Ordinance No. 8,92520000608 -5
ORDINANCE NO. 8925
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
® TEXAS, APPROVING AMENDMENT NO. 4 TO THE AGREEMENT FOR
ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND
3D /INTERNATIONAL ENVIRONMENTAL GROUP FOR THE
IMPLEMENTATION OF TNRCC LPST CORRECTIVE ACTION RESPONSE FOR
1200 LEE DRIVE AND 3200 NORTH MAIN STREET SITES IN THE AMOUNT OF
FOURTEEN THOUSAND ONE HUNDRED ELEVEN AND NO /100 DOLLARS
($14,111.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
WHEREAS, the City of Baytown and 3D /International Environmental Group did enter into an
Engineering Services Agreement on January 21, 1998; and
WHEREAS, the City Council of the City of Baytown, Texas, wishes to approve and authorize
an amendment to the Agreement for Engineering Services with 3D /International Environmental Group
for the implementation of TNRCC LPST Corrective Action Response for 1200 Lee Drive and 3200
North Main Street sites; NOW THEREFORE
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 the
execution of an amendment to the Engineering Services Agreement with 3D /International
Environmental Group for implementation of TNRCC LPST Corrective Action Response for 1200 Lee
Drive and 3200 North Main Street sites in the amount of FOURTEEN THOUSAND ONE HUNDRED
ELEVEN AND N01100 DOLLARS ($14,111.00). A copy of said amendment is attached hereto,
marked Exhibit "A," and made a part hereof for all intents and purposes.
Section 2: 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 affirmative vote of the City Council of the City
of Baytown this the 8th day of June, 2000.
/ (r, 44 _
PETE C. ALFARO, Mayor
ATTEST:
1
G SPIT H, City Clerk
APPROVED AS TO FORM:
40
MTIACIO RAMIREZ, SR )ty Attorney
c:\MyDocuments\Council\99-00\4thAmendment3DIStorageTanks
® FOURTH AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
3D /INTERNATIONAL ENVIRONMENTAL GROUP
FOR
UNDERGROUND AND ABOVEGROUND STORAGE TANKS
STATE OF TEXAS §
COUNTY OF HARRIS §
This Fourth Amendment ( "Amendment ") to that certain "Engineering Services Agreement"
between the City of Baytown and 3D /International Environmental Group, dated January 21, 1998, is
made by and between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and 3D /International Environmental Group
( "Engineer ") did enter into an Engineering Services Agreement on January 21, 1998 ( "Agreement ");
and
WHEREAS, Owner and Engineer now desire to increase the scope of work performed pursuant
to this Agreement:
NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein
contained, the parties hereto do hereby mutually agree as follows:
I.
Unless a different meaning clearly appears from the context, words and phrases as used in this
Amendment shall have the same meanings as in the Agreement.
II.
The provisions of the Agreement describing the "Scope of Work" are hereby amended to
include the following additional services:
Additional consulting services to implement the Texas Natural Resource Conservation
Commission's Leaking Petroleum Storage Tanks Correction Action Response for 1200
Lee Drive and 3200 North Main Street. As part of these services, Engineer shall
perform groundwater monitoring services as described and approved by Mr. Alan
Parolini of the Texas Natural Resources Conservation Commission in the Leaking
® Petroleum Storage Tanks Correction Action Response Forms dated May 18, 2000, for
the above - referenced sites, which forms are attached hereto as Exhibits "A" and "B"
Fourth Amendment to the Engineering Services Agreement - Page 1
IBIT A
® and are incorporated herein for all intents and purposes. The costs for these services
are estimated to be $14,111.
III.
The provisions of this 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 Amendment and the provisions of the Agreement, the provisions of this Amendment
shall control.
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 June, 2000.
CITY OF BAYTOWN
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
MONTE MERCER, City Manager
3DANTERNATIONAL
ENVIRONMENTAL GROUP
Uz
ATTEST:
(Printed Name)
Secretary
c: kih252\ Engineering\ ArchitectAgreements\ 3DI\ FourthAmendmentEngineeringAgreement3DI
Fourth Amendment to the Engineering Services Agreement - Page 2
L]
MAY -18 -2000 1hU 10: '32 AM 2 FAX NO, 33 P. 01/01+
T FAX TR--A-NSMITTAL
DATE:
TO: Name
Organization
Fax Number
NO. OF PAGES (including this sheet):
MR. HOWARD WELLSPRING
CITY OF BAYTOWN
281 420 -6586
FROM: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Name Alan Parolini
Coordinator
Telephone 512/239 -2200
Fax Number 512/239-2216
Mail MC -137 PO Box 13087 Austin Tx 7873.1 -3087
NOTES: Response to Corrective Action Proposals) for
LPST- #-. 11113491` , Facility ID: 0034781.
If. you have any problems receiving this fax, please
call 512/239 -2200 .
Please note that new, .Corrective Action Preapproval Forms, have been
required since Septenber: 1.,1995. The forms are available at no cost..
by downloading from the TNRCC Bulletin Board Services (BBS)
(312/239- 0700), or over the Internet at http:11w,,ww.tnrcc. state. tx.us.
You may also order the forms on diskette from the TNRCC, MC 7195, P.O.
Box 13088, Austin, TX 78711 -3088 (please specify the Corrective Action
Preapproval Forms on diskette) . A pamphlet with reproducible forms is
available at no cost by calling TNRCC Publications at 512/239 -0028.
Please note that all LPST corrective action proposals and reports need
to be prepared by an environmental contracting / consulting firm
registered as a Corrective Action Specialist (CAS) and need to have the
the signatures and registration numbers of both the CAS and registered
Corrective Action Project Manager (CAPM) included pursuant to Title 30,
Texas Administrative Code (TAC), Subchapter J. Any proposal that has
been prepared by a consulting firm not registered as a CAS by the Texas
Natural Resource Conservation Commission ( TNRCC) or which does not
include the signature and registration number of the Project Manager
may be rejected. Please reserve the use of the telefax machines for
submitting proposals and data for LPST cases that rank as new priority
1's and for emergency abatement activities.
EXHIBIT A
NP,Y -1 ° -2000 THU 10:33 AM 2 FAX h0. 33 F. 02/04
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
® LPST CORRECTIVE ACTION RESPONSE FORM
LPST -ID: 113491
3/16/2000 Proposal For: SEMI - ANNUAL be ANNUAL GW MONITORING (2 EVENTS /YR)
GENERAL INFORMATION
LPST -ID : 113491 Priority: 4.1
Responsible Party : CITY OF BAYTOWN Tel: 281/420 -6549
Facility # & Name 0034781 CITY BAYTOWN POLICE DEPT
Facility Address 3200 N MAIN
Facility City BAYTOWN County: HARRIS
CAPM & Name CAPMOC116 GLENN R. LOWENSTEIN
RCAS & Name RCAS00310 DUP'S, INC.
TNRCC TECHNICAL RESPONSE
Proposed activity is approved with the following modifications:
The amount shown below includes 2- quarters of groundwater monitoring of 6 -wells
and submittal of Monitoring Event Summary.
Lab analysis approved:
TPH /BTEX /MTBE - 12
ACTIVITY COST SUMMARY
Proposed Cost: 5,096.00 Maximum Pre - Approved: 4,761.00
Signature: Date: 5/18/00 Telephone: 512/239 -2200
Alan Parolini
Coordinator
Ll
Page 1
MAY -18 -2000 THU 10:34 AN 2
FAX N0. 33 P. 03/04
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
0 LPST CORRECTIVE ACTION RESPONSE FORM
LPST -ID: 113492
3/16/2000 Proposal For: SEMI-AN=A a %NL=AL GW MONITORING (2 EXTENTS /YR)
Pursuant to 30 TAC Section 334.82 (b) , you are required to notify all
parties affected by the contamination. If you determine that
contamination from the release has migrated off -site, or if you are
required by the TNRCC to conduct further assessment or other
corrective actions off -site, then you are required to notify the
affected landowner(s) within 30 days of documenting the impact.
Please note that landowners may include state and local owners of
right -of -way properties. For the purpose of this requirement, notice
shall be through any means described in 30 TAC Section 334.82 (a) .
Please provide documentation that the affected landowner(s) has /have
been notified within 30 days of notification. Please note that
failure to notify affected parties as required herein is grounds for
formal enforcement proceedings.
Please note that preapproval of this activity DOES NOT guarantee
reimbursement. Eligiblity is determined at the time of reimbursement
application review. If the release is eligible, the preapproved
amount is the maximum allowable for the proposed activities. The
actual amount of reimbursement will be determined after the completed
reimbursement application and all related receipts and invoices are
submitted, and the completed activity is subject to technical and
and reimbursable cost review. In all instances, the completed work
must be technically justifiable and should serve to advance the site
in the corrective action process: The amount of preapproved work
performed should be based on completion of the activity's objectives.
.Additionally, please also note that preapproved amounts include all
eligible markup.
Claims for reimbursement should only be submitted after the
completion of an annual cycle for remediation system operation and
maintenance, and quarterly groundwater monitoring unless a more
frequent filing period is previously approved by the PST
Reimbursement Section, The Reimbursement Section can be reached at
512/239-2001.
Page 2
MAY -18 -2000 THU 10:34 AN 2 FAX NC. 33
Activity 07: Groundwater Monitoring Preapproval Worksheet
TNRCC At. Quarter: # of Wells:
LPST #: 113491 1st 6
Iity #: 2nd 6,
ity Name: 3rd 0
ility address; 4th 0
Average Well Dept 25
Prepared By: xxx
Date: 17- May -00
A. Personnol
B. EauiDmont Costs
9 of Units stuna Total
Fixed Annual
$660
15t Event
x = $380
2nd Event
x = $380
3rd Event
x = $0
41h Event
x $0
Subtotal Subcontracted Personnel
= SO
Subcontractor Markup %,
= 10% = So
Cost Proposal Preparation
- S11b
A Total Personnel
so
B. EauiDmont Costs
C. Waste Mananement
s of Units
$/Unit
Total
Disposable Ballem
12 x
$8 =
$96
Small Items
2 x
$20 =
S40
Drums (55- gallon, For purge water)
6 x
S40 =
$240
(Other)
x
=
so
(Other)
x
=
So
Subtotal Subcontracted Equipment
=
S376
x
Subcontractor Markup %
-
15% _
$58
A. 10tal Lquipment
$is
so
Iron
C. Waste Mananement
ITatal Grou;dwatar Monitoring Actrvity s (q.B+C• _
D. Anatvtieal costs
P. 04/04
# of Units S/Unit
Total
Vacuum Truck
3 x $75
$225
Fluid Disposal
300 x SO-40
$120
Sub. H DischargelAl6 Disposal Method
x By Need Y
So
Subtotal Subcontracted Waste Mgt.
= S329
$1,770
SubcmnUactor Markup %
- 10% =
S33
A. Total Waste Management
So
$378
ITatal Grou;dwatar Monitoring Actrvity s (q.B+C• _
D. Anatvtieal costs
P. 04/04
E. Travel
Units
4 of Units
$/Unit
$/Unit
Total
TNRCC IOMSTEX
0
x
S125 =
$01
TNRCC 100SMTEXI MTBE
12
x
$148 =
$1,770
TDS '
0
x
$15
So
PAH(610)
0
x
5158
SO
PAH(8270)
0
x
$249
so
Chlorides
0
x
$is
so
Iron
0
x
S10
$0
Nitrates
0
x
$24
So
Phosphates
0
x
$24
So
Sulfates
0
x
$24
So
Tot Org. Carbon (TOC)
0
x
S32
So
Shipping
24
x
$5
5120
(Other)
0
x
So
$0
(06-r)
0
x
SO
s0
Subtotal Subcontracted Analyt)cal
=
$1,821
Subcontractor Markup %
=
10% =
$182
D. Total Anal tical
$2 072
E. Travel
Units
Proposed
$/Unit
Total
Mileage (�-7oo r.Q
o x
$0.31 =
so
One way mileage to site
=
20
2000
794
460
Travel 71me
2 x
Soo =
S"
Per dlem
0 x
Sao =
$0
Airfare
2 x
"so =
5o
Equipment Truck
2 x
$140 =
$280
Subtotal Suboonlr3aed Travel
=
So
Subeontrsctor Marko °%
15% =
so
D. Total Travel
$344
Item
Proposed
Approved
Approvaa - Propose
Subcontracted
Total
Subcontracted
Total
Difference
Personnel
Equipment
Waste Management
0
690
400
2000
794
460
0
376
329
1535
432
376
-485
-362
-82
Analytical
Travel
1320
0
1502
340
1821
0
2072
344
570
a
otnl
2410
5096
2525
4761
335
K]
I�AY -18 -2000 THU 10.27 AN 2 FAX N0, 33 P. 01/04
T *,ft -V
IN , RC C FAX TRANSMITTAL
DATE: 57/) <9
°r
TO: Name
Organization
Fax Number
NO. OF PAGES (including this sheet); �--- �-�
MR. HOWARD WELLSPRING
CITY OF BAYTOWN
(281) 420 -6580
FROM: TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Name Alan Parolini
Coordinator
Telephone 512/239-2200
Fax Number 512/239-2216
Mail MC -137 PO Box 13087 Austin Tx 78711 -3087
NOTES: Response to Corrective Action Proposal(s) for / //
.'113265' , Facility ID: 0034777. J w %e ",/Cr
If you have any problems receiving this fax, please
call 512/239 -2200 .
Please note: that new-. Corrective action Preapproval For= ' have been
required °since September.1,1995. The forms are available at no cost
by downloading from the TNRCC Bulletin. Board Services Mo's)
(512/239- 0700), or over the Internet at http : / /www.tnrcc`.state.tx.us.
You may also order the forms on diskette from the TNRCC, MC -195, P.O_
Box 13088, Austin, TX 78711 -3088 (please specify the Corrective Action
Preapproval Forms, on diskette) . A pamphlet with reproducible forms is
available at no cost by calling TNRCC Publications at 512/239 -0028.
Please note that all LPST corrective action proposals and reports need
to be prepared by an environmental contracting /consulting firm
registered as a Corrective Action Specialist (CAS) and need to have the
the signatures and registration nurbers of both the CAS a:ad registered
Corrective Action Project Manager (CApm) included pursuant to Title 30,
Texas Administrative Code (TAC) , Subchapter J. Any proposal that has
been prepared by a consulting firm not registered as a CAS by the Texas
Natural rt- source Conservation Commission ( TNRCC) or which does not
include the signature and registration number of the Project Manager
may be rejected. Please reserve the use of the telefax machizies for
submitting proposals and data for LPST cases that rank as new priority
1's and for emergency abatement activities.
SAY -18 -2000 T FU 10:27 AM 2 7-7X NO, 33 P. 02/04
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE" A CTION RESPONSE FORM
LPST -ID: 113265
3/16/2000 Proposal For: QUARTERLY GW MONITORING (4 EVENTS /YR)
GENERAL INFORMATION
LPST -ID : 113265 Priority: 4.1
Responsible Party : CITY OF SAYTOWN Tel: 281/420 -6549
Facility ## & Name : 0034777 CITY RAYTOWN SERVICE CENTER
Facility Address : 1200 LEE DR
Facility City BAYTOWN County: HARRIS
CAPM & Name CAPM00116 GLENN R. LOWENSTEIN
RCAS & Name RCAS00310 DUP'S, INC.
TNRCC TECHNICAL RESPONSE
Proposed activity is approved as proposed, but for a reduced amount_
The amount shown below includes 4- quarters of groundwater monitoring of 6 -wells
and submittal of Annual Groundwater Monitoring Report.
Lab analysis approved:
TPH /BTEX /MTSE - 24
Proposed Cost:
ACTIVITY COST SUMMARY
9,015.00 Maximum Pre - Approved:
8,857.00
Signature:
k�4- Date: 5/18/00 Telephone: 512/239 -2200
Alan Parolini v
Coordinator T-
Page 1
i1P,�- 18 -20J0 Trill 10 28 Al 2 PAX N0, 33 P. 03/04
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
LPST CORRECTIVE ACTION RESPONSE FORM
LPST -ID: 113265
3/16/2000 Proposal For: QUARTERLY GW MONITORING (4 EVENTS /YR)
Pursuant to 30 TAC Section 334.82 (b) , you are required to notify all
parties affected by the contamination. If you determine that
contamination from the release has migrated off -site, or if you are
required by the TNRCC to conduct further assessment or other
corrective actions off -site, then you are required to notify the
affected landowner(s) within 30 days of documenting the impact.
Please note that landowners may include state and local owners of
right -of -way properties. For the purpose of this requirement, notice
shall be through any means described in 30 TAC Section 334.82 (a).
Please provide documentation that the affected landowner(s) has /have
been notified within 30 days of notification. Please note that
failure to notify affected parties as required herein is grounds for
foul enforcement proceedings.
Please note that preapproval of this activity DOES NOT guarantee
reimbursement. Eligiblity is determined at the time of reimbursement
application review. If the release is eligible, the preapproved
amount is the maximum allowable for the proposed activities. The
actual amount of reimbursement will be determined after the completed
reimbursement application and all related receipts and invoices are
submitted, and the completed activity is subject to technical and
and reimbursable cost review. In all instances, the completed work
must be technically justifiable and should serve to advance the site
in the corrective action process. The amount of preapproved work
performed should be based on completion of the activity's objectives.
Additionally, please also note that preapproved amounts include all
eligible markup.
Claims for.
completion of
maintenance,
frequent fi
Reimbursement
51-2/239-2001.
reimbursement
an annual cyc
and quarterly
ling period
Section. The
should only be submitted after the
1e for remediation system operation and
groundwater monitoring unless a more
is previously approved by the PST
Reimbursement Section can be reached at
Page 2
IAY -18 -2000 lHU
10:29 All 2 ' AX N0. 33
Fixed Annual
F. 04/04
1st Event
Activity 07: Groundwater Monitoring Preapproval Worksheet
2nd Event
x Su0
TNRCC #:
t_PST #:
Quarter. # of Wells:
II S6,r tst
6
x 6980
#:
2nd
6
= 10% = $0
4acility
acillty Name:
3M
g
aim
acillity address:
4th
g
SO
Subtotal Subcontracted Equipment
Average Well Dept
25
x
Subcontractor Markup %
=
Prepared By: xxx
S02
Total Equipment
518
so
Date: 17- May-00
0
A. Personnel
B. Eouitomont Costs
ii of Units SJUnit Total
Fixed Annual
= 5840
1st Event
x = $380
2nd Event
x Su0
3rd Event
x . = Sue
4th Event
x 6980
Subtotal Subcontracted Personnel
= so
SubconVactor Markup %
= 10% = $0
Cast Proposal Preparation
- $115
A. Total Personnel
82,475
B. Eouitomont Costs
C. Waste Manatlemont
9 of Units
$/Unit
Total
Disposable Sailers
24 x
$8 =
$192
Small Items
4 x
S20 =
$80
Drums (65- gallon, for purge water)
11 x
S40 =
$4,40
(Other)
x
=
so
(Other)
x
z
SO
Subtotal Subcontracted Equipment
=
S54a
x
Subcontractor Markup %
=
15% =
S02
Total Equipment
518
so
Iron
C. Waste Manatlemont
o r9Ut1 vva 4r on !inn c v A +13'CHkE)= 53,43r
D, Analytical Costs
$ of Units S/Unit
Total
Vacuum Truck
6 x $75
$450
Fluid Disposal
600 x $0.40
$240
Sub. H DlschargelAlt. Disposal Method
x By Need a
$0
Subtotal Subcontracted Waste Mgt
= $857
43,540
Subcontractor Markup %
10°/6 =
see
A. Total Wasto Management
s0
$7yg
o r9Ut1 vva 4r on !inn c v A +13'CHkE)= 53,43r
D, Analytical Costs
E. Travel
Units
$ of Units
SdUnit
$/Unit
Total
TNRCC100SWEx
0
x
$125 =
$0
TNRCC 1005MTExrMT2E
24
x
$148 =
43,540
TDS
0
x
' S15
s0
PAH(610)
0
x
5158
$0
PAH(8270)
0
x
$240
$0
Chlorides
0
x
518
so
Iron
0
x
;10
So
Nitrates
0
x
$24
$o
Phosphates
0
x
$24 =
$0
Sulfates
0
x
$24
30
Tot Org. Carbon (TOC)
0
x
$32
50
Shipping
48
x
$5
$240
(Outer)
0
x
$0
so
(Other)
0
x
$0
S0
Subtotal Subcontracted Analytical
=
$3,642
Subcontractor Markup %
=
10% =
5354
D. Total Analytical
$4 ) 44
E. Travel
Units
SdUnit
Total
Mileage ( >100 r.t.)
0 x
$0.31 =
20
One way mileage to site
=
20
Mannal
Travel Time
3, x
$40 =
size
Per diem
0 x
$a0 =
so
Airfare
4 x
50 -
5o
Equipment Truck
4 x
5140 =
$Sao
Subtotal Subcontracted Travel
Q
s0
3004
Subcontractor Markup %
4144
159, =
so
D. Total Travel
840
0
$688
Urn
"Fee
A901Oved
Approved - Pro oae
5ubeontracred
Total
Subcontmctsd
Total
Difference
Mannal
0
2800
0
2475
.325
Equipment
1140
1651
548
794
-857
atsta Management
800
020
657
756
-164
nalyUeal
2640
3004
3642
4144
1140
Travel
0
840
0
686
48
otaf
4580
5015
4848
8857
-1511
C