Ordinance No. 8,785991209 -6
ORDINANCE NO. 8785
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
APPROVING AN AMENDMENT TO THE AMENDMENT OF THE ENGINEERING
SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND BUSCH,
HUTCHISON & ASSOCIATES, INC., FOR THE PREPARATION OF PLANS AND
SPECIFICATIONS FOR THE 1998 MUNICIPAL STREET REHABILITATION PROGRAM;
AUTHORIZING PAYMENT IN THE AMOUNT OF TWELVE THOUSAND AND NO /100
DOLLARS ($12,000.00); MAKING OTHER PROVISIONS RELATED THERETO; AND
PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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WHEREAS, the City of Baytown ( "Owner ") and Busch, Hutchison & Associates, Inc., ( "Engineer ") did
enter into an Engineering Services Agreement on August 2, 1991; and
WHEREAS, on the 28`x' day of May, 1998, the City Council authorized the Amendment to such
agreement for the preparation of plans and specifications for the 1998 Municipal Street Rehabilitation Program
(the "Amendment "); and
WHEREAS, Owner and Engineer now desire to increase the scope of work performed pursuant to the
Agreement and the 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
this Amendment to the Amendment of the Engineering Services Agreement by and between the City of
Baytown and Busch, Hutchison & Associates, Inc., for the preparation of plans and specifications for the 1998
Municipal Street Rehabilitation Program. 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 Busch, Hutchison
& Associates, Inc., in the amount of TWELVE THOUSAND AND NO/] 00 DOLLARS ($12,000.00).
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.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 9"' day of December, 1999.
,ems. C
PETE C. ALFARO, Mayor
ATTEST: i
r /
EILEEN P. HALL,;_ ity Clerk
®
APPROVED /',.S TO FORM:
i
RAMIREZ, SR, C)ty Attorney
E
AMENDMENT TO THE AMENDMENT
OF THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
BUSCH, HUTCHISON & ASSOCIATES, INC.
STATE OF TEXAS
COUNTY OF HARRIS
This Amendment ( "this Amendment ") to the Amendment dated June 2, 1998, ( "the
Amendment ") to that certain "Engineering Services Agreement" between the City of Baytown and
Busch, Hutchison & Associates, Inc., dated August 2, 1991, ( "Agreement ") is made by and between
the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and Busch, Hutchison & Associates, Inc.,
( "Engineer ") did enter into the Agreement on August 2, 1991; and
WHEREAS, on the 28`h day of May, 1998, the City Council authorized the Amendment to
such Agreement for the preparation of plans and specifications for the 1998 Municipal Street
Rehabilitation Program; and
WHEREAS, Owner and Engineer now desire to increase the scope of the work performed
pursuant to the Agreement and the 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 Amendment.
II.
The provisions of the Agreement and the Amendment defining the "Project" are hereby
amended to include the following:
Engineering Services to change the basis of compensation for basic engineering
design services from five percent (5%) to six percent (6%) of the construction cost
for the remaining streets to be designed - Oklahoma, Market and West Main Streets:
HIBIT A.
Amendment to the Amendment of the Engineering Services Agreement, Page 1
E
0 III.
El'�
The provisions of this Amendment and the provisions of the 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 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 day of December, 1999.
CITY OF BAYTOWN
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
MONTE MERCER, City Manager
BUSCH, HUTCHISON & ASSOCIATES, INC.
M.
ATTEST:
Secretary
JAMES P. HUTCHISON, President
c:1MyDocuments\ Contractsl Amendment2Amendment98MunicipalStRehabProgram .doc
Amendment to the Amendment of the Engineering Services Agreement, Page 2
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