Ordinance No. 9,643ORDINANCE NO. 9643
• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO THE SIXTH AMENDMENT TO THE AGREEMENT FOR
ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND 3D
INTERNATIONAL ENVIRONMENTAL GROUP; AUTHORIZING PAYMENT BY
THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED SIX THOUSAND
AND NO 1100 DOLLARS ($6,000.00); 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, wishes to approve and authorize an
amendment to the Agreement for Engineering Services with 3D International Environmental Group for
the final closure report and capping of the dewatering wells located at 3200 North Main Street; 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 City
Manager to execute and the City Clerk to attest to the execution of the Sixth Amendment to the
Agreement for Engineering Services between the City of Baytown and 3D International Environmental
Group. 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 SIX THOUSAND AND NO 1100
DOLLARS ($6,000.00).
Section 3: That in addition to the amount authorized in Section 2 hereof, the City Manager
is hereby granted general authority to approve any change order involving an increase in costs of
TWENTY -FNE THOUSAND AND NO 1100 DOLLARS ($25,000.00) or less, subject to the provision
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25 %) or decreased by more than twenty-five percent (25 %) without the consent of the contractor to such
decrease.
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 25`" day of September, 2003.
PETE C. ALFARO, kayor
ATTEST:
!/ A
G Y W. SMEPH, City Clerk
APPROVED AS TO FORM:
ef6KACIO RAMIREZ, SR., CW Attorney
F:Waren\Files\City CouncihOrdinancesN6thAmcndment23DIContracLdoc
® SIXTH AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
31)/INTERNATIONAL ENVIRONMENTAL GROUP
FOR
UNDERGROUND AND ABOVEGROUND STORAGE TANKS
STATE OF TEXAS
COUNTY OF HARRIS
This Sixth 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 complete the final site closure activities in compliance
with the Texas Commission on Environmental Quality's Leaking Petroleum Storage
Tanks Correction Action Response for the six underground storage tank systems at the
Police Department located at 3200 North Main in Baytown, Texas ( "Project "). The
project will include the supervision of the plugging and abandonment of the six existing
groundwater monitoring wells located at the above referenced facility and the prepration
of the Final Site Closure Report (TNRCC- 0030). The costs for the additional services
associated with the revised scope of work shall be a fee not to exceed SIX THOUSAND
AND NO 1100 DOLLARS ($6,000.00).
EaQiIBIT A
Sixth Amendment to the Engineering Services Agreement -- Page 1
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 September, 2003.
CITY OF BAYTOWN
LIM
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S1 U.ity Attorney
GARY JACKSON, City Manager
3DIINTERNATIONAL
ENVIRONiVIENTAL GROUP
By:
(Signature)
(Printed Name & Title)
ATTEST:
Secretary
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Sixth Amendment to the Engineering Services Agreement —Page 2