Ordinance No. 7,155941110 -1
ORDINANCE NO. 7155
. AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF
AN AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT
BETWEEN WAYNE SMITH & 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 Wayne Smith &
Associates, Inc., and the City of Baytown. 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 10th day of November,
1994.
_P (n
PETE C. AL O, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
CIO RAM REZ, R , City Attorney
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• THIRD AMENDMENT
TO THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
WAYNE SMITH & ASSOCIATES, INC.
STATE OF TEXAS
COUNTY OF HARRIS §
This Third Amendment ( "Amendment ") to that certain
"Engineering Services Agreement" between the City of Baytown and
Wayne Smith & Associates, Inc., dated August 2, 1991, 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 Wayne Smith &
Associates, Inc. ( "Engineer ") did enter into an Engineering
Services Agreement, on August 2, 1991 ( "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 amended to include the following:
Engineering Services for the Interstate 10 Water Line to
North Main Project..
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.
EXHIBIT A
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 , 19_
ATTEST:
EILEEN P. HALL, City Clerk
ATTEST:
Secretary
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CITY OF BAYTOWN
By:
PETE C. ALFARO, Mayor
WAYNE SMITH & ASSOCIATES, INC.
By:
R. WAYNE SMITH