Ordinance No. 8,259980423 -4
ORDINANCE NO. 8259
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
® APPROVING AMENDMENT NO. 1 I TO THE AGREEMENT FOR ENGINEERING
SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH &
ASSOCIATES, INC., TO PREPARE PLANS AND SPECIFICATIONS FOR THE NEW
NORTHEAST DISTRICT WASTEWATER TREATMENT PLANT; AUTHORIZING
PAYMENT BY'THE CITY OF BAYTOWN, THE SUM OF SEVEN HUNDRED FIFTY
THOUSAND AND NO /100 DOLLARS ($750,000.00); 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 new Northeast District Wastewater Treatment Plant; 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. 1 I of the Agreement for Engineering Services with Wayne Smith &
Associates, Inc., to prepare plans and specifications for the new Northeast District Wastewater Treatment
Plant. 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 SEVEN HUNDRED FIFTY THOUSAND AND NO /100 DOLLARS
($750,000.00).
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.
,a& (:� e64�'
PETE C. ALFA Pk, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACID RAMIREZ, S ., ity Attorney
C: \MyDocuments \Council\ Meetings \April \WayneSmithAmendmeniNo I l Ordinance.doc
ELEVENTH 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 Eleventh 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.
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 new
Northeast District Wastewater Treatment Plant. The scope of work shall include, but
not be limited, to the design of a waslewater treatment facility to serve the northeast
portion of the City of Baytown and its extraterritorial jurisdiction. Engineering
® services shall include all environmental assessments, permit applications, site
selection, land acquisition and construction contract administration.
EXHIBIT A
Eleventh Amendment to the Engincerin, Services Agreement, Page I
III.
is 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
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ a ., City Attorney
WAYNE SMITH & ASSOCIATES, INC.
C
ATTEST:
Secretary
c: \MyDocumcnts\ Contracts \WayneSaiithAmcndmcntNo I I .doc
Eleventh Amendment to the Engineerinp, Services Agreement, Page 2
R. WAYNE SMITH, President
ELEVENTH 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 Eleventh 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.
WITNES SETH:
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 the preparation of plans and specifications for the new
Northeast District Wastewater Treatment Plant. The scope of work shall include, but
not be limited, to the design of a wastewater treatment facility to serve the northeast
portion of the City of Baytown and its extraterritorial jurisdiction. Engineering
services shall include all environmental assessments, permit applications, site
selection, land acquisition and construction contract administration.
Eleventh Amendment to the Engineering Services Agreement,Page 1
0
. v
•
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, 7 day of , 1998.
CITY OF BAYTOWN
By: ,e,./
PETE C. ALFARO,Mayor
ATTEST:
8.,—eafe)•
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIREZ, S ity Attorney
WAYNE ITH ASSOCIATES,INC.
By: i / /
R. WA MITH,President
ATTEST
Secretary
c:\MyDocuments\Contracts\WayneSmithAmendmentNo 11.doc
Eleventh Amendment to the Engineering Services Agreement,Page 2