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Ordinance No. 10,070Ordinance No. 10,070 ® 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 FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH DE OPLOSSING, INC., FOR CONSTRUCTION MANAGEMENT SERVICES FOR THE CONSTRUCTION OF THE EMERGENCY OPERATIONS CENTER; AUTHORIZING ADDITIONAL FUNDS IN AN AMOUNT NOT TO EXCEED TEN THOUSAND SEVEN HUNDRED SIXTY - EIGHT AND NO /100 DOLLARS ($10,768.00); MAKING OTHER PROVISIONS RELATED THERETO; 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 and directs the City Manager to execute and the City Clerk to attest to the First Amendment to the Professional Services Agreement with de Oplossing, Inc., for construction management services for the construction of the Emergency Operations Center. 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 funds payable to de Oplossing, Inc., in an amount not to exceed TEN THOUSAND SEVEN HUNDRED SIXTY - EIGHT AND NO /100 DOLLARS ($10,768.00) for professional services in accordance with the contract. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE THOUSAND AND NO/] 00 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. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 26`s day of May, 2005. I CALVIN MUNDTNGER, Mayor ATTEST: G R` W. SMITH, City Clerk APPROVED AS TO FORM: ® 4W46e�� '4V ACIO RAMIREZ, SR., City/Altorney RAKarcn%Files \City Council \OrdinancesQOOS\May eOplossingAmcndmcm4EOC.doc FIRST AMENDMENT ® TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND DE OPLOSSING, INC. L� STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment ( "Amendment ") to that certain "Professional Services Agreement" between the City of Baytown and de Oplossing, Inc., authorized by the City Council on April 8, 2004, is made by and between the same parties on the date hereinafter last specified. WITNESSETH: WHEREAS, the City of Baytown (the "City ") and de Oplossing, Inc., ( "Professional ") did enter into a Professional Services Agreement, which was authorized by the City Council on April 8, 2004, ( "Agreement ") to perform construction management services for the construction of the Emergency Operations Center (the Project "); and WHEREAS, the construction management services performed by the Professional are more extensive than originally contemplated; and WHEREAS, the City desires Professional to continue performing services related to this project; and WHEREAS, the City and Professional agree to amend the Agreement for the continuation of construction management services in accordance with the Agreement with the revised compensation as incorporated herein; 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. .A11 II- First Amendment to the Agreement for Professional Services, Page 1, II.. ® Exhibit "A" as incorporated into the Agreement shall be replaced with Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. 0 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. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City'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 May, 2005, the date of execution by the City Manager. DE OPLOSSING, INC. (Signature) (Printed Name) (Title) CITY OF BAYTOWN ATTEST: GARY W. SMITH, City Clerk First Amendment to the Agreement for Professional Services, Page 2 GARY JACKSON, City Manager ® 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 de Oplossing, 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 2005. Notary Public in and for the State of Texas ® FlrstAnlendmentR:\ Karen \Files \Engineering \Engineering Agreements \de Oplossing, Inc \EOC \FlrstAnlendment.doc First Amendment to the Agreement for Professional Services, Page 3 • EXHIBIT A Compensation Services required under this contract shall be a fee not to exceed SIXTY THOUSAND SIX HUNDRED FORTY -THREE AND NO/ 100 DOLLARS ($60,643.00) based upon time and materials at the standard hourly rate of NINETY -FIVE AND NO /100 DOLLARS ($95.00). FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT BY AND BETWEEN THE CITY OF BAYTOWN AND DE OPLOSSING, INC. STATE OF TEXAS § COUNTY OF HARRIS § This First Amendment ("Amendment") to that certain "Professional Services Agreement" between the City of Baytown and de Oplossing, Inc., authorized by the City Council on April 8, 2004, is made by and between the same parties on the date hereinafter last specified. WITNES SETH: WHEREAS, the City of Baytown (the "City") and de Oplossing, Inc., ("Professional") did enter into a Professional Services Agreement, which was authorized by the City Council on April 8, 2004, ("Agreement") to perform construction management services for the construction of the Emergency Operations Center(the Project"); and WHEREAS, the construction management services performed by the Professional are more extensive than originally contemplated; and WHEREAS, the City desires Professional to continue performing services related to this project; and WHEREAS, the City and Professional agree to amend the Agreement for the continuation of construction management services in accordance with the Agreement with the revised compensation as incorporated herein; 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. First Amendment to the Agreement for Professional Services,Page 1 II. Exhibit "A" as incorporated into the Agreement shall be replaced with Exhibit "A," which is attached hereto and incorporated herein for all intents and purposes. 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. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City'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 AV-4 day of May, 2005, the date of execution by the City Manager. DE OPLOSSING, INC. (21 f (Signature) 1/j/ s/47�y (Printed Name) 51714V tkJI-Zi 0/301E( (Title) CITY OF BAYTOWN By: GARY J KSON, City Manager ATTEST: .AR W. SMITH, City Clerk First Amendment to the Agreement for Professional Services,Page 2 APPROVED AS TO FORM: NACIO RAMIREZ, S ty Attorney STATE OF TEXAS § COUNTY OF HARRIS § Before me on this day personally appeared C .A. :5hif ley , in his capacity as F>eni or r-Frorck tiariNcle r of de Oplossing, Inc., on behalf of such corporation, +7 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 Max( 2005. • G "et. KAREN L.HORNER Notary Public,State of Texas 1 No ary Public in and for the State of Texas Commission Expires May 9,2006 1\'11ti'`'\11l'`Z111 t11�1 111.11� FirstAmendmentRAKarenTilesEngineering\Engineering Agreements\de Oplossing,Inc\EOCTirstAmendment.doc First Amendment to the Agreement for Professional Services,Page 3 EXHIBIT A Compensation Services required under this contract shall be a fee not to exceed SIXTY THOUSAND SIX HUNDRED FORTY-THREE AND NO/100 DOLLARS ($60,643.00) based upon time and materials at the standard hourly rate of NINETY-FIVE AND NO/100 DOLLARS ($95.00).