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1987-2042083L 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 betO~en 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 expenditure of funds in the manner and amount as specified in the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval STEPHENS, MAYO ATTEST JTII:ER-/~ALTERS, CI TY SECRETA ' APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY Maxim Engineers, Inc Geotechn~cal Mate.als Tesbng 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 i Cgntract 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 2 Pro4ect 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 2342 Fabens ~ PO Box 59902 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-slte inspec- tion and air monitoring during abatement, includes collection and on-site analysis of up to 8 PCM air filters per S-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 5275 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 is 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 , w~ll 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, Austlnt 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 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 flnal invoice will reflect the total aggregate for our services and invoices If this proposal ls 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 Sincerely yours, MAXIM ENGINEERS, INC Gary W Andrews, Manager Technical Services GWA tla Enclosures Agreement for Services Fee Schedule B cc Mr Gary Crisp ACCEPTED BY DATE A EEMENT FOR MATERIALS ENGINE ING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES THIS AGREEMENT is by and between __ _ The C~ty of Denton hereinafter called CLIENT and MAXIM ENGINEERS INCa Texas corporation heremalter called MAXIM, who agree as follows I DECLARATIONS CLIENT desires to engage MAXIM to provide Materials Engmeenng and related construction mspectxon and materials testing servmes in connection w~th CLIENT s proJect ( THE PROJECT ) described as follows . ctsb~e~,to~ tonsiL] t;ngr engineer;nO, ~nspectlon and testln~ serwces for /uro~ne Nos 4 f ~ Rebul l~d,_D~ent~ _P~r Pl~nt~ D_e_nton,~ 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 Engtneenng and related construction tnspecnon and materials testing semces which fee schedule is acceptable to CLIENT 2 SCOPE OF WORK. MAXIM shall provide Materials Eng~neenng and related construction mspectmn and materials testing sermces for THE PROJECT in accordance wuh the accompany~ngproposed scope of services made aparthereofasExhtbit B and the terms and condmons set forth on the back of and made a part of this Agreement. EXECUTED THIS _ _ _ day of ..... 19 _ CLIENT Title _ MAXIM ENGINEERS INC Gary Andrews Title _ VP__- T~chn~c&l £erxL]£e~_ TO BE COMPLETED BY CLIENT FOR PAYME:NT OF SERVICE:q Invoice to the Account of F*rm Address _ _ Z~p Code Phone Number Attention _ _ T~tle the space below F*rm Address _ Z~p Code _ Phone NumPer Attention _ T,tle .... TERMS AND C DITIONS TO AGREEMENT FOR MATE ALS ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES ARTICLE I SERVICES MAXIM v~ll I I Act for CLIENT in a professional manner using that degree of care and t 3 MAXIM ~s nol authorized Io revoke alter relax, enlarge or release any skdl ordmardy exercised by and ~ons~stent with the standards of the requ~rementofTHEPROJECTspec~ficauonsorothercontractdocuments professmn pra~ucmgin the same orsmularlocahtyofTHEPROJECTmte nor to approve or accept any portion of the work, unless specifically I 2 Pro'nde only those services that, In the opmmn of MAXIM he vathm the authorized in writing by CLIENT or h~s authorized reptesentatwe techmcal and professional areas of experhse of MAXIM and which MAXIM shall not have the right of rejecuon or the right to stop the work, MAXIM ~s adequately staffed and equipped to perform except for such periods as may be required to conduct the sampling, testing ] 3 Perform all techmcal serwces under the general d~recaon of a Registered or mspecuon of operations covered by the Agreement Professional Engineer and m substantial accordance 'oath the basic ~4 TthsAgreementmaybetermmatedbyeflherpanyonten(10)days written reqmrements of the appropriate Standards of The American Society for no,ce or by mutual agreement If th~s Agreement ~s terminated by either Tesung and Matanals, where applicable or other standards designated by party MAX1M shall be paM in full for aH services performed through the CLIENT termination date and the CLIENT shall be prowded with a complete report 1 4 Promptly submit formal reports of all tests ~nspectmns and serwces of the results of lasts and analys~s conducted prior to termination performed mdicat~ng where apphcable comphance ',,ath THE PROJECT 3 5 Neither CLIENT nor MAXIM may delegate assigr~ sublel or transfer h~s speclficaUons or other contract documents Su~.h reports shall be complete duties or mlerest m this Agreement withouHhe written consent of the other and factual cmng the tests per/ormed* methods employed values obtained, party paris of the structure or PROJECI area involved 3 6 The only WARRANTY made by MAXIM in ~onnect~on ',,nth its services 1 5 Employ testing machines which have been calibrated vathm a period not performed hereunder ~s that ~t will use that degree of care and slall as set exceeding twelve (12) months from the time of use by dewces of arcuracy forth tn Article I I above NO other WArrANTY expressed or traceable to the National Bureau of Standards of the United States Implied Is made or Intended for aervloes provided hereunder Deparlmem of Comme~e and, upon request~ submit to CLIENT or his or furnishing oral or written reports of flndlnos made authorized representative documentauon of such cahbration ARTICLE 4 INSURANCE I 6 Consider all reporls to be the confidem~al proper~y of CLIENT and thstnbule reports etd} to those persons organlzalions or agencies speclfi 4 ] MAXIM shall secure and maintain throughout the full period of th~s cal]y designated m writing by CLIENT or h~s authorized representative Agreemcnl sufficient insurance to protect it adequately from claims under apphcable Workmen s Compensation Acts and from claims for beady 1 7 Relamallper~nentrecordsrelat~ngtotheserwcesperformed forapertodof injury death or property damage as may arise from the performance of five years follouang submission of the reporl~ dunng which period the services under th~s Agreement. MAXIM vail upon request, file cer~ficauon records vail be made available to CLIENT at all neasonable trines of such insurance coverage uath CLIENT or his authorized representative ART1CLE2 CLIENTS RESPONSIBILITIES CLIENTorhisaulhonzed Within the hm~ts and condmons of such insurance MAXIM agrees to representative will mdemmfy and save CLIENT harmless from and against any loss, damage 2 I Prowde MAXIM with all plans~ spec~fical~ons addenda change orders or habdity arising from any negligent acts by MAXIM ~ts agems, staffaod Ippro~ed shop drawing~ and other information for the proper performance ~.onsuhants employed by it. MAXIM shall not be responsible and CLIENT of MAXIM shall mdemmfy MAXIM for any loss, damage or habthty arising from any 2 3 Issue authonzauon in v, ritan~, g~v n/, MAXIM free access to THE PRO negligent acts by CLIENT lis agents staff and other~.onsultants employed 3 I MAXIM b~'theperformanceofservicescoveredhereunder doesnot~nany ARTICLE 6 EXTFNT OF AGRFEMENT paraes revolved m the design of THE PROJECT or the fadure of any AR'I ICLF 7 APPLICABLE LAW ARTICLE 8 Asbestos Addendum Attached ARTICLE 8 ADDENDUM TO AGREEMENT FOR MATERIAT~ ENGINEERING AND RELATED CONSTRUCTION INSPECTION AND MATERIALS TESTING SERVICES ASBESTOS Please complete and return to us at your earliest convenience, we will not be able to proceed until thze complete form has been received by our office General Informatlo~ Date 09/09/~7 Authorized by -~ Gary Andrews Building Owner City of DeDto~ 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 Materlals (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 determlne areas where ACM are present, the type and condition of the ACM, and the extent of the potential for envlronmental 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 llmltatzons 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 wlll provide MEI with complete blueprints, records of modifications, pro]ect 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 buildlng and any recommendations from MEI are submitted for the Client's information only The final decision as to the appropriate disposition, if ny the Client .......... ~ .... ~ ~ ~ ~ ~ ~ a , of ACM lS 's, ...~ .... ~ ..... - ..... ---c '~-~ ........ ..... ~ ......... ~EI h~,,,~ -z ................ ~- thc huil~In~ =~-~p~c~c~ _Th~ Client further agrees that the contents and findings of this work m~t~u~ 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 DentoB (as Cli.nt,. rmpr...ntativ. Screened areas for Purchasing use only 0 Q D Screened areas for Purchasing use only