Ordinance No. 8,542990325 -1
ORDINANCE NO. 8542
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 2 TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND 3D INTERNATIONAL
ENVIRONMENTAL GROUP FOR IMPLEMENTATION OF TEXAS NATURAL
RESOURCE CONSERVATION COMMISSION'S RISK BASED ASSESSMENT PLAN "A"
FOR LEAKING STORAGE PETROLEUM TANK NOS. 113491 AND 113265;
AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE AMOUNT OF
FORTY -SEVEN THOUSAND FIVE HUNDRED AND NO /100 DOLLARS ($47,500.00);
AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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F
WHEREAS, the City of Baytown and 3D International Environmental Group did enter into an
Engineering Services Agreement on January 21, 199$; 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
implementation of Texas Natural Resource Conservation Commission's Risk Based Assessment Plan "A" for
leaking storage petroleum tank nos. 113491 and 113265; 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 Texas Natural Resource Conservation Commission's Risk Based Assessment Plan "A" for
leaking storage petroleum tank nos. 113491 and 113265 in the amount of FORTY -SEVEN THOUSAND FIVE
HUNDRED AND NO /100 DOLLARS ($47,500.00). 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 25th day of March, 1999.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
a6hACIO RAMIREZ, SR., Qty ttorney
cAMyDocuments\ Council\ MeetingsWarch\ 2ndAmend3KomractStorageTanks .doc
SECOND 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 Second 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:
Providing environmental consulting services for the implementation of the pre -
approved Texas Natural Resource Conservation Commission's Risk Based
Assessment Plan A for the removed underground storage tanks at the old Public
Works building on Lee Drive and the Baytown Police Department. Such services
will include: (1) installing monitoring wells; (ii) performing chemical analysis of soil
and groundwater samples; and (iii) preparing technical reports for Texas Natural
Resource Conservation Commission.
EXHIBIT A
® . 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 March, 1999.
CITY OF BAYTOWN
Lo
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, R. I City Attorney
MONTE MERCER, City Manager
3DIINTERNATIONAL
ENVIRONMENTAL GROUP
ATTEST:
Secretary
cAMyDocuments\ Contracts\ Second Amend men tEngineeringAgreemenG D.doc
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