Ordinance No. 9,709STATE OF TEXAS
COUNTY OF HARRIS
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
BY AND BETWEEN
THE CITY OF BAYTOWN
AND
DE OPLOSSING, INC.
§
§
§
This First Amendment ("Amendment") to that certain "Professional Services Agreement"
between the City of Baytown and de Oplossing, Inc., dated June 24, 2003, is made by and
between the same parties on the date hereinafter last specified.
WITNES SETH:
WHEREAS, the City of Baytown ("Owner") and de Oplossing, Inc., ("Professional") did
enter into a Professional Services Agreement on June 24, 2003, ("Agreement") to perform a
microbial investigation as well as to perform re -bid solution and construction management
services for the Baytown Court and Jail Facility; and
WHEREAS, the construction management services performed by the Professional were
more extensive than originally contemplated and mold remediation must be performed after the
new roof is installed; and
WHEREAS, Owner desires Professional to continue performing services related to this
project; 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:
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
Rx Date/Time MAY-25-2004(TUE) 11 39
May 25 04 11:43a
P.003
P.3
II.
Exhibits "A," "B" and "C" shall be replaced with the Exhibits "A," "B" and "C" which
are attached hereto and incorporated herein for all intents and purposes.
Di.
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 22nd day of January, 2004.
DE OPLOSSING, INC.
CJ64J4vi
(Signature)
1 /LGEA✓-f#azel
(Printed Name)
st-VAryt ,%rr`cr innivitiaz
(Title)
CITY OF BAYTOWN
By: d
64)
SMITH, City Clerk
C
PETE C. ALFAR , Mayor
First Amendment to the Agreement for Professional Services, Page 2
Rx Date/Time MAY-25-2004(TUE)
Ma 25 04 11:43a
11:39
P. 009
p.4
APPROVED AS TO FORM:
NACIO RAMIREZ, ,$'tjt., City Attorney
STATE OF TEXAS
COUNTY OF HARRIS
capaci
such corn any,
Before a on this day ersonally appeared
ty
zrfs
X known to me;
proved to me on the oath of
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}
in his
, on bkhalf of
; or
(,%ne)
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/ay of 2004.
;tee
Not., uublic in and for the Stat o
MOINE C. tall" I
Nagar duo
Oat OF
F:1ICarcn\FikslEngineering1Engineering Agreements\de Oplossing, Inc\Court and Jail ReBid, Mold & Construction management Scrviccs\FiTstAmendmcrn.doe
First Amendment to the Agreement for Professional Services, Page 3
EXHIBIT A
Compensation
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 and materials at
the standard hourly rates detailed hereinbelow
Events
Cost -Not -To -Exceed
Microbial investigation
$ 4,500.00
Re -Bid Solicitation Services
4,920.00
Construction Management Services
18,196.39
Roof Inspection Services
3,143.61
Mold Remediation Services
3,500.00
TOTAL NOT TO EXCEED
$34,260.00
RATE SCHEDULE
Personnel:
Construction Specialist
Mechanical Engineering Specialist $ 90.00 per hour
$ 90.00 per hour
EXHIBIT B
REIMBURSABLE EXPENSES
All costs for reimbursable expenses shall be a fee not to exceed TWO THOUSAND AND
NO/100 DOLLARS ($2,000.00), based upon the actual cost to the Professional for such
expenses.
EXHIBIT C
TIME SCHEDULE
The following is a time schedule in which the Professional shall perform the services
required in this Agreement. Each event listed below shall not exceed the time limit stated and
the time shall be calculated based upon the date of the notice to proceed issued by the City for
each phase of services:
Events
Calendar Days
Microbial investigation
Re -Bid Solicitation Services
Construction Management Services
Until Completion of the Work
Roof Inspection Services
Until Completion of the Work
Mold Remediation Services
10 days
EXHIBIT D
SCOPE OF WORK
The Professional shall perform a microbial investigation as well as perform re -bid solution and
construction management services for the Baytown Court and Jail Facility for and on behalf of the
City:
1. Microbial investigation
The Professional, through Moisture Technology Corporation (M/TEC), will collect air
samples as necessary to gather information about indoor air quality within two (2) interior
areas where microbial activity is suspected
Exterior base -line sampling will also be performed. Further, one air sample will be taken
from each of the two wall cavities in question. Last, two wall sections will be removed
and physical sampling will be performed within each wall cavity. Both diagnostic and
prescriptive data will be developed and the City will receive the information in a written
report containing a presentation of in situ conditions that actually exist. This same report
will present an opinion concerning whether or not a need for remediation exists, or specific
recommendations for further testing that will identify the problem(s) involved. The
Professional's design recommendations will be totally governed by the requirements of
each assembly, without prejudice toward any specific product or methodology.
Additionally, the scope of services shall include the following:
1. M/TEC will conduct a detailed study of two (2) interior areas where microbial
activity is suspected. This will include air sampling and physical sampling of the
two specific areas.
2. M/TEC will conduct two base -line air samples, two interior air quality samples, two
concealed wall cavity samples and two bulk samples within wall cavities. Wall
cavity sampling includes cutting of observation ports, removal of trash and debris
and post sample containment until permanent repairs can be made by others.
3. M/TEC will issue a written report pertaining to the interior environmental
conditions in question. This report will contain the following information:
a. Inspection observations, technical data, and photographs, including a critique
designed to bring all of these various elements into correct perspective,
reflecting conditions that actually exist.
b. Recommendations identifying the remedial work that should be performed.
c. This same report will present an opinion concerning whether or not a need for
remediation exists, or specific recommendations for further testing that will
identify the problems involved.
2. Re -Bid Solicitation Services
Utilizing the re -bid solicitation documents prepared by the Professional, as amended based
upon the results of the microbial investigation and as otherwise amended by the City, the
Professional shall monitor and manage the process of re -bidding the individual re -bid
packages to qualified contractors to ensure the City of Baytown receives a quality project
when complete.
3. Construction Management Services
Upon awarding the contract(s), the Professional will provide construction management
services to assist the City with the successful bidder(s). These services will include, but not
be limited to, the following:
a. Job site observations as necessary to complete the Work,
b. Periodic pay application reviews, and
c. Final project review upon completion of all phases of work.
4. Roof Inspection Services
The Professional shall inspect the installation of the new roof for quality assurance/quality
control purposes.
5. Mold Remediation Services
Upon the completion of the Work, the Professional shall perform all necessary mold
remediation services.