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HomeMy WebLinkAboutResolution - 3336 - Agreement - Maxim Engineers Inc - Air Monitoring - 03_22_1990Resolution # 3336 March 22, 1990 Item #24 DGV:da RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Professional Services Agreement between the City of Lubbock and Maxim Engineers, Inc. for professional services relating to air monitoring of asbestos abatement work, attached herewith, which shall be spread upon the minutes of the Council and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this ATTEST: , ulty 5ecr APPROVED AS TO CONTENT: h I a a dayGWadsworth, Production Superintendent APPROVED AS TO FORM: un aia u. vanaiver, virs Assistant City Attorney 22nd day of March 1990. B. C. Mc� MAYOR K,3-:�&, PROFESSIONAL SERVICES AGREEMENT This Agreement is made this the 22nd day of BETWEEN March 1990. The City of Lubbock, Texas, the Owner, and Maxim Engineers, Inc., the Engineer. A. SCOPE OF THE WORK Abatement Project Inspection/Air Monitoring - Services to include inspecting of the work performed by the abatement contractor. 1. Provide full-time, on -site Industrial Hygiene and laboratory services for inspection of contractor's work for compliance with specifications and regulations and to conduct Phase Contrast Microscopy (PCM) air monitoring during the abatement work. Personnel performing service will have requisite on -project experience and have completed training courses: NIOSH 582 - "Sampling and Evaluating Airborne Asbestos Dusts" and "Supervision of Asbestos Abatement Projects" at EPA sponsored training centers. 2. Hourly service rate includes collection and analysis of up to twenty (20) PCM air samples per 8-hour shift. General sampling scheme to include personal, inside work area, outside work area/inside building, decon entry, HEPA exhaust, and outside building air samples. Additional sampling will be conducted as required to provide a comprehensive air monitoring program. 3. Provide final clearance air testing by Phase Contrast Microscopy (PCM, on -site analysis) or Transmission Electron Microscopy (TEM, analysis in Maxim's Dallas laboratory) dependent upon project requirements and Owner's direction. 4. Review and approve contractor compliances including abatement licenses, worker registrations and qualifications; obtain acknowledgments and releases from contractor personnel on Owner's behalf. Inspect abatement work continuously for compliance with contract documents, regulations, and recommended practices to include key inspections as follow: 1 C. -- Inspection of Work Area and Containments Prior to Start of Removal: Removal operations will not be permitted to proceed until the Industrial Hygienist has completed inspection of the Work Area preparations and until all discrepancies noted have been corrected. -- Inspection During Removal: Removal Work will not be permitted to proceed unless the Industrial Hygienist is on the Project site. Inspection of the Work Area and Work practices will be conducted continuously; upon discovery and report of a discrepancy the CONTRACTOR will be required to immediately stop Work and correct the discrepancy. -- Inspection of Work Area or Containment After Completion of Removal Work, but Prior to Encapsulation of Surfaces: A visual inspections of the Work site and/or Containment areas and removal surfaces will be conducted at this point by the Industrial Hygienist and lockdown encapsulation will not be permitted to proceed until discrepancies noted have been corrected. -- Final Clearance: After final clean-up of the Work Area, but prior to removal of Critical Barriers, the Industrial Hygienist will conduct a visual inspection followed by final air tests. Final air sampling for full containment area's will be conducted in accordance with project specifications, applicable regulations and guidelines. 6. Provide typed daily general report of work progress, discrepancies with corrective actions, and air monitoring data (mailed within three (3) days of the inspection date). 7. Provide final report to include copies of inspection reports, air monitoring data, and worker certifications and medicals. COMPENSATION AND PAYMENT The Owner agrees to pay the Engineer as compensation for the basic services lump sum of $34,750.00. 1. Payments for basic services may be made monthly in proportion to the service actually performed. ADDITIONAL SERVICES Services not included under the Basic Service article of this Agreement but requested by the City of Lubbock shall be considered Additional Services. E Such Additional Services and related expenses shall be as mutually agreed upon in the Schedule of Fees attached hereto. Compensation for Additional Services shall be as follows: 1. Direct Personnel Expense Reimbursement for direct personnel expense of those principals, associates and employees of the firm who are assigned to and are productively engaged on the project providing such services as research, designing, preparing drawings and writing specifications. Direct personnel expense shall be based on the Schedule of Fees attached hereto. 2. Reimbursement Expenses Engineer shall be reimbursed for his direct cost of such expenses as reproduction, postage, travel and communications directly related to such agreed additional services. 3. The cost of preparing change orders due to the Engineer's error or omission shall be the responsibility of the Engineer. D. ARBITRATION All questions of dispute under this Agreement shall be submitted to arbitration at the request of either party to the dispute. The parties may agree upon one arbitrator, otherwise, there shall be three; one named in writing by each party and the third chosen by the two arbiters selected; or if the arbiters fail to select a third within ten (10) days, he shall be chosen by the District Judge, 72nd District of Texas. Each arbiter shall be resident of the City of Lubbock. Should either party fail to choose an arbiter within ten (10) days, the Owner's Representative shall appoint such arbiter. Should either party refuse or neglect to supply the arbiters with any papers or information demanded in writing, the arbiters are empowered by both parties to take Ex Parte Proceedings. The arbiters shall act with promptness. The decision of any two shall be binding on both parties to the contract, unless either or both parties shall appeal within ten (10) days from date of the award by the arbiters, and it is hereby agreed that each party shall have the right of appeal and all proceedings shall be according to and governed by Arbitration Statutes of Texas. The decision of the arbiters upon any question submitted to arbitration under this contract shall be condition precedent to any right of legal action. The arbiters are authorized to award the party whose contention is sustained, such sums as they deem proper for the time, expense and trouble incident to the appeal, and if the appeal was taken without reasonable cause, they may award damages for any delay occasioned thereby. The arbiters shall fix their own compensation, unless otherwise provided by agreement, and may assess the costs and 3 E. charges of the arbitration upon either or both parties. The award of the arbiters must be made in writing and shall not be open to objection on account of the form of proceedings or award. SPECIAL PROVISIONS Special provisions applicable to this Agreement, if any, are as follows: See Attached Special Conditions. THIS AGREEMENT executed the day and year first written above. OWNER CITY OF LUBBOCK Q 3. C. McMI N, MAYOR (:4 oy y Se etary A yPROVED AS TO CON4T aadsworth, Production Superintendent APPROVED AS TO FORM: GA ''( I &VORA D ald G. Vandiver, -First Assistant City Attorney ENGINEER MAXIM ENG "RS, INC. BY: I-ONARD T. K4RN MANAGER ASBESTOS SERVICES 4 SPECIAL PROVISIONS 1. Services to be Provided. Maxim, as an independent consultant, agrees to provide Client for its sole benefit and exclusive use consulting services set forth in our Proposal. 2. Definitions. When used herein, the terms "Maxim", "we", "us", or "our" refer the Maxim Engineers, Inc. and the terms "you", "your", "he", "his", "it", and "its" refer to Client. 3. Right of Entry and Right to Proceed. Client grants a right of entry from time to time to Consultant, its agents, staff, consultants, and contractors or subcontractors, for the purpose of performing and with the right to perform all acts, studies, and research including without limitation the making of tests and evaluations, pursuant to the agreed services. Client represents that he possesses all necessary permits and licenses required for the continuation of its activities at the site. 4. Billing and Payment. Client agrees to pay invoice upon receipt. Should payment not be received within 30 days, the amount due shall bear a service charge of 1-1/2 percent per month or 18 percent per year and the cost of collection, including reasonable attorney's fees, if collected by law or through an attorney. If 1-1/2 percent per month exceeds the maximum allowed by law, the charge will automatically be reduced to the maximum legally allowed. If Client has any objections to any invoice or part thereof submitted by Consultant, he shall so advise us in writing giving his reasons within 14 days of receipt of such invoice. Client agrees it will not exercise any right of set-off it has under this Agreement, any continuing agreement with Consultant, or any right of set-off provided by law. No deduction shall be made from Consultant's invoice on account of penalty, liquidated damaged, or other sums withheld from payments to contractors or others. Payment of the invoice shall constitute final approval as to all aspects of the work performed to date as well as the necessity thereof. If the project is terminated in whole or in part then we shall be paid for services performed prior to our receiving or issuing written notice of such termination, in addition to our reimbursable expenses and any shut down costs incurred. Shut down costs may, at our sole discretion, include completion of analysis and records necessary to document our files and protect our professional reputation. 5. Damage At Site. Client understands that our services covered by our proposal may require collection of material samples for laboratory analysis and testing. Client agrees and understands that such testing will cause minor superficial damage at the site and agrees that he will be responsible for affecting all repairs. Maxim may, at its R option, affect temporary field repairs of sampling site. Client also understands that any investigation or survey does not include demolition for access to presently inaccessible spaces and areas and therefore that not all facility areas can or will be inspected. Maxim therefore cannot provide assurances that all asbestos -containing materials have been located during a survey. 6. Standard of are and Warranty. Professional services provided by us will be performed, findings obtained, and recommendations prepared in accordance with generally accepted engineering principles and practices. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED. 7. Liability. Consultant maintains workers' compensation and employer's liability insurance for our employees as required by state laws. In addition, we maintain comprehensive general liability, professional liability, and auto liability insurance with limits of $1,000,000. A Certificate of Insurance can be supplied evidencing such coverage. We will not be liable or responsible for any loss, damage, or liability beyond the amounts, limits, coverage, or conditions of such insurance specified above. Within the limits and conditions of such insurance, Maxim agrees to indemnify and save Client harmless from and against any loss, damage, or liability arising 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 it. 8. Unforeseen Occurrences. If, during the performance of services, any unforeseen hazardous substances or constituents or other unforeseen conditions or occurrences are encountered which, in our sole judgment significantly affect or may affect the services, the risk involved in providing the services, or the recommended scope of services, we will promptly notify Client thereof. Subsequent to that notification, Consultant may: a. If practicable, in our sole judgment, complete the original Scope of Services in accordance with the procedures originally intended in the Proposal; b. Agree with Client to modify the Scope of Services and the estimate of charges to include study of the previously unforeseen conditions or occurrences, such revision to be in writing and signed by the parties and incorporated herein; or; C. Terminate the services effective on the date specified by us in writing. 9 9. Documents. Client will furnish or cause to be furnished such reports, data, studies, plans, specifications, documents and other information deemed necessary by us for proper performance of our services. We may rely upon Client -provided documents in performing the services required under this Agreement; however, we assume no responsibility or liability for their accuracy. Client - provided documents will remain property of Client. All documents, including but not limited to, drawings, specifications, reports, boring logs, field notes, laboratory test data, calculations and estimates, prepared by us as instruments of service pursuant to this Agreement, shall be our sole property. Client agrees that all documents of any nature furnished to Client or Client's agents or designees, if not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. Client further agrees that under no circumstances shall any documents produced by us pursuant to this Agreement be used at any location or for any project not expressly provided for in this Agreement without our prior written permission. If Client uses all or any portion of our work on another project without our permission, Client shall to the maximum extent permitted by law save us harmless from any and all claims arising from such unauthorized reuse. Further, no part of any document we deliver to Client shall be reproduced or distributed, whether for advertising or distribution shall be at Client's sole risk and without liability or legal exposure to Consultant. 10. Field Representative. The presence of our field personnel either full or part-time will be for the purpose of providing observation and field testing of specific aspects of the project. Should a contractor be involved in the project, our work does not include supervision or direction of the actual work of the contractor, his employees or agents. The contractor will be so advised by the Client. The contractor will also be informed by the Client that the presence of our field representative nor the observation and testing by us shall excuse contractor in any way for defects discovered in contractor's work. It is agreed that we will not be responsible for job or site safety on the project and that we do not have the right to stop the work of the contractor unless such right is extended to us by the Client. 11. Severability. In the event that any provision herein shall be deemed invalid or unenforceable, the other provisions hereof shall remain in full force and effect, and binding upon the parties hereto. 12. Survival. All obligations arising prior to the termination of the Agreement and all provisions of this Agreement allocating responsibility or liability between Client and 7 Consultant shall survive the completion of the services and the termination of this Agreement. 13. Integration. This Agreement and the documents attached hereto and which are incorporated herein constitute the entire Agreement between the parties and cannot be changed except by a written instrument signed by both the parties. 14. Governing Law. This Agreement shall be governed in all respects by the laws of the State of Texas. 8 ASBESTOS SCHEDULE OF FEES FOR The City of Lubbock I. Personnel Services: Industrial Hygiene Technician (building survey and bulk sample collection) ........... $ 45.00/hr. Industrial Hygiene Technician (on -site inspection and air monitoring during abatement, includes collection and on - site analysis of up to 20 PCM air filters per 8-hour shift)* .......... ................ $ 55.00/hr. Certified Industrial Hygienist ................. $ 90.00/hr. Staff Professional ............................. $ 90.00/hr. Project Manager ................................ $ 75.00/hr. Project Architect .............................. $ 75.00/hr. Environmental Scientist ........................ $ 60.00/hr. EPA Accredited Management Planner .............. $ 75.00/hr. EPA Accredited Inspector ....................... $ 55.00/hr. Environmental Engineer ......................... $ 60.00/hr. Industrial Hygienist ........................... $ 55.00/hr. Drafting ....................................... $ 23.00/hr. Secretarial .................................... $ 23.00/hr. - Long Distance & Mobile Communications .......... Cost - Reproduction expense, purchased services, etc. ............................... Cost * Additional samples in excess of 20 per 8-hour shift will be billed at the normal analytical rate for Phase Contrast Microscopy. 1 These services are for projects in the Metropolitan Dallas, Fort Worth, Houston, and Austin/San Antonio areas. All hourly rates are portal to portal. 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 II. Analytical Services*: Laboratory standby time ........................ $125.00/hr. A. Optical Microscopy Polarized Light/Dispersion Staining Bulk Sample Analysis, PLM $ 25.00 ea. Phase Contrast Michroscopy (NIOSH 7400), PCM .............................. $ 20.00 ea. Normal turnaround: 2 days after receipt. Same day or 24-hour turnaround: Add 100% surcharge. B. Scanning Electron Microscopy, SEM Normal turnaround: 2 working days. 24-hour turnaround: Add 100% surcharge. Scanning Electron/Energy Dispersive X-Ray Bulk or Dust Sample Analysis (polycarbonate filter) ............... $150.00/sample MCE filter analysis .......... ........... $125.00/filter Miscellaneous SEM Instrument time ........ $100.00/hour SEM Instrument time with operator ........ $150.00/hour Contact Lab Manager for Scheduling C. Transmission Electron Microscopy, TEM Air Sample Analysis (AHERA final Clearance, Normal turnaround, 24-hour turnaround) .................. $170.00 Less than 24-hour turnaround ........... $500.00 Contact lab for rates on Prevalent Levels 2 D. Transmission Electron Microscoby Water Sample Analysis .................. $450.00 * Contact for quotation for analyses not listed. Terms: Due on receipt of invoice. A finance charge of 1-1/2% per month will be added to past due accounts. Services are additionally subject to proposal and contract terms and conditions. Turnaround subject to availability. All electron microscopy provided in Maxim's in-house Dallas laboratory. 3