Ordinance No. 8,735991028 -7
ORDINANCE NO. 8735
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AMENDMENT NO. 3 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 LEAKING PETROLEUM
STORAGE TANK ACTION RESPONSE FOR 1200 LEE DRIVE AND 3200 NORTH
MAIN STREET; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN THE
AMOUNT OF SEVENTEEN THOUSAND ONE HUNDRED THIRTY -EIGHT AND
NO /100 DOLLARS ($17,138.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 Texas Natural Resource Conservation Commission's Leaking Petroleum Storage
Tank Action Response for 1200 Lee Drive and 3200 North Main Street, including the installation of
additional monitoring wells to further delineate the groundwater plume, the disposal of soil cuttings and
purged groundwater, and the provision of a Field Assessment Report; 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 Leaking Petroleum
Storage Tank Action Response for 1201 Lee Drive and 3200 North Main Street, including the installation
of additional monitoring wells to further delineate the groundwater plume, the disposal of soil cuttings
and purged groundwater, and the provision of a Field Assessment Report. 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 the amount of SEVENTEEN THOUSAND ONE HUNDRED
THIRTY -EIGHT AND NO/ 100 DOLLARS ($17,138.00).
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00) or less,
provided that the amount authorized in Section 2 hereof may not be increased by more than twenty -five
percent (25 %).
Section 4: 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 28`h day of October, 1999.
/,g e.
® PETE C. ALFARO, Mayor
C
v
ATTEST,-,
EILEEN- -p. FALL, City Clerk
.S
APTROV FHD AS TO FORM:
ACIO RAMIREZ, S ity Attorney
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991028 -7a
E
THIRD 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 Third 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.
Il.
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 install
an additional monitoring well at 1200 Lee Drive and two wells at 3200 N. Main to
® further delineate the groundwater plume. Engineer will dispose of soil cuttings and
purged groundwater and provide a Field Assessment Report.
Third Amendment to the Engineering Services Agreement - Page 1
11
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 October, 1999.
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, City Attorney
MONTE MERCER, City Manager
3D /INTERNATIONAL
ENVIRONMENTAL GROUP
20
ATTEST:
Secretary
(Printed Name)
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Third Amendment to the Engineering Services Agreement - Page 2
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