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Ordinance No. 8,209980226 -3 ORDINANCE NO. 8209 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, . APPROVING AMENDMENT NO. I TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND 3DANTERNATIONAL ENVIRONMENTAL GROUP FOR ADDITIONAL CONSULTING SERVICES TO MONITOR THE UNDERGROUND STORAGE TANK REMOVAL AND THE INSTALLATION OF THE ABOVEGROUND STORAGE TANKS; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, IN AN AMOUNT NOT TO EXCEED FORTY -TWO THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($42,800.00); MAKING OTHER PROVISIONS RELATED THERETO; 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, desires to authorize an amendment to the Agreement for Engineering Services with 3D /International Environmental Group for additional consulting services to monitor the underground storage tank removal and the installation of the aboveground storage tanks; 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 Amendment No. I of the Agreement for Engineering Services with 3D /International Environmental Group for additional consulting services to monitor the underground storage tank removal and the installation of the aboveground storage tanks. A copy of said Amendment is attached hereto, marked "Exhibit A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to 3D /International Environmental Group in an amount not to exceed FORTY -TWO THOUSAND EIGHT HUNDRED AND NO 1100 DOLLARS ($42,800.00). 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 affirmative vote of the City Council of the City of Baytown this the 26`h day of February, 1998. Ala C PETE C. ALFA O, Mayor ATTEST: EILEEN P. HALL, 3ty Clerk APPROVED AS TO FORM: h� jGKACIO RAMIREZ, S ity Attorney C: \MyDocuments\ Council\ Meetings\ February\3DinternationalAmendmentNo l .doc EXHIBIT A FIRST 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 First 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 monitor the underground storage tank removal ® and the installation of the aboveground storage tanks. The scope of work includes (i) liaison with Texas Natural Resource Conservation Commission; (ii) site supervision; (iii) soil sampling and analysis; and (iv) final closure report. First Amendment to the Engineering Services Agreement — Page I • III . 0 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 February, 1998. CITY OF BAYTOWN By: PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IQLWACIO RAMIREZ, SR., ity Attorney 3D /INTERNATIONAL ENVIRONMENTAL GROUP Vve ta-v9 Secretary C:% MyDocumenisl Coniract sTirsiA mend men tEngi nee ringAgrec men GD .doc First Amendment to the Engineering Services Agreement - Page 2 (Printed Name)