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Ordinance No. 8,734991028 -6 ORDINANCE NO. 8734 ® AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT FOR ARCHITECTURAL SERVICES BETWEEN THE CITY OF BAYTOWN AND WIGINTON HOOKER JEFFRY, P.C., FOR THE JAIL AND MUNICIPAL COURT COMPLEX; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** 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 Architectural Services Agreement with Wiginton Hooker Jeffry, P.C., for the Jail and Municipal Court Complex. 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 28t" day of October, 1999. ;ATTEST: EILEI N P. FALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ SR , City Attorney c:klh204 \CityCouncil \Ordinances\ I stAmendmentWffiContractOrdinance 4m e. PETE C. ALFARO, Mayor ® FIRST AMENDMENT TO THE ARCHITECTURAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND WIGINTON HOOKER JEFFRY, P.C. FOR THE JAIL AND MUNICIPAL COURT COMPLEX STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment ( "Amendment ") to that certain "Standard Form of Agreement between Owner and Architect" (AIA document B141 -1987 as modified) between the City of Baytown and Wiginton Hooker Jeffry, P.C, dated June 9, 1998, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown ( "Owner ") and Wiginton Hooker Jeffry, P.C, ( "Architect ") did enter into a "Standard Form of Agreement between Owner and Architect" (AIA document B141 -1987 as modified) on June 9, 1998, ( "Agreement "); and WHEREAS, Owner and Architect now desire to increase the reimbursable budget from $20,000 to $35,000; and 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. II. Supplemental Condition No. 35 shall be amended to read as follows: Before the OWNER shall be liable for any of the above - referenced reimbursable expenses, the ARCHITECT must obtain prior written approval of the OWNER or the Owner's Representative of any expenses that exceeds $4,000 per month or $35,000, for which architect seeks reimbursement. The OWNER agrees that the approval of ® expenses will not be unreasonably withheld. IBI T A First Amendment to the Architectural Services Agreement - Page 1 n Before the OWNER shall be liable, all travel must be approved by the OWNER before said travel. III. 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 day of October, 1999. CITY OF BAYTOWN ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: ACIO RAMIREZ, S ity Attorney MONTE MERCER, City Manager 3WINTERNATIONAL ENVIRONMENTAL GROUP ATTEST: Secretary (Printed Name) c: klh2o41Engineering \ArchitectAgreementslwHJ\Fi rs tAmendmentEngineeringAgreement First Amendment to the Architectural Services Agreement - Page 2