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Ordinance No. 8,328980709 -8 ORDINANCE NO. 8328 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, ® TEXAS, APPROVING AMENDMENT NO. 12 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF BAYTOWN AND WAYNE SMITH & ASSOCIATES, INC., FOR THE 12" WATER LINE EXTENSION ALONG SJOLANDER ROAD PROJECT IN THE AMOUNT OF TWENTY -EIGHT THOUSAND TWO HUNDRED AND NO /100 DOLLARS ($28,200.00); 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 12" water line extension along Sjolander Road project; 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 an amendment to the Engineering Services Agreement with Wayne Smith & Associates, Inc., for the 12" water line extension along Sjolander Road project in the amount of TWENTY -EIGHT THOUSAND TWO HUNDRED AND NO 1100 DOLLARS ($28,200.00). A copy of said amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: 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 9`h day of July, 1998. PETE C. ALFARO, Mayor ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ® etGlfqACIO RAMIREZ-, R City Attorney cA MyDocuments %CounciRMeetingsUuly\AmendW ayneSmithKSjolanderWaterLineEx0 .doc ® TWELFTH 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 Twelfth 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 to prepare plans and specificolions for the 12 " ivaler line • extension along Sjolander Road. The scope of work shall include, but not he limited lo, designing a I2" tivaler line fi-om flrcher Road to I -10 along Sjolander Road. EXNW A Twelfth Amendment to the Engineering Services Agreement, Page I 0 1II. 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 9`h day of July, 1998. CITY OF BAYTOWN IC ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, SR., Attorney PETE C. ALFARO, Mayor WAYNE SMITH & ASSOCIATES, INC. R. WAYNE SMITH, President ATTEST: Secretary 0 c:ltilyDocumcnts\ Contractsu lmcndl2WSmithSjo landcrWatcrLincl_xt.doc Twelfth Amendment to the Engineerin, Services Agreement, Page 2