City of Richmond (City) with this proposal to perform additional groundwater monitoring activities associated with the release from the aboveground storage tank .(AST), adjacent to Building *21, at the above -referenced property (herein referred to as the site). A copy of the IDEM letter is provided in Attachment A. The IDEM letter requested_ at least three more quarters of groundwater sampling events and associated reporting. This proposal includes the costs associated with the completion of three quarters of groundwater sampling and the preparation of quarterly monitoring reports, as well as additional activities associated with ATC's work towards closure of IDEM Incident No. 199905528. Descriptions of the tasks included in this scope of work are outlined below. SCOPE OF WORK Groundwater Sampling and Analysis and Quarterly Monitoring Reports ATC proposes to continue performing quarterly monitoring activities on the monitoring well network for the fmal three quarters of 2012. The monitoring well network is depicted in Egure 1, provided in Attachment B. The monitoring wells will be opened and allowed to equilibrate to atmospheric prossure before gauging. The monitoring well network will be subsequently gauged with an electronic water ATC Project No. 86.28891.0002 June 12, 2012 Page I EEEM-1BIT PAGE -0F [ Proposal for Investigation and Oversight Activities Municipal Wastewater Treatment Plant City of Riclunond. Indiana level indicator, which measures depth to groundwater to the nearest 0.01-foot. The water level meter will be decontaminated between uses by washing with a non -phosphate detergent and rinsing with de -ionized water. Nitrile sampling gloves will be worn during gauging and sampling, to be changed between wells to prevent the potential for cross -contamination. Following gauging, approximately three well volumes of water will be purged from each well prior to collecting the groundwater samples for laboratory analysis. Water level measurements purge calculations, and the actual purge amount will be recorded on a groundwater sampling log to be submitted with each report. For quality control purposes, a trip blank will be prepared and a duplicate sample will be collected from one of the monitoring wells at the site. A Level IV data quality package will be required for the final sampling event for IDEM data validation review. The samples will be placed in laboratorysample containers, which will be placed in an icc-filled cooler and submitted to Pace Analytical Services, Inc., in Indianapolis, Indiana for analysis of volatile organic compounds (VOCs) using United States Environmental Protection Agency (US EPA) SW-846 Method 8260, and carcinogenic polynuclear aromatic hydrocarbons (cPAHs) using US EPA'SW-846 Method 8270. Quarterly Monitoring Reports (QMRs) will be prepared fallowing receipt of groundwater analytical data. Each QMR will contain summary tables, site figures, a brief description of events related to. the site that occurred during the preceding quarter, and the laboratory certificates of analysis. The QMRs will also contain a completed Corrective Action Progress Report Form, and be submitted to the IDEM within 31 days following the end of the quarter. Project Coordination and IDEM Communication Costs have also been provided for facilitating site activities, communications with the IDEM, additional reporting, and coordinating with the City. ATC will also provide additional information to the IDEM pertaining to the project as warranted. With the submittal of the final quarterly monitoring report, assuming the data is acceptable, ATC will request IDEM ieview of the data for the incident and issue of NFA status. Abandonment of Monitoring Wells Three groundwater monitoring wells (MW-1 through. MW-3) will be abandoned following the completion of monitoring activities at the site and the IDEM granting NFA status for the incident. Abandonment activities will be overseen by a licensed well driller. As a part of the abandonment process, each protective cover and associated concrete pad will be removed. The well casing will then be removed to the extent practicable. The remaining casing and/or void space will be filled with bentonite to a depth approximately 12 inches below grade. Finally, the remaining volume will be filled with concrete, which will be finished flush to grade. Well Abandonment Report Following well abandonment, ATC will prepare and submit a Well Abandonment Report to the client and IDEM. This report serves to document completion of the incident. The report will ATC Project No. 86.28891.0002 June 12, 2012 Page 2 EXHIBIT —B —PAGE -OF-Li Proposal for Investigation and Oversight Activities Municipal Wastewater Treatment Plant City of Richmond, Indiana include field activities that were completed during monitoring well decommissioning along with photographic documentation and the completion of Indiana Department of Natural Resources Record of Water Well forms. PROPOSAL COST ESTIMATE The scope of this project includes investigation and oversight activities. ATC proposes to perform this project on a time and materials basis in accordance with the scope described in this proposal for a cost not to exceed $14,663.10. Previous purchase orders are considered closed by ATC; therefore, remaining funds budgeted for those purchase orders could be used to fund the completion of this work. Invoicing will be done progressively at milestones. '3-—��` ti9i,- e ate, Groundwater Sampling $3,396.00 Laboratory Analysis $3,405.60 QMR Generation and IDEM Submittal $3,944.00 Project Management and IDEM Communication $1,541.00 Well Abandonment Activities $1,330.50 Well Abandonment Report $1,046.00 Total Not to Exceed $14,663.10 Please acknowledge the scope of our proposal and the attached Terms and Conditions by completing the Proposal Acceptance Form in Attachment C. and returning an executed copy to ATC. Following receipt of signed authorization, we will schedule and begin work on the project. This proposal and any associated terms and -conditions are considered to be valid for a period of 90 days from the date above. We appreciate the opportunity to provide you with this proposal and look forward to continuing our work with you on this project. Please, call either of the undersigned at 317-849-4990 if you have any questions or comments about our proposal Sincerely, ATC Associates Inc. Kurt Graham, E.I. Jeffrey Timmons, CHMM #14657 Staff Engineer Senior Geologist Attachments ATC Project No. 86.28891.0002 Tune 12, 2012 Page 3 EXHIBIT tB PAGE ' I ! ' ATTACHMENT A IDEM Correspondence EXHIBiT._E_ PAGE q OF I f IDEM - INDIANA DEPARTMENT OF ENVIRONMENTAL MANAGEMENT We-'ratect Hoosiers and OsirEnviranment. �x Mitcheff R Dankh, Jr. 100 North Senate Avenue Govemor Indianapolis. Indiana 46204 (317)232-8603 Thomas W. Easterly Toll Free (WO) 451-6027 Commissioner www.ldem.IN.gov May 16, 2012 VIACERTIFIED MAIL Mr. Jeff Lohmoeller Maintenance Manager -Department of Sanitation City of Richmond 2380 Liberty Avenue Richmond, Indiana 47374 (765) 983-7464 Dear Mr. Lohmoeller: Re: No further Action Denial and Request for additional Ground Water Monitoring Municipal Wastewater Treatment Plant 2380 Liberty Avenue Richmond, Wayne County FID# 8002 LUST# 199905528 Indiana Department of Environmental Management (IDEM) staff has reviewed the report submitted for the Municipal Wastewater Treatment Plant located at 2380 Liberty Avenue in Richmond, IN for LUST # 199905528. The following document was reviewed. * Further Site Investigation.and No Further Action Request, prepared byATC Associates, dated January 9, 2012 Based on the review of the document submitted to IDEM, your request for a No further Action is denied. IDEM is also requesting additional ground water monitoring data for the release to determine the effects of seasonal fluctuation on groundwater quality. Comments 1. The request for a no further action is premature and cannot be granted at this time. Additional quarterly monitoring is needed to determine the effects of -seasonal fluctuations on the ground Water quality. At least three more quarters of ground water monitoring are needed. After the ground water sampling P" I-,P'j- AuEq-t0ppamrn1iyF-plopct P.'eycXrcyrfe C? pvBru R4GE 5 OFF Mr. Lohmoeller Page 2 of 2 events, a no further action request can be sent to IDEM for evaluation. Ground water monitoring reports should be sent to IDEM quarterly. You must begin to submit Quarterly Monitoring Reports (QMRs) to IDEM. To obtain an electronic copy of the QMR form, please call (317) 232-8900 or email LeakinaUS@Idem.[N.gov. for more information regarding document and data submittal guidelines, sampling and analysis requirements or technical information, visit the LUST Home Page at %vww.lN.qovTidem/4997.htm or contact the site project manager. Please submit all items to the following address: 67-18 Indiana Department of Environmental Management Remediation Services Branch Leaking 1 indarJround Storage T ank Section IGCN 1101 100 North Senate Avenue Indianapolis, IN 46204-2251 If you have any questions, please contact me at (317) 234-3306 or toll free from within Indiana at (800) 451-6027. I can also be reached via email at so nochie@idem.I N.gov. Sincerely, Stephen Onochle Environmental Manager Leaking Underground Storage Tank Section Office of Land Quality Ecopy: IDEM File Jeffery G Timmons, ATG Associates Indianapolis, IN 46256 EXHIBIT 9 PAGE � OF I i ATTACHMENT B Figure EXHIBIT PAGE -01-L _, x EXHBIT 3 PAGE S Of` ATTACHMENT C Proposal Acceptance Form EXHIBIT_ PAGE�OF� PROPOSAL ACCEPTANCE FORM! This Agreement is made by acceptance below of the Contract Document this 12`h day of June 2012 by and between the City of Richmond — Department of Sanitation, Richmond, Indiana ("Client") and ATC Group Services Inc. d/b/a ATC Associates Inc., Indianapolis, Indiana. Client and ATC agree as follows: 1. CONTRACT DOCUMENT — Referred to as the "Contract Document' or "Agreement" Defined as: PROPOSAL ACCEPTANCE. FORM, the GENERAL TERMS AND CONDITIONS, and any proposals that include a scope of services, fee schedules and other documents listed below under PROFESSIONAL. SERVICES. 2. PROFESSIONAL SERVICES — ATC will provide professional services ("Services") for the -Client as indicated in the following documents: 2.1 Proposal dated the 121h day of June 2012, AND 2.2 Other proposal documents by reference: NIA, AND 2.3 Other subcontracts, service agreements, and/or vendor contracts (list): NIA 3. DESIGNATED REPRFSENTAMTS —The parties designate the following named individuals as their authorized representatives to provide approvals, directives, and permissions, including changes, and to receive notices or other communications under this agreement at the following addresses: - DESIGNATED REPRESENTATIVE ATC GROUP SERVICES INC. d/b/a ATC Associates Lie. Name: Jeffrey Timmons Address: 7988 CenterpoW Drive, Suite I00 Indianapolis, Indiana 46256 Phone: (317) 849.4990 DESIGNATED REPRESENTATIVE CLIENT Name: Address: Phone: YOUR SIGNATURE INDICATES ACCEPTANCE OF THE CONTRACT DOCUMENT,. AS DEFINED ABOVE, UNLESS EXPRESSLY MODIFIED IN WRITING. ACCEPMD BY: ATCGROUP SERVICES INC. d/b/a ATC Associates Inc. By: Title: Date: (Person authorized to execute contracts) Title: Date: EXHIB]T_B , PAGE10 4Fjj_ Page i of 3 Jeff Lohmoeller From: Jeff Timmons aeff.timmons@atcassociates.comj Sent: Friday, June 29, 2012 9:51 AM To: Jeff Lohmoeller Subject: RE:Groundwater Sampling The sampling was,completed without a problem yesterday. The samples will be p ciced-up by the lab today and we should have: results the week of the 01. Here is the information you requested relating to the billing rates, The mark-up fog; sub- contractors anti supplies. is 10%. If you steed us to write.a letter docunienting :this please let me lWow, also our rates and mark-up have not changed from our last contract. Admin. Assi4tarit 38.00/Hr. CARD Operator 43.00111r. 'Field Scientist 50A0/Hr. Staff Scientist 65.00/Hr. Project Manager 92.00/Hr. Senior Scientist 106111r. Jeffrey Thuntons, CHMM l Senior Geologist I ATC Associates Inc., [Indianapolis 7988 Centeipoint Drive I Site 100 [Indianapolis, 46256 317-579-4054 direct 131.7-849-4996 tel 317 8494278 fax i PLEASE NOTE: This message, including; any attacliirietits; -may include, privileged, confidential and/or inside,iriforniation. Any distribution or use of this eomnninication by anyone other .than the intended reei}' ent is :strictly pt`olubt#�d and may be unlawfit 1f yo�t are not -the intended recipient, please notify the sender b}i replying to this.inessage, Mid,then delete it.froin your computer. From: Jeff Loimioell.er [mailto:jloeller cbrionAindiana gQV) Sent- Friday, J-ine-19, 20.12 6:32 AM Tot: Jeff Timmons Subject: RE G.ronndwoter$amplina 6l29/2012 Eke HIBIT PAGE f L0L_�1_