Ordinance No. 8,646990812 -2
ORDINANCE NO. 8646
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AN AMENDMENT TO 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 WASTEWATER TREATMENT PLANT EXPANSION
AND IMPROVEMENT OF THE SANITARY SEWER COLLECTION SYSTEM;
AUTHORIZING PAYMENT IN THE AMOUNT OF TWENTY -FOUR
THOUSAND AND NO /100 DOLLARS ($24,000.00); 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, on the 12`h day of June, 1997, the City Council authorized the eighth
amendment to such agreement for the design of the East District Wastewater Treatment Plant
Expansion and improvement of the sanitary sewer collection system ( "Eighth Amendment "); and
WHEREAS, Owner and Engineer now desire to increase the scope of the work performed
pursuant to the Agreement and the Eighth Amendment; 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 the Amendment to 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
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 in the amount of TWENTY -FOUR THOUSAND AND
NO /100 DOLLARS ($24,000.00).
Section 3: That the City Manager is hereby granted general authority to approve a
decrease or an increase in costs by FIFTEEN THOUSAND AND NO /100 DOLLARS ($15,000.00)
or less, provided that the amount authorized in Section 2 hereof may not be increased by more than
twenty -five percent (25 %).
Section 4: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
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AMENDMENT
TO THE
EIGHTH AMENDMENT
OF THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
WAYNE SMITH & ASSOCIATES, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment to the 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, on the 12 " day of June, 1997, the City Council authorized the eighth
amendment to such agreement for the design of the East District Wastewater Treatment Plant
Expansion and improvement of the sanitary sewer collection system ( "Eighth Amendment "); and
WHEREAS, Owner and Engineer now desire to increase the scope of the work performed
pursuant to the Agreement and the Eighth Amendment;
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 and the Eighth Amendment.
II.
The provisions of the Agreement and the Eighth Amendment defining the "Project" are
hereby amended to include the following:
EXHIBIT A
Amendment to the 8 `h Amendment of the Engineering Services Agreement, Page 1
E
Engineering Services for (i) the design of the East District Wastewater Treatment
Plant Expansion, (ii) the improvement of the sanitary sewer collection along Ferry
Road, and (iii) construction material engineering testing, including, but not limited
to, density, plastic index and moisture testing on soils and concrete compressive
strength testing for structures.
III.
The provisions of this Amendment and the provisions of the Eighth Amendment and 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
Eighth Amendment and/or 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 12`h day of August, 1999.
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
MONTE MERCER, City Manager
WAYNE SMITH & ASSOCIATES, INC.
ATTEST:
Secretary
R. WAYNE SMITH, President
c:kl h 1861 Engineering \EngineeringAgreementsl. W ayneSmith .Amendment2AmendmentNo8
Amendment to the 8'h Amendment of the Engineering Services Agreement, Page 2
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99 ®812 -2a
® INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
® of Baytown this the 12" day of August, 1999.
PETE C. ALFARO, Mayor
ATTEST:
EILEEN P. HALM, City Clerk
APPROVED AS TO FORM:
•'• '�• Attorney
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