Ordinance No. 8,194980212 -5
ORDINANCE NO. 8194
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AMENDMENT NO. 9 TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH &
ASSOCIATES, INC., FOR THE IMPROVEMENT OF CERTAIN STORM DRAINAGE
STRUCTURES AND THE DEVELOPMENT OF A COMPREHENSIVE DRAINAGE
PLAN; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF
FOUR HUNDRED THOUSAND AND NO /100 DOLLARS ($400,000.00); 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, desires to authorize an amendment
to the Agreement for Engineering Services with Wayne Smith & Associates, Inc., for the improvement of
certain storm drainage structures and the development of a Comprehensive Drainage Plan; 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. 9 of the Agreement for Engineering Services with Wayne Smith & Associates,
Inc., for the improvement of certain storm drainage structures and the development of a Comprehensive
Drainage Plan. 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 THOUSAND AND NO /100 DOLLARS
($400,000.00).
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 12th day of February, 1998.
/,l y
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
• eWACIO RAM I REZ, SR. ity Attorney
c:V Ih771 CouncilkOrdinances \WayneSmithAmendmentNo9 .Ordinance
EXHIBIT A
• NINTH 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 Ninth 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:
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 (i) the preparation of plans and specifications for the
correction of certain drainage structures, more Particularly described in Exhibit
"A, " which is attached hereto an incorporated herein for all intents and purposes,
and (ii) the Comprehensive Drainage Plan for the City. The scope of work shall
include, but not he limited to the investigation of drainage problems, analysis of
® drainage area, surveying to establish grade lines of ditches 017d flow lines of
culverts, design of drainage structures and routing of storm tauter runoff,
preparation of construction documents, and field inspections.
Ninth Amendment to the Engineering Services Agreement, Page l
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.
v
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 February, 1998.
CITY OF BAYTOWN
M-
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORivI:
IGNACIO RAMIREZ, SR., City Attorney
PETE C. ALFARO, Mayor
WAYNE SMITH & ASSOCIATES, INC.
ATTEST:
Secretary
Ok Ili 771 Contract\WiyneSmithAmcndmcntNo9
Ninth Amendment to the Engineering Services A,reement, Page 2
R. WAYNE SMITH, President
• EXHIBIT A
DRAINAGE PROJECTS FOR CONTRACT
214198
Est. Footage
Street
Limits
of Ditch
Sterling
S.N. 146 to George
1,680
George
Sterling to Maryon
451
Maryon
George to Sterling
1,475
Forest Hollow
Bayou Vista to Willow Oak
6,200
Lone Oak
Willow Oak to Pinehurst
2,000
Pinehurst
Bayou Vista to S.H 146
8,800
Bayou Woods
Cottonwood to Maple
6,068
FM 565
S.H. 146 to City Limits
1,319
North Bayou Bend
Bayou Bend to Bayou View
900
South Bayou Bend
Bayou View to Bayou Bend
860
Bayou View
N. Bayou Bend to S. Bayou Bent
315
Bayou Bend
S.H. 146 to S. Bayou Bend
1,047
Bob Smith Rd.
McKinney Rd. to RR
3,700
Red Bud
Robin Rd. to N. Burnett Dr.
6,600
Bayway Dr.
Decker Dr. to Baker Rd.
5,175
Barkuloo Rd.
Massey - Tompkins to Baker
2,365
Raccoon Dr.
Massey- Tompkins to Savell
4,860
TOTAL
53,815
• EXHIBIT A