Ordinance No. 7,991970612 -2
ORDINANCE NO. 7991
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 8 TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES,
INC., FOR THE DESIGN OF THE EAST DISTRICT WSTEWATER TREATMENT PLANT
EXPANSION AND IMPROVEMENT OF THE SANITARY SEWER COLLECTION
SYSTEM; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
FOUR HUNDRED FORTY -SIX THOUSAND EIGHT HUNDRED AND NO /100 DOLLARS
($446,800.00); 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 United States Environmental Protection Agency (the "EPA ") issued an Administrative
Docket Notice to the City of Baytown due to sewage problems along Ferry Road; and
WHEREAS, the proposed comprehensive plan submitted to the EPA requires (i) the installation of a lift
station to transport sewer over Pond Gully and abandon the overflow situation on Ferry Road as well as (ii) new
piping and expansion of the treatment plant to handle the increased flows:
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 design of
the East District Wastewater Treatment Plant Expansion and improvement of the sanitary sewer collection
system; NOW THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section L That the City Council of the City of Baytown, Texas, hereby authorizes the execution
of Amendment No. 8 of the Agreement for Engineering Services with Wayne Smith & Associates, Inc., for the
design of the East District Wastewater Treatment Plant Expansion and improvement of the sanitary sewer
collection system. 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 FOUR HUNDRED FORTY -SIX THOUSAND EIGHT HUNDRED AND NO /100
DOLLARS ($446,800.00).
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 12th day of June, 1997.
PETE C. ALFAR , Mayor
ATTEST:
2"C,)_
EILEEN P. HALT:,, City Clerk
® APPROVED AS TO FORM:
ACIO RAMIRE , SR., C ty torney
cAk1h41\ Council \Ordinances \W.tyneSmitlzAme 11tNo8 .0rdinance
® EIGHTH 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 Eighth 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) the design of the East District Wastewater Treatment
Plant Expansion and (ii) the improvement of the sanitary sewer collection along
® Ferry Road.
EXHIBIT A
Eighth Amendment to the Engineering Services Agreement, Page 1
® 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.
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 June, 1997.
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
CITY OF BAYTOWN
LIZA
PETE C. ALFARO, Mayor
WAYNE SMITH & ASSOCIATES, INC.
I.
R. WAYNE SMITH, President
ATTEST:
Secretary
0
c:1k1h401Contractl W ayneSntitilAmendtnentNoB
Eighth Amendment to the Engineering Services Agreement, Page 2