Ordinance No. 9,685ORDINANCE NO. 9685
® 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 AMENDMENT NO. 1 TO THE ENGINEERING
SERVICES AGREEMENT WITH MICRO AIR OF TEXAS, INC., FOR ADDITIONAL
ASBESTOS CONSULTING AND TESTING SERVICES RELATED TO THE
ABATEMENT OF ASBESTOS - CONTAINING MATERIALS AT THE COMMUNITY
CENTER; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF
ADDITIONAL FUNDS IN THE AMOUNT NOT TO EXCEED TEN THOUSAND
SEVEN HUNDRED AND NO 1100 DOLLARS ($10,700.00); 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 l: 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 Amendment No. 1 to the Engineering
Services Agreement with Micro Air of Texas, Inc., for additional asbestos consulting and testing services
related to the abatement of asbestos - containing materials at the Community 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 payment of additional
funds to Micro Air of Texas, Inc., in an amount not to exceed TEN THOUSAND SEVEN HUNDRED
AND NO /100 DOLLARS ($10,700.00) for additional asbestos consulting and testing services in
accordance with the contract.
Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted general authority to approve a decrease or an increase in costs by TWENTY -FIVE
THOUSAND AND NO 1100 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 11 to day of December, 2003.
PETE C. ALFARO, Mayor
ATTEST:
GOY W. MITH, City Clerk
APPROVED AS TO FORM:
•
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ANA�CIORIAMJREZ, SR ty Attorney
F: 1Kare &forConmiunityCentecdoc
• FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
MICRO -AIR OF TEXAS, INC.
40
STATE OF TEXAS 5
5
COUNTY OF HARRIS S
This First Amendment ( "Amendment ") to that certain "Professional Services Agreement"
between the City of Baytown and Micro Air of Texas, Inc., dated July 23, 2003, is made by and
between the same parties on the date hereinafter last specified.
WITNESSETH:
WHEREAS, the City of Baytown ( "Owner ") and Micro Air of Texas, Inc.,
( "Professional ") did enter into a Professional Services Agreement on July 23, 2003,
( "Agreement ") for asbestos consulting and testing services related to the abatement of asbestos -
containing materials at the Community Center; and
WHEREAS, the abatement project to date has taken 6 more days to complete than
originally proposed because the scope of the abatement work changed (1) to remove an additional
816 square feet of asbestos - containing 12 "x12" green floor tile and black mastic adhesive and
carpet from 5 office areas and a hallway located on the north central portion of the Community
Center and (ii) to remove an additional 1750 linear feet of asbestos - containing pipe insulation
and fittings located throughout the building above plaster ceilings and /or other areas not
previously identified in the original scope of work; and
WHEREAS, the asbestos contractor must still remove approximately 2500 square feet of
roof flashing, which will take approximately an additional 17 days to abate; and
WHEREAS, Owner desires Professional to continue its asbestos consulting and testing
services for these additional periods, which were not originally contemplated at the time the
Agreement was executed; and
WHEREAS, Owner and Professional agree to amend the Agreement for these additional
services;
NOW THEREFORE, for and in consideration of the mutual covenants and agreements
herein contained, the parties hereto do hereby mutually agree as follows:
EMIT A
First Amendment to the A reement for Professional Services, Page 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.
Exhibit "A" shall be replaced with the 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 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 11 `" day of December, 2003.
MICRO AIR OF TEXAS, 1NC.
Sig /natture)
�Kl L �/TZr�✓
(Printed Name)
(Title)
First Amendment to the Agreement for Professional Services, Page 2
CJ
CITY OF BAYTOWN
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
ACIO RAMIRE OR., City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
PETE C. ALFARO, Mayor
Before me on this day personally appeared Eric , in his
capacity as t��eai dte %,AA of Micro Air of Icon on behalf of
such company,
(,lone)
known to me;
proved to me on the oath of
or
✓ proved to me through his current TOI..
{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)
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 this6�^ day of �2003.
pKAREN L. H ORNER Public in and for the State of Texas
Notary Public, State of Texas
Commission Expires May 9, 2IX16
F: arcn\ i es ngincering4Wrehnect AgreementsNiN icro Air of Texas\Contmunity Center Consulting & Testing ServicesVirstAntendfnent. doe
First Amendment to the Agreement for Professional Services, Page 3
0
Exhibit A
Services required under this contract, including all costs for reimbursable expenses, shall
be a fee not to exceed the following for each phase of service based upon time, materials, and
documentation at the standard hourly rates detailed hereinbelow
*No overtime shall be charged to the City unless Professional obtains the written approval of the
City Representative prior to the service being performed.
* *The compensation specified herein shall not include the TDH reporting fee, which is estimated
to be $3,000.00. Such fee will be billed directly to the City by TDH.
Exhibit "A," Page Solo
Not -to- exceed
Service
Cost
figure
Abatement Monitoring/Surveillance Services
Standard Rate
$50.001 hour
$ 20,800.00
Overtime Rate
575.00/hour
3,000.00
Individual Asbestos Consultant Services
$75.00/hour
6,900.00
Final Report Documentation
535.00/hour
4,900.00
Total Not -to Exceed Amount
S35,600.00
*No overtime shall be charged to the City unless Professional obtains the written approval of the
City Representative prior to the service being performed.
* *The compensation specified herein shall not include the TDH reporting fee, which is estimated
to be $3,000.00. Such fee will be billed directly to the City by TDH.
Exhibit "A," Page Solo