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HomeMy WebLinkAbout1987-2042083L NO AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND MAXIM ENGINEERS, INC FOR ENGINEERING SERVICES, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR, AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the Mayor is authorized to execute an agreement etween the City of Denton and Maxim Engineers, Inc for the purpose of providing asbestos consulting engineering, inspection and testing services at the Denton Power Plant, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof SECTION II That the City Council hereby authorizes the expen i ure o unds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective imme late y upon its passage and approval PASSED AND APPROVED this the %' day ofI&AMd& _, 1987 ATTEST J I A TE , C T 'RETARY APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Maxim Engineers, Inc Geotechnical Materials Testing Consultants September 9, 1987 Mr Tom D Shaw, C P M Assistant Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 Re Proposal No 7-1132 Asbestos Removal Turbine Nos 4 & 5 Rebuild Denton Power Plant Denton, Texas Dear Mr Shaw Pursuant to your recent request, Maxim Engineers, Inc is pleased to provide the following proposal for asbestos -related consulting engineering, inspection and testing services on the above referenced project The project consists of removal of asbestos - containing insulation materials from generator turbine and associated piping/components Maxim proposes to provide the following 1 Contract Services - Services to include conducting of a pre -bid meeting and walk-through with prospective contractors, review of specifications and addenda recommendations, evaluating bids and providing recommendations for the successful contractor Not to exceed cost $1,100 00 gxoject Inspection/Air Monitoring - Services to include coordinating and inspecting of the work performed by the abatement contractor Once asbestos removal work starts, a representative of Maxim will be on -site full-time to inspect the contractor's work, collect and analyze (on -site) air samples by Phase Contrast Microscopy in accordance with EPA and OSHA requirements and recommended practices (based on anticipated construction schedule of 4 weeks, 6 days/week, 12 hours/day for each turbine -- may decrease or increase in relation to actual contractor's scheduling) Estimated cost $25,920 00 PO Fab ens PO Box 59902 G Dallas Texas 75229 (214) 247 7575 ASBESTOS SCHEDULE OF FEES FOR CITY OF DENTON I Personnel Services Industrial Hygiene Technician (building survey and bulk sample collection) $ 40 00/hr Industrial Hygiene Technician (on -site inspec- tion and air monitoring during abatement, includes collection and on -site analysis of up to 8 PCM air filters per 8-hour shift)* $ 45 00/hr Industrial Hygienist $ 55 00/hr Certified Industrial Hygienist $ 75 00/hr Staff Professional $ 75 00/hr Staff Architect $ 55 00/hr Drafting $ 30 00/hr Secretarial $ 25 00/hr * additional samples in excess of 8 per 8-hour shift will be billed at the standard analytical rate II Analytical Services (Dallas Laboratory) PLM Bulk Sample Analysis $ 35 00 ea X-Ray Diffraction Bulk Sample Analysis $175 00 ea SEM/a Bulk Sample Confirmation $275 00 ea PCM Air Filter Analysis $ 30 00 ea SEM Air Filter Analysis $275 00 ea TEM Air Filter Analysis $380 00 ea Equipment damage from personnel monitoring services will be additionally billed at replacement or repair cost + 20% Laboratory analysis turnaround for PLM and PCM methods 1s generally 24 hours, samples received at our laboratory by 10 00 a m , will generally have results reported verbally by 4 00 p m of that same day, samples received at our laboratory by 4 00 p m , will generally have results reported verbally by 10 00 a m the next day, SEM and TEM methods require 48 to 72 hours Shorter time periods, if required, can be accommodated Rush surcharge of 100% may apply on all samples Quantity discounts may apply These services are for projects in the Metropolitan Dallas/Fort Worth, Austin, and Tyler areas Projects outside of these areas will be additionally billed as follows - Vehicle Mileage Charge $0 40/mile + the hourly service rate - Per diem (meals & lodging) $75 00/day - Travel Expenses (airfare, auto rental, etc ) Cost + 20% - Long Distance & Mobile Communications Cost + 20% Terms of payment Due on receipt of invoice A finance charge of 1-1/2% per month will be added to past due accounts Rev B05227 It Maxim Engineers Inc Mr Tom D Shaw, C P M September 9, 1987 Page Two Only services actually utilized will be billed in accordance with the attached fee schedule Our services will be invoiced on a monthly testing or inspection unit -by -unit basis and will be sent to your office on the last day of each month Our final invoice will reflect the total aggregate for our services and invoices If this proposal is acceptable to you, please sign the enclosed copy and mail it to us, along with the completed "Agreement for Services", at your earliest convenience We appreciate the opportunity to provide professional asbestos - related services to the City of Denton Should you have any questions or require any additional information, please do not hesitate to contact our office at your convenience GWA tla Enclosures Agreement for Services Fee Schedule B cc Mr Gary Crisp ACCEPTED BY DATE Sincerely yours, MAXIM ENGINEERS, INC Gary W Andrews, Manager Technical Services F Maxim Engineers Inc A EEMENT FOR MATERIALS ENGINL ING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between The City of Denton hereinafter called CLIENT and MAXIM ENGINEERS INC a Texas corporation hereinafter called MAXIM, who agree as follows I DECLARATIONS CLIENT desires to engage MAXIM to provide Materials Engineering and related construction inspection and materials testing services in connection with CLIENT s project ( THE PROJECT ) described as follows asbestos cans0 ting engineering, inspection and testin services for Turbine Nos 4 & 5 Rebuild`Dentm Paver plant,. DentOn,Texas _ MAXIM has submitted a fee schedule to CLIENT a copy of which is attached hereto and made a part hereof as Exhibit A. for Materials Engineering and related construction inspection and materials testing services which fee schedule is acceptable to CLIENT 2 SCOPE OF WORK MAXIM shall provide Materials Engineering and related construction inspection and materials testing services for THE PROJECT in accordance with the accompanying proposed scope of services made apart hereof as Exhibit B and the terms and conditions set forth on the back of and made a part of this Agreement. EXECUTED THIS day of _ _ _ _ _ 19 - _ CLIENT _ (F6rn) - - - By-- - - - -- - - - - - Title -- - _ MAXIM ENGINEERS INC By- — - - - - Gary Andrews TO BE COMPLETED BY CLIENT Title -_ VP-= TechnicaL SerTices- - FOR PAYMENT OF SERVICES Invoice to the Account of Firm Address ---------- - _ Zip Code Phone Number _ Attention T _ _ _ _ Title FOR APPROVAL OF INVOICE If the invoice is to be mailed for approval to someone other than the account charged please indicate where to mail the invoice in the space below Firm Address -- --- ---- - - -- -- -- -- - - - - _ ------------ ----- _ _ -_ Zip Code _ Phone Number Attention _ Title r r TERMS AND C DITIONS TO AGREEMENT FOR MATE ALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES ARTICLE I SERVICES MAXIM will I I Act for CLIENT in a professional manner using that degree of care and skill ordinarily exercised by and consistent with the standards of the profession pracucing in the same or similar locality of THE PROJECT site 12 Provide only those services that in the opinion of MAXIM lie within the technical and professional areas of expense of MAXIM and which MAXIM is adequately staffed and equipped to perform 13 Perform all technical services under the general direction of a Registered Professional Engineer and in substantial accordance with the basic requirements of the appropriate Standards of The American Society for Tesung and Materials, where applicable or other standards designated by CLIENT 14 Promptly submit formal reports of all tests inspections and services performed indicating where applicable compliance with THE PROJECT specifications or other contract documents Such reports shall be complete andfaclual clung the tests performed methods employed valuesobtamed. parts of the structure or PROJECT area involved 15 Employ testing machines which have been calibrated within a period not exceeding twelve (12) months from the time of use by devices of arcuracy traceable to the National Bureau of Standards of the United States Department of Commerce and upon request submit to CLIENT or his authorized representative documentation of such calibration 16 Consider all reports to be the confidential property of CLIENT and distribute reports only to those persons organizations or agencies specrfi cally designated in writing by CLIENT or his authonzed representative 17 Retain all pertinent records relating to the services performed fora period of five years following submission of the report during which penod the records will be made available to CLIENT at all reasonable times ARTICLE2 CLIENTS RESPONSIBILITIES CLIENT or his authonzed represenmiise oil) 2 1 Provide MAXIM with all plans, specifications addenda change orders ipprosed shop drawings and other information for the proper performance of MAXIM 2' Issue authonzation in wrmns. giv ng MAXIM free access to THE PRO JECT site and to ill shops or yards Where materials are prepared or stored 2A Deslgnan in"nnnb a person orfirm to act asC I TEN F s representative with rLspc I a MgSIM S Sernaes to be perfommed under this Agreement such person or firm to have complete authority to liansmrt instructions receive mlorm coon ind data interpret and define CLIENTS policies and de cistonS with I Lspcct to THE PROJECT and to order at CLIENTS expense such IeLhnoLal senores as may be requesiLd by MAXIM 24 Desq nate in "ruing those persons or firms who are authonzed to receive copies of MAXIM s inspection and test reports 2 5 Advise. MAXIM sulficently in adcanLe of any operations so as to allow for dssif,n nLul of personnel by MAXIM for completion of the required SeMLes Such advance notice shall be in accordance with that established by mutual agncment of the parues 16 Direct THE PROJECT contractor either by the Construction Contract or direct written order to (a) Secure and deliver to MAXIM without cost to MAXIM preliminary representative samples of those materials he proposes to use which nqurrL testing together with any MILvant data of die materials (b) I urmi h such casual labor and all 14edltiLs needed by MAXIM to obtain and handle samples at THE PROJECT and to facilitate the specified inspLLuon and tests (L) Provdc and maintainfor the use of MAXIM adequate space atTHE PROJECT for safe storage and proper Lunnb of test specimens which must imam on THE PROJECT site prior to testing ARTICLE 3 GENERAL CONDITIONS 31 MAXIM by the performanceof servicesovered hereunder doeinotin any way assume abndge or abrogate any of those dunes responsibilities or authonms with regard to THE PROJECT customarily vested in THE PROJECT architects design engineers, or any other design agencies or authorities 32 MAXIM shall not he responsible for acts of omissions of any party or parties involved in the design of THE PROJECT or the failure of any contractor or subcontractor to construct any aspect of THE PROJECT in accordance with recommendations contained in any correspondence or verbal recommendation issued by MAXIM 13 MAXIM is not authorized to revoke alter relax, enlarge or release any requirement of THE PROJECT specifications or other contract documents not to approve or accept any portion of the work unless specifically authorized in writing by CLIENT or his authorized representative MAXIM shall not have the right of rejection or the right to slop the work, except for such penods as maybe required to conduct the sampling, testing or inspection of operations covered by the Agreement 34 This Agreement maybe terminated by either party on ten (10)days written notice or by mutual agreement If this Agreement is terminated by either party MAXIM shall be paid in full for all services performed through the tennmationdale and the CLIENT shall be provided with a complete report of the results of tests and analysis conducted pnor to termination 35 Neither CLIENT nor MAXIM may delegate assign, sublet or transfer his duties or interest in this Agreement without the written consent of the other parry 36 The only WARRANTY made by MAXIM in connection with its services Performed hereunder is that it will use that degree of care and skill as set forth in Article I I above No other WARRANTY expressed or Implied Is made or Intended for services provided hereunder or furnishing oral or written reports of findings made ARTICLE4 INSURANCE 41 MAXIM shall secure and maintain throughout the full period of this Agreement sufficient insurance to protect it adequately from claims under applicable Workmen s Compensation Acts and from claims for bodily injury death or property damage as may anse from the performance of services under this Agreement MAXIM will upon request file certification of such insurance coverage with CLIENT or his authorized representative Within the limns and conditions of such insurance MAXIM agrees to indemnify and save CLIENT harmless from and against any loss, damage or liability ansmg from any negligent acts by MAXIM its agents, staff and consultants employed by it. MAXIM shall not be responsible and CLIENT shall indemnify MAXIM for any loss, damage or liability arising from any negligent acts by CLIENT its agents staff and other consultants employed by ry eeeleyk 42 Nomsurance ofwhat r ik rid or type w wh ma ecamedby MAXIM is to be considered as in any way limning the contractors or subcontractor s responsibility for damages resulting from his operations or for furnishing work and materials to THE PROJECT CLIENT agrees, therefore in include or cause to be Included in THE PROJECT s construction contract such requirements for Insurance coverage and performance bonds to be secured and maintained by THE PROJECT contractor as CLIENT deems adequate to Indemnify CLIENT MAXIM, and other concerned parties, against claims for damages and to insure compliance of work performance and materials with PROJECT requirements ARTICLE S PAYMENT sl CLIENFwin pay MAXIM forsemLes andexpensesin accordancewith the attached fee schedule (Exhibit A) MAXIM will submit progress Invoices to CLIENT monthly and a final Invoice upon completion of its work Each invoice on presentation, is due and payable by CLIENI or his authonzed representative S> MAXIM shall be paid in full forall services underthe Agreement including any additional services in excess of those staled in the original Agreement as specifically authonzed by CLIFNT S3 the CLIENTS obligation to pay for the work contracted is in no way dependent upon the CLIENTS ability to obtain financing, approsal of governmental or regulatory agents, or upon the CLIENTS successful completion of the projeLL ARTICLE 6 EXTFNT OF AGRFEMENT The Agreement including these terms and conditions represents the enure agreement between CLIENT and MAXIM and supersedes all prior nego- nation& representations or aEreements written orcral The Agreement may be amended only by "m ten instrument signed by CLIENT and MAXIM ARIICLF 7 APPLICABLE LAW The Agreement shall be governed by the laws of the State of Texas ARTICLE 8 Asbestos Addendum Attached Maxim Engineers Inc s oio ARTICLE 8 ADDENDUM TO CONSTRUCTION ASBESTOS ?9 AGREEMENT FOR MATERIALS ENGINEERING AND RELATED INSPECTION AND MATERIALS TESTING SERVICES Please complete and return to us at your earliest convenience, we will not be able to proceed until this complete form has been received by our office Date 09/09/87 Authorized by - — - Gary Andrews Building Owner City of Denton Turbine Nos 4 & 5 Rebuild Location of Building Denton Power Plant Denton Texas MAXIM ENGINEERS, INC (MEI) in agreeing to provide services for asbestos consulting engineering, inspection and testing (air monitoring) during abatement of Asbestos -Containing Materials (ACM) used therein makes the following disclaimer of liability for specific services below as ordered by the Client MEI agrees to provide investigations (surveys) of the above referenced premises in order to determine areas where ACM are present, the type and condition of the ACM, and the extent of the potential for environmental hazards and necessities for removal, and associated inspection, consulting engineering, and air monitoring services for any ensuing abatement activities MEI cannot be held responsible for limitations imposed by the Client's budgetary requirements or the scope of Maxim's authorized work or specific directions by the Client This work will follow EPA and OSHA regulations and guidances for identification and control, and removal of ACM The Client will provide MEI with complete blueprints, records of modifications, project specifications, and maintenance records for review prior to the work (if available) The Client is ultimately and solely responsible for disposition of ACM in his building and any recommendations from MEI are submitted for the Client's information only The final decision as to the appropriate disposition, if any, of ACM is the Client's, Client further agrees that the contents and findings of this work �mry not'be revealed to any persons without the expressed written consent of MEI Samples will be retained for sixty (60) days, afterwards they will be disposed of unless prior arrangements have been made in writing Signature of Client agreeing to the above conditions and responsible for payment of work performed by MAXIM ENGINEERS, INC Client City of Denton By (as Client's representative) Date f r ' D < MT o O g 0 i F T c D � a i T u u nR P 4N C 1� ^J a g=— LO � N 9 $$gypp m . 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