Ordinance No. 8,81720000127 -6
ORDINANCE NO. 8817
® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,
TEXAS, APPROVING AN AMENDMENT TO FIFTH AMENDMENT TO THE
AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF
BAYTOWN AND LANGFORD ENGINEERING, INC., FOR THE LAKEWOOD
SANITARY SEWER DIVERSION PROJECT; AUTHORIZING PAYMENT IN
THE AMOUNT OF THIRTY -SIX THOUSAND FIVE HUNDRED SEVENTY
AND NO 1100 DOLLARS ($36,570.00); MAKING OTHER PROVISIONS
RELATED THERETO AND PROVIDING FOR THE EFFECTIVE DATE
THEREOF.
WHEREAS, the City of Baytown (the "City ") and Langford Engineering, Inc., (the
"Engineer ") did enter into an Engineering Services Agreement on August 2, 1991; and
WHEREAS, on the 26`h day of September, 1996, the City Council authorized the fifth
amendment to such agreement for the design and preparation of plans and specifications for
approximately one -half of the flow of the Lakewood sewer system directly to the West District Plant
( "Fifth Amendment "); and
WHEREAS, Owner and Engineer now desire to amend the Fifth Amendment so that the
costs of the engineering aspect of the project more precisely reflect the true costs, which have
increased due, in part, to (i) problems encountered in routing the force main, (ii) increased research
concerning the necessary easements, (iii) suspension of work requested by the City, and (iv)
performance of surveying and permitting work; 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 Fifth Amendment to the Agreement for Engineering Services
between the City of Baytown and Langford Engineering, Inc., for the design and preparation of plans
and specifications for approximately one -half of the flow of the Lakewood sewer system directly to
the West District 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 additional payment
to Langford Engineering, Inc., of a sum not to exceed THIRTY -SIX THOUSAND FIVE
HUNDRED SEVENTY AND NO /100 DOLLARS ($36,570.00).
Section 3: That the City Manager is hereby granted general authority to approve a
decrease or an increase in costs of engineering services for the project identified in Section 1 by
TWENTY -FIVE THOUSAND AND NO /100 DOLLARS ($25,000.00) 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.
20000127 -6a
® INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City
of Baytown this the 27 " day of January, 2000.
x� C d444,-
PETE C. ALFARO, Mayor
r.
ATTEST:
EI EEN P. HA L, City Clerk
ACIO RAMI ., City Attorney
c AM h2271Counci ROrd inances \LangfordAmendment25thAmendment
AMENDMENT
TO THE
FIFTH AMENDMENT
OF THE
ENGINEERING SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
LANGFORD ENGINEERING, INC.
STATE OF TEXAS §
COUNTY OF HARRIS §
This Amendment to the Fifth Amendment ( "Amendment ") to that certain "Engineering Services
Agreement" between the City of Baytown and Langford Engineering, 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 (the "Owner ") and Langford Engineering, Inc., (the "Engineer ")
did enter into an Engineering Services Agreement on August 2, 1991; and
WHEREAS, on the 26th day of September, 1996, the City Council authorized the fifth amendment
to such agreement for the design and preparation of plans and specifications for approximately one -half of
the flow of the Lakewood sewer system directly to the West District Plant ( "Fifth Amendment "); and
WHEREAS, Owner and Engineer now desire to amend the Fifth Amendment to increase the scope
of the work to include the performance of surveying and permitting work;
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 Fifth Amendment.
II.
The provisions of the Agreement and the Fifth Amendment defining the "Project" are hereby
amended to add surveying and permitting services necessary to completely perform the project.
III.
The total compensation for the services of the Engineer detailed in this Amendment and the Fifth
is Amendment is hereby increased by a sum not exceed THIRTY -SIX THOUSAND FIVE HUNDRED
SEVENTY AND NO /100 DOLLARS ($36,570.00).
(NIT A.
Amendment to the 1: ifth Amendment of the Engineering Services Agreement, Page 1
0 IV.
The parties hereto expressly understand and agreed that this Amendment and the Fifth Amendment
concerning Lakewood Sanitary Sewer Diversion Project is a time and materials contract as specified in the
Agreement.
km
The provisions of this Amendment and the provisions of the Fifth 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 Fifth 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 27th day of January, 2000.
CITY OF BAYTOWN
IM
ATTEST:
EILEEN P. HALL, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE ., City Attorney
MONTE MERCER, City Manager
LANGFORD ENGINEERING, INC.
ATTEST:
Secretary
JOHN KIMSEY DAVIS, P.E.
President
c: klh2271Engineeri ng\EngineeringAgreementsl. Langford \LangfordAmendment2AmendmentNo 5
Amendment to the Fifth Amendment of the Engineering Services Agreement, Page 2