No preview available
Ordinance No. 16,073 ORDINANCE NO. 16,073 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CRG TEXAS ENVIRONMENTAL SERVICES, INC. FOR THE MARKET STREET REVITALIZATION PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT OF TWENTY-TWO THOUSAND ONE HUNDRED SIXTY-ONE AND NO;100 DOLLARS ($22,161.00); 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 CRG Texas Environmental Services, Inc. for the Market Street Revitalization 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 CRG Texas Environmental Services, Inc. in an amount of TWENTY-TWO THOUSAND ONE HUNDRED SIXTY-ONE AND NO 100 DOLLARS ($22,161.00) for consulting services in accordance with the amendment authorized in Section 1 hereinabove. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affi ativ vote 'the City Council of the City of Baytown this the 131h day of February, 2025. CHARLES J ON, Mayor ATTEST: Y Qava•:Jayy, �� 1 Goe • .S:.yl\ "Sid ANGEL ACKSQN;;Ci y Clerk.° '� \f a( no"o+ooeno°'o-4Ct. APPROVED S FOR SCOTT L M ND, City Attorney UOrdinances and Resolutions Ordinance Drafts12 02 5-02-1 3\First Amendment to PSA with CRG Texas.Market Street Revitalization.kh.docx EXHIBIT "A" Consulting Services Contract Amendment Market Street Revitalization Project Date of Issuance: 12/tW424 Amendment No: 1 `? Consultant: (RG TeYac Environmental Servlee_-Ine. Project No: RW2005 (RDWY2005) PO#: Contract#4250071 BMTOWN Explanation: To accommodate the design of a roundabout for the Market Street Revitalization CIP Project at the intersection of Market Street and South Airhart Drive,the City procured the gas station at that location. To accommodate the roadway improvements, the underground storage tanks and gas pumps were removed. When removing the underground storage tanks (USTs) there was (200) gallons of fluid that had to be removed from the tanks and hauled off. The cost is calculated at$1.00 per gallon, resulting in an additional $200.00. In addition, and due to the findings of a possible leak in the underground storage tanks that were removed, the scope of work has expanded to include the placement of three (3) groundwater wells. This is a requirement of the Texas Commission on Environmental Quality (TCEQ). Through discussions with the TCEQ, the installation of the wells will not preclude the City and Harris County from performing the reconstruction of Market Street as planned. Description of Work Cost Time 1. Removal of 200 gallons of additional fluids in underground storage tanks. $ 200.00 0 Days 2. Placement of three(3)groundwater wells. $ 21,961.00 14 Days Total $22,161.00 14 Days Proposal Scope/Schedule: The additional scope of work and the schedule associated with the same, are attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Cost &Time Change Summary: QA Tj= Original Contract: $33,500.00 14 Days Previous Amendment(s): $ 0.00 N A Days Net increase(decrease) from this Amendment: $22,161.00 14 Days Revised Contract: $55,661.00 Days Percent increase (decrease) this Amendment(66.150o) Percent increase (decrease) all Amendments(66.15%) [Remainder of Page Purposely Left Blank] R TemplateDesign I of 2 D6.Revised 9 2023 Consultant agrees to perform changes(s) included in this Contract Amendment for the price and time indicated. The prices for changes included all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment,the terms and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as one agreement provided that, in the event of any conflict or inconsistency, between the provisions of this Amendment and the provisions of the Agreement and any previous amendment,the provisions of this Amendment shall control. This Amendment has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment. By this Amendment, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Amendment, the Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign immunity. The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to enter into the Amendment. Upon execution by all parties,the following changes identified for the Contract Value and/or Contract Time shown,are made part of the Contract. APPROVED: APPROVED: By: �'� Date: 1/7/2025 By: Date: Consultant JASON E.REYNOLDS,City Manager Kevin C.Casler Printed Name APPROVED AS TO CONTENT: �Vice President B _._y: � _1-11_ Date:Qt/21IM25 Title FRANK O.SIMOI,`EAIJX,JR.,P.E.,PWE Director APPR VED AS TO F DING: By: Date: ��- TERESA McKENZ4E,Chi financial Officer By: Date: January 21, 2025 rojec I onager Michael Leech Printed Name By: 40*�4Date: 1/21125 usmes Asset Team Member Taylor Khoury Printed Name R Template\Design 2 of 2 D6.Revised 9 2023 Exhibit A SCOPE OF WORK Item 1 - Removal of an additional two hundred (200) gallons of fluid that had to be removed from the underground storage tanks and hauled off. The cost is calculated at $1.00 per gallon, resulting in an additional $200.00. Item 2 - Install three (3) groundwater wells, development, surveying, and soil and groundwater sampling; Submit the required number and type of soil and groundwater samples for laboratory chemical analysis; If groundwater is impacted at concentrations greater than RG-411 Action Levels (ALs), then prepare a Drinking Water and Sensitive Receptor Survey Report and an Assessment Report Form (ARF)for transmittal to the TCEQ; If groundwater is not impacted at concentrations greater than RG-411 Action Levels (ALs), then prepare a Technical Response requesting no further action. The estimated cost to perform the scope of work specified herein is the: Additional Assessment $21,961.00 The schedule to perform the initial well installations, development, surveying, and initial groundwater sampling and analysis as stated above is mobilization of materials, equipment, and labor within 2 weeks from the date of notice to proceed barring any circumstances beyond our control such as: access, driller availability, weather, or other acts of God. Additional Work Additional work that is required by the TCEQ may include but is not limited to: product recovery and abatement, additional groundwater monitoring, additional monitoring well installation, TCEQ reporting, plugging and abandonment, waste disposal, and final site closure reporting. CRG Texas will provide a work plan and cost proposal for the next appropriate steps. The TCEQ makes the final determination of whether or not additional release investigation and reporting would be required. Based on the findings from this assessment, if necessary, we will provide a work plan and cost proposal for the next appropriate steps on an as required basis. Additional steps may include and are not limited to additional groundwater monitoring, additional monitoring required for groundwater plume delineation, product recovery abatement and monitoring, vapor survey and monitoring,waste soil and fluid disposal, plugging and abandonment and final site closure activities, etc.