Ordinance No. 8,258980423 -3
ORDINANCE NO. 8258
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 10 TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH &
ASSOCIATES, INC., TO PREPARE PLANS AND SPECIFICATIONS FOR THE TRI-
CITIES BEACH ROAD SANITARY SEWER IMPROVEMENT; AUTHORIZING
PAYMENT BY THE CITY OF BAYTOWN, THE SUM OF ONE HUNDRED
THOUSAND AND NO /I00 DOLLARS ($100,000.00); 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., to prepare plans and
specifications for the Tri- Cities .Beach Road sanitary sewer improvement; 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. 10 of the Agreement for Engineering Services with Wayne Smith &
Associates, Inc., to prepare plans and specifications for the Tri- Cities Beach Road sanitary sewer
improvement. 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 ONE HUNDRED THOUSAND AND NO /100 DOLLARS ($100,000.00).
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 23rd day of April, 1998.
.Ids C . axlllx-�
PETE C. ALFARO, M yor
ATTEST:
ETLEEN P. HALL, City Clerk
APPROVED AS TO FORM:
C:1MyDocuments\ Council\ Meetings \April \WayneSmithAmendmentNo 100rdinance.doc
TENTH 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 Tenth 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 the preparation of plans and specifications for the Tri-
Cities Beach Road sanitary setiver improvement. The scope of xvork shall include, but
not be limited to, the design of a sanitary sewer conveyance system to serve existing
is and proposed development along Tri- Cities Beach Road,
EXHIBIT A
Tenth Amendment to the En ineerin Services A reement, Page l
0 III.
:7
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 , 1998.
CITY OF BAYTOWN
By: P.
PETE C. ALFA 0, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
WAYNE SMITH & ASSOCIATES, INC.
M-
ATTEST:
Secretary
c:\MyDocumcnts\ Contracts\WayneSmithAmendmen(No I O.doe
'tenth Amendment to the En ineerinR Services A:;reement, Page 2
R. WAYNE SMITH, President