Ordinance No. 14,139ORDINANCE NO. 14,139
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND
THE CITY CLERK TO ATTEST TO THE SECOND AMENDMENT TO THE
STANDARD FORM OF AGREEMENT WITH RESOURCE PLANNING
ARCHITECTS, INC., FOR DESIGN, BID AND CONSTRUCTION PHASE
SERVICES ASSOCIATED WITH THE BRUNSON THEATER RENOVATION
PROJECT; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN
AMOUNT NOT TO EXCEED THIRTY-ONE THOUSAND THREE HUNDRED
FIFTY AND NO.100 DOLLARS ($31,350.00); MAKING OTHER PROVISIONS
RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 and
directs the City Manager to execute and the City Clerk to attest to the Second Amendment to the Standard
Form of Agreement with Resource Planning Architects, Inc., for design, bid and construction phase
services associated with the Brunson Theater Renovation Project. A copy of the 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 Resource
Planning Architects, Inc., in an amount not to exceed THIRTY-ONE THOUSAND THREE HUNDRED
FIFTY AND NO 100 DOLLARS ($31,350.00) for professional services in accordance with the
agreement authorized in Section 1 hereinabove.
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 81h day of August, 2019. -.—E
BRANDON CAPETILLO, M or
JTIAT:
CIA BRYSCH, Ci lerk S 4%'Sd'aa.`
U.
APPROVED AS TO FORM: 00 '
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4IACIO RAMIREZ, SR., Ctt ttorney �
R:1KarenTileslCity Council Ordinances\2019\August 8 RPA2ndAmendment4BnmsonRenovationProject.doc
Exhibit "A"
SECOND AMENDMENT
TO THE
STANDARD FORM OF AGREEMENT
BETWEEN OWNER AND CONSULTANT
FOR
PROFESSIONAL SERVICES
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("Second Amendment") to that certain Standard Form of
Agreement Between Owner and Consultant for Professional Services between the City of
Baytown (the "Owner") and Resource Planning Architects, Inc. (the "Consultant"), dated the 18'h
day of September, 2017, is made by and between the same parties on the date hereinafter last
specified.
WITNESSETH:
WHEREAS, the Owner and the Consultant did enter into an agreement, dated the 181h
day of September, 2017, ("Agreement") to perform architectural and engineering services for the
renovation of the Brunson Theater located at 311 W. Texas Ave., Baytown, TX 77520 (the
"Project"); and
WHEREAS, on August 22, 2018, the Owner and the Consultant entered into the First
Amendment to the Agreement for the additional services associated with certain information
technology items, which items necessitated not only moving, adding, and eliminating power
outlets, data drops, and equipment locations but also adding an additional electrical panel to the
Project, at a cost of SIX THOUSAND ONE HUNDRED SEVENTY-FIVE AND NG 100
DOLLARS ($6,175.00) (the "First Amendment"); and
WHEREAS, the Owner and the Consultant desire to amend the Agreement again for the
certain moisture mitigation services, which are to be included in Contractor's Change Order Nos.
6 and 7, at a cost of TWENTY-FIVE THOUSAND ONE HUNDRED ELEVEN AND NO 100
DOLLARS ($25,110.00) (the "Second Amendment"); and
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
1. Definitions. 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 First Amendment.
Second Amendment to the Standard Form of Agreement. Page 1
2. Amendments.
a. Section A2.01 "Additional Services Requiring Owner's Authorization in
Advance," of Exhibit "A" of the Agreement is hereby amended to include
moisture mitigation solutions proffered by the Consultant.
b. Section C4.03.A.I of Exhibit C of the Agreement is hereby amended to include
TWENTY-FIVE THOUSAND ONE HUNDRED ELEVEN AND NO 100
DOLLARS ($25,110.00) for the additional services specified in subsection a
hereinabove.
3. Interpretation. The provisions of this Second Amendment and the provisions of the First
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
Second Amendment and the provisions of the First Amendment or the Agreement, the
provisions of this Second Amendment shall control. Nothing contained in this Second
Amendment, the First Amendment or the Agreement shall be construed in any way to
limit or to waive the Owner's sovereign immunity.
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 , 2019, the date of
execution by the City Manager.
RESOURCE PLANNING ARCHITECTS,
INC.
(Signature)
(Printed Name)
(Title)
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
Second Amendment to the Standard Form of Agreement, Page 2
ATTEST:
LETICIA BRYCH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared , in his
capacity as of Resource Planning Architects, Inc., on behalf of
such corporation,
known to me;
proved to me on the oath of ; or
proved to me through his current
--..-. - -
(description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person)
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration therein expressed.
SUBSCRIBED AND SWORN before me this day of 2018.
Notary Public in and for the State of Texas
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Second Amendment to the Standard Form of Agreement, Page 3