Ordinance No. 5,4100
X391214 -5
ORDINANCE NO. 5410
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT
BETWEEN R. WAYNE SMITH CONSULTING ENGINEER, INC. AND THE
CITY OF BAYTOWN; AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS:
Section 2: This ordinance shall take effect immediately
from and after its passage by the City Council of the City of
Baytown.
INTRODUCED, READ
City Council of the
December, 1989.
and PASSED by the affirmative vote of the
City of Baytown, this the 14th day of
EILEEN P. HALL, City Clerk
NDALL 9. STRONG, C>t�y Attorney
FIRST AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
R. WAYNE SMITH CONSULTING ENGINEER, INC.
THE STATE OF TEXAS
COUNTY OF HARRIS :
This First Amendment ("Amendment") to that certain
"Engineering Services Agreement" between the City of Baytown and
R. Wayne Smith Consulting Engineer, Inc., dated February 2, 1982,
is made by and between the same parties on the date hereinafter
last specified.
W I T N E S S E T H:
WHEREAS, the City of Baytown ("Owner") and R. Wayne Smith
Consulting Engineer, Inc. ("Engineer") did enter into an
Engineering Services Agreement, on February 2, 1982,
("Agreement"); and
WHEREAS, Owner and Engineer now desire to increase the scope
of the work performed pursuant to the 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 defining the "Project" are
hereby repealed, and a new definition of "Project" is hereby
inserted to read in its entirety as follows:
WITNESSETH, that whereas the Owner intends to
construct certain water improvements designated as part
of the 1980 Capital Improvements Program, and certain
other water improvements along State Highway 146
between Cedar Bayou and Interstate 10, and whereas such
Capital Improvement Program and other water
00 improvements along State Highway 146 are hereinafter
referred to as the "Project," subject to the
limitations and restrictions as set forth hereinafter.
0
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 , 1989.
ATTEST:
• EILEEN P. HALL, City Clerk
ATTEST:
Secretary
5:5:36:1
0
CITY OF BAYTOWN
C
EMMETT 0. HUTTO, Mayor
R. WAYNE SMITH CONSULTING ENGINEER,
INC.
BY:
R. WAYNE SMITH
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