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Ordinance No. 16,186 ORDINANCE NO. 16,186 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING THE SECOND 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 NINETEEN THOUSAND SEVEN HUNDRED FIFTY-ONE AND NO. 100 DOLLARS ($19,751.00); 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 Second 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 NINETEEN THOUSAND SEVEN HUNDRED FIFTY-ONE AND NO 100 DOLLARS ($19,751.00) 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 affirmat've vote of the Ci , Council of the City of Baytown this the 10th day of July, 2025. C RLES J ON, Mayor ATTEST: �Op00 0000�'^ S O I V,047,^s O O 8 A GEL �l, k led OOOOOP0000000��� APPROVED AS 1 SCOTT LEMO , City Attorney R Ordinances and Resolutions.Ordmance Dralls 2025-07-10 Second Amendment to PSA with CRG for Market Street Re%ttaltzatton Project kh docx EXHIBIT "A" Consulting Services Contract Amendment Market Street Revitalization Project !FO* Date of Issuance: 05/22/2025 Amendment No: 2 Consultant: CR(;Texas Environmental Services,Inc. Project No: RW2005 (RDWY2005) E PO#: Contract#4250071 BAYTOWN Exulanation: 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, and removed the underground storage tanks and gas pumps. Due to a possible leak from the tank removal, previously three (3) groundwater monitoring wells were installed,which is a requirement of the Texas Commission on Environmental Quality (TCEQ). Upon results of the pit water samples, two (2) additional groundwater monitoring wells will now be installed. The wells will be developed, surveyed, and sampled for laboratory chemical analysis and submitted per the requirements of the TCEQ. If the results of the groundwater test are greater than TCEQ regulations then an Assessment Report Form (ARF) will be prepared and submitted to 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. Descriation of Work Cost Time 1. Placement of two (2) additional groundwater monitoring wells. $19,751.00 28 Days Total $19,751.00 28 Days Proposal Scone/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: LQA Time Original Contract: $33,500.00 14 Days Previous Amendment(s): $22,161.00 14 Days Net increase (decrease) from this Amendment: $19,751.00 28 Days Revised Contract: $75,412.00 56 Days Percent increase (decrease) this Amendment +58.960 o Percent increase (decrease) all Amendments +125.110o [Remainder of Page Purposely Left Blank] R Template Design 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. APPROV APPROVED: ��/d 06-20-2025 By: Date: By: Date: Consultant JASON E.REYNOLDS,City Manager Nubia Casler Printed Name _gROVED AS TO CONTENT: President r Date:Q6J24.J.20_?.:5 Title FRANK O SIMONEAUX,JR,P E,PWE Director APPROVED AS TO FUNDING: By: G Date: 06/26/25 TERESA McKENZIe,Chief Financial Officer By: r Date: 6-24-25 Aqicnager Michael Leech. ADPWE Printed Name By: 4" Date: 6-24-25 NG_si_ne_sVAssct Team Mem er Taylor Khoury Printed Name, R1Template0csign 2 of 2 D6.Revised 912023 EXHIBIT "A" Proposal 03 TCEQ Corrective Action Requirements TCEQ Risk Based Assessment Market Street Revitalization Project 2900 Market Street,Baytown,Texas TCEQ Facilitv ID#63601 SCOPE OF WORK The scope of work in this proposal includes the following: • Install two(2)additional groundwater monitoring wells in an effort to delineate the extent of impacted groundwater to less than TCEQ regulatory limits,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 TCEQ RG-523 Plan A Target Concentrations(TCs),then prepare an Assessment Report Form (ARF)for transmittal to the TCEQ; • If groundwater is not impacted at concentrations greater than TCEQ RG-523 Plan A , then prepare a Site Closure Request requesting no further action. 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. Groundwater Monitoring Well Installation Two (2) groundwater monitor wells (Mw-4 and MW-5) will be installed, developed, surveyed, and sampled for laboratory chemical analysis per the requirements published by the TCEQ Petroleum Storage Tank Responsible Party Remediation (RPR) and Texas Department of Licensing and Regulation (TDLR). Texas licensed monitor well driller will be used to install the monitor wells and State of Texas Well Reports will be prepared in accordance with applicable regulations for submittal to the TCEQ; The following activities will be performed: • Perform 48-hour utility locate notification per Federal and State Law; • Field screening for volatile organic compound (VOC) emissions in recovered soil samples will be performed for each 2.5-foot continuous sample interval for each soil boring using a photo-ionization detector(PID)or organic vapor meter(OVM)wl 10.2eV Lamp; • The monitor wells will be constructed of 2-inch diameter PVC casing with 0.010" slotted screen to extend above the static water level in the well, and will have a lockable expansion plug, and bolt down manhole cover; • Develop the well until the groundwater is visibly clear and collect groundwater samples as needed; • Submit one(1) round of soil and groundwater samples collected for laboratory chemical analysis as required by the TCEQ; • The information from the additional assessment will be included in the TCEQ ARF. CRG Texas Environmental Services, Inc. Phone-713474-1570 2504 Avenue I,Rosenberg,Texas 77471 Facsimile-713-481-1861 Proposal 03 TCEQ Corrective Action Requirements TCEQ Risk Based Assessment Market Street Revitalization Project 2900 Market Street,Baytown,Texas TCEQ Facility ID#63601 Analytical Testing Soil and groundwater samples(one well only)will be collected during the initial well installation in accordance with TCEQ standards for laboratory chemical analysis of the following compounds: • benzene,toluene,ethylbenzene,xylenes-methyl, tert,butyl, ether(BTEX-MTBE) per method 8260E • total petroleum hydrocarbons(TPH)per method Texas 1005 • poly-aromatic hydrocarbons(PAH) per method 8270C SIM (single highest TPH only) Investigative Derived Waste(IDW) Disposal IDW soil and fluids generated during this portion of the project will be placed in 55-gallon drums until analytical data is received and the waste can be classified,and the disposal costs would be submitted under a separate proposal. Waste that is classified as Class I or hazardous waste will be priced upon discovery (receipt of analytical results) under a separate cover and the cost adjusted accordingly. All management and disposal of the waste will be billed according to the classification and actual quantities of the waste generated during this portion of the project. The Responsible Party is to sign all waste profile and disposal manifests as required by the TCEQ. Reporting Reporting tasks include preparation of an Assessment Report Form (ARF) package in accordance with the TCEQ requirements. Three additional quarterly groundwater monitoring events would be documented and reported to TCEQ as required. If delineation is not achieved and additional assessment is warranted,we will provide work plans and cost proposals as needed for the next appropriate steps. CRG Texas will provide a Risk-Based Assessment report in an ARF with all required attachments as required by the TCEQ. QUARTERLY GROUNDWATER MONITORING Should the groundwater plume impacts be delineated to the TCEQ required LPST target concentrations, then groundwater sampling would be conducted every 3 months (quarterly) for 3 quarterly events. The groundwater monitoring reports would be submitted within one week from the date of receipt of groundwater sample analysis from each quarterly sampling event. SCHEDULE The schedule to perform the well installation, 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. The ARF package will be completed within 2 weeks from the date of receipt of lab analysis reports. Total time for the initial assessment work is 4 weeks from the date of Notice to Proceed. COST AND PAYMENT TERMS The estimated cost to perform the scope of work specified herein is ❑ Additional Assessment lump sum $19,751.00 CRG Texas Environmental Services, Inc. Phone:713-474-1570 2504 Avenue I,Rosenberg,Texas 77471 Facsimile:713481-1861 Proposal 03 TCEQ Corrective Action Requirements TCEQ Risk Based Assessment Market Street Revitalization Project 2900 Market Street,Baytown,Texas TCEQ Facilitv ID#63601 Payment is due in full to CRG Texas upon receipt of the invoice submitted upon completion of the work specified herein. 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. CRG Texas Environmental Services,Inc. Phone:713-474-1570 2504 Avenue I,Rosenberg,Texas 77471 Facsimile:713481-1861