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Ordinance No. 7,826961024 -4 ORDINANCE NO. 7826 is AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AN AMENDMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND BUSCH, HUTCHISON & ASSOCIATES, INC., FOR THE BURNETT AND LINDENWOOD STREET PROJECT IN THE AMOUNT OF FIFTY -ONE THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($51,650.00); AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. WHEREAS, the City of Baytown and Busch, Hutchison & 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 Busch, Hutchison & Associates, Inc., for the Burnett and Lindenwood Street Project; 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 execution of an amendment to the Engineering Services Agreement with Busch, Hutchison & Associates, Inc., for the Burnett and Lindenwood Street Project in the amount of FIFTY -ONE THOUSAND SIX HUNDRED FIFTY AND NO /100 DOLLARS ($51,650.00). 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 24th day of October, 1996. PETE C. ALFA O, Mayor ATTEST: EILEEN P.14-ALL, City Clerk APPROVED AS TO FORM: ®I rWACIO RAMIREZ, SR., City Attorney c Acounc i I\meeti ngs \octobeAbusch.24 AMENDMENT TO THE ENGINEERING SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND BUSCH, HUTCHISON & ASSOCIATES, INC. STATE OF TEXAS § COUNTY OF HARRIS § This Amendment to that certain "Engineering Services Agreement" between the City of Baytown and Busch, Hutchison & Associates, Inc., dated August 2, 1991, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown ( "Owner ") and Busch, Hutchison & 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: 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. The provisions of the Agreement defining the "Project" are hereby amended to include the following: Engineering Services for street improvements on Burnett Drive and Lindenwood Street. III. isThe 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 EXHIBIT A ® 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 , 19 ATTEST: EILEEN P. HALL, City Clerk ATTEST: Secretary 11 CITY OF BAYTOWN By: PETE C. ALFARO, Mayor BUSCH, HUTCHISON & ASSOCIATES, INC. LIM JAMES P. HUTCHISON President