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