Ordinance No. 5,60090823 -1
ORDINANCE N0. 5600
AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT
• BETWEEN BUSCH- HUTCHISON AND ASSOCIATES, 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 1: That the City Council of the City of Baytown,
Texas, hereby approves and authorizes the execution of an
amendment to the Engineering Services Agreement between Busch -
Hutchison and Associates, Inc. and the City of Baytown. A copy
of the above referred to 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 23rd day of August,
1994.
�EMMETT O. HUTTC, Mayor
ATTEST:
EI EEN P. L, City Clerk
f r.
�RANDALL B. STRONG, City/--Attorney
C: 1:52:11
FIRST AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
. BY AND BETWEEN
THE CITY OF BAYTOWN
AND THE
BUSCH- HUTCHISON AND ASSOCIATES, INC.
THE STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ( "Amendment ") to that certain
"Engineering Services Agreement" between the City of Baytown and
Busch - Hutchison and Associates, Inc., dated April 16, 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 Busch- Hutchison
and Associates, Inc. ( "Engineer ") did enter into an Engineering
Services Agreement, on April 16, 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hereby repealed, and a new definition of "Project" is hereby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 road, street, drainage, parks, and
other improvements designated as part of the 1981
Capital Improvements Program, and further intends to
construct street improvements as part of the 1990
Street Improvement Program. Such Capital Improvement
Program and portions of the 1990 Street Improvement
Program to be designated by the City are hereinafter
referred to as the "PROJECT," subject to the
limitations and restrictions as set forth hereinafter.
III
The provisions of this Amendment and the provisions of the
isAgreement 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 , 1990.
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
5:5:36 :1
0
CITY OF BAYTOWN
_EMMETT O. HUTTO, Mayor
BUSCH- HUTCHISON AND ASSOCIATES,
INC.
BY: