Ordinance No. 7,932970327 -4
ORDINANCE NO. 7932
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 7 TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES,
INC., FOR THE DEVELOPMENT OF THE CITY'S WATER AND SEWER
INFRASTRUCTURE REQUIREMENTS FOR THE NEXT FIVE (5) TO TEN (10) YEARS;
DEVELOPMENT 'OF A COMPREHENSIVE PLAN IN ''RESPONSE TO AN
ADMINISTRATIVE ORDER OF THE ENVIRONMENTAL PROTECTION AGENCY
REGARDING THE SEWER BY -PASS CONDITION AT FERRY ROAD; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF TWENTY -SIX THOUSAND
AND NO /100 DOLLARS ($26,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; 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 the City's water and sewer infrastructure requirements for the next five (5) to ten (10) years based on growth
projections and the development of a comprehensive plan in response to an Administrative Order of the
Environmental Protection Agency regarding the sewer by -pass at Ferry Road; 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
Amendment No. 7 of the Agreement for Engineering Services with Wayne Smith & Associates, Inc., for
development of the City's water and sewer infrastructure requirements for the next five (5) to ten (10) years based
on growth projections and the development of a comprehensive plan in response to an Administrative Order of
the Environmental Protection Agency regarding the sewer by -pass at Ferry Road. A copy of said Amendment is
attached hereto, marked "Exhibit A," and made a part hereof for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to Wayne Smith &
Associates, Inc., of the sum of TWENTY -SIX THOUSAND AND NO/] 00 DOLLARS ($26,000.00).
Section 3: 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 27th day of March, 1997. �f
PETE C. ALFA O, Mayor
ATTEST:
EILEEN P. MALL, City Clerk
APPROVED AS TO FORM:
i�f J
® CAREN L. HO NER, Assistant City Attorney
cAcounciAmeetinss \march \%vsm ith.27
SEVENTH 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 Seventh 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.
WITNESSETH:
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 (i) analysis and development of the City's water and sewer
infrastructure requirements for the next five (5) to ten (10) years based on growth
projections and (ii) assistance in the City's preparation of comprehensive plan in
response to the Environmental Protection Agency's Administrative Order regarding
the sewer by -pass condition at Ferry Road
EXHIBIT A
Seventh Amendment to the Engineering Services Agreement, Page I
0 I11.
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 27th day of March, 1997.
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
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KAREN L. HORNER, Assistant City Attorney
PETE C. ALFARO, Mayor
WAYNE SMITH & ASSOCIATES, INC.
By:
R. WAYNE SMITH, President
ATTEST:
Secretary
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Seventh Amendment to the Enaineerin Services Agreement, Page 2