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Ordinance No. 7,815961010 -1 ORDINANCE NO. 7815 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 6 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES, INC., FOR THE DEVELOPMENT OF A MASTER PLAN OF THE EAST DISTRICT SEWER SYSTEM IN THE AMOUNT OF SEVENTY -EIGHT THOUSAND ONE HUNDRED AND NO 1100 DOLLARS ($78,100.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown and Wayne Smith & Associates, Inc., did enter into an Engineering Services Agreement on August 2, 1991; 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 Wayne Smith & Associates, Inc., for the development of a master plan of the East District Sewer System; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section I.- That the City Council of the City of Baytown, Texas, hereby authorizes the execution of Amendment No. 6 of the Agreement for Engineering Services with Wayne Smith & Associates, Inc., for the development of a master plan of the East District Sewer System in the amount of SEVENTY -EIGHT THOUSAND ONE HUNDRED AND NO/] 00 DOLLARS ($78,100.00). 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 October, 1996. Z,� e PETE C. ALFAltb, Mayor ATTEST: EELEEN P., H_�LI City Clerk APPROVED AS TO FORM: ® jG9ACI0 RAMREZ, SR., ty Attorney c:\klh22\counciRordinanccs\WnyncSmithOrd 96 1010 -1a SIXTH 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 Sixth 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. 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 to develop a master plan of the East District Sewer System, which shall include evaluating the condition and capacity of the existing plant and the collection system, projecting future repairs and capacity requirements, developing a master plan based on the projections, performing cost estimates, and recommending a schedule and potential funding sources for the improvements. EXHIBIT A Sixth Amendment to the Engineering Services Agreement, Page 1 • • 9 III. 961010 -1b 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 10th day of October, 1996. ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: h� ACIO RAMIREZ, SA.-, ity Attorney -'ATTE ST: ,. Secretary c:klh221nngineering. W ayneSmilh_Amd .1 :Il' !11"1 11 I. 1 CITY OF BAYTOWN By: PETE C. ALFARO, Mayor WAYNE SMITH & ASSOCIATES, INC. By: C6 Z' i6zz R. WAYNE President