HomeMy WebLinkAboutResolution - 5790 - Contract - Grimes & Associates - Asbestos Abatement & HVAC, Mahon Library - 03_12_1998RESOLUTION NO. 5790
Item #22
March 12, 1998
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 contract for the Asbestos
Abatement and HVAC modification at Mahon Library, by and between the City of
Lubbock and Grimes and Associates, Consulting Engineers, and related documents. Said
contract is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council this 12tb day of March 1998.
ATTEST:
is .:.ate... '�i..
Kay%� Darnell
APPROVED AS TO CONTENT:
� �L
Dan Dennison
Manager Environmental Compliance
APPROVED AS TO FORM:
William de Haas
Assistant City Attorney
RESOLUTION
Item #22
March 12,
AGREEMENT FOR PREPARATION OF
ASBESTOS OPERATIONS AND MAINTENANCE PLAN
FOR THE MAHON LIBRARY
This Agreement dated this 12 th day of March 1998, by and between the
City of Lubbock, Texas ("City") and Grimes and Associates, Consulting Engineers,
("Engineers"), is as follows:
WITNESSETH:
WHEREAS, the City desires to have prepared an Asbestos Abatement Plan for
the Mahon Library; and
WHEREAS, the City desires to hire consulting engineers knowledgeable and
experienced in preparing such a plan; and
WHEREAS, Grimes and Associates, Consulting Engineers, has represented
that it is staffed with personnel knowledgeable and experienced in preparing such a
plan.
NOW, THEREFORE, in consideration of the mutual promises and benefits of
this Agreement, the City and Engineers agree as follows:
I. The City agrees to hire Engineers and Engineers agree to act as City's
contractors for preparation and monitoring of an Asbestos Abatement Plan for the
Mahon Library.
II. Engineers shall perform in a good and professional manner the services
identified in the Engineers' proposal dated on the -ja day of February 1998, copies
of which are attached hereto and incorporated by reference.
III. Engineers shall begin the services to be performed under this
Agreement upon notice of proceed from the City and shall undertake such services to
assure the completion of the Asbestos Abatement Plan in a timely manner.
IV. Either party may terminate this Agreement upon thirty (30) days prior
written notice to the other. In the event of termination, any work in progress will
continue to completion unless specified otherwise in the notice of termination.
V. The obligations of either party under this Agreement may be suspended
by either party in the event of. act of God, war, riot, fire explosion, accident, flood,
sabotage, national defense requirements or any other event beyond the reasonable
control of such party.
AGREEMENT FOR PREPARATION OF ASBESTOS
ABATEMENT PLAN FOR THE MAHON
LIBRARY -- PAGE 1
N0.5790
1998
VI. The City agrees to pay Engineers for their services in accordance with
the price and terms of payment set forth in the proposal submitted by Engineers.
VII. Engineers certify that they have or will have all necessary licenses
required for the services to be provided.
VIII. Engineers shall indemnify, hold harmless and defend the City from
and against any and all liabilities, claims, penalties, fines, forfeitures, suits and
costs and expenses incident thereto (including cost of defense, settlement and
reasonable attorneys fees) which may be alleged against the City or which the
City may incur, become responsible for, or pay out as a result of death or bodily
injury to any person, destruction or damage to any property, contamination of or
adverse effects on the environment, or any violation or alleged violation of
government laws, regulations or orders, to the extent that such damage was
caused by the Engineers or the Engineers' agents, negligent, willful or intentional
act or omission or breach of contract.
IX. To the extent allowed by law, the City shall indemnify, hold harmless
and defend Engineers from and against any and all liabilities, claims, penalties, fines,
forfeitures, suits and the costs and expenses incident thereto (including costs of
defense, settlement and reasonable attorneys fees) which may be alleged against the
Engineers or which the Engineers may incur, become responsible for, or pay out as a
result of death or bodily injury to any person, destruction or damage to any property,
contamination of or adverse effects on the environment, or any violation or alleged
violation of government laws, regulations or orders, to the extent that such damage
was caused by the City or the City's agents negligent, willful or intentional act or
omission or breach of contract.
X. Engineers are and shall perform this Agreement as an independent
contractor and as such shall have and maintain complete control over all of their
employees and operations. Neither Engineers nor anyone employed by them shall be,
represent, act, purport to act, or be deemed to be the agent, representative, employee or
servant of the City.
XI. No modification of this Agreement shall be binding on the City or the
Engineers unless set out in writing signed by both parties.
MI. This Agreement and any documents incorporated by reference
contain all the terms and conditions agreed to by the City and Engineers and no other
agreements, oral or otherwise, regarding the subject matter of this Agreement, or any
part thereof shall have any validity or bind any of the parties hereto.
AGREEMENT FOR PREPARATION OF ASBESTOS
ABATEMENT PLAN FOR THE MAHON
LIBRARY -- PAGE 2
)III. In no event shall the making by the City of any payment to Engineers
constitute or be construed as a waiver by the City of any breach or covenant, or any
default which may then exist, on the part of Engineers, and the making of any such
payment by the City while any such breach or default exist shall in no way impair or
prejudice any right or remedy available to the City with respect to such breach or
default. Any waiver by either party of any provision or condition of this Agreement
shall not be construed or decreed to be a waiver of any other provision or condition of
this Agreement, nor a waiver of a subsequent breach of the same provision or
condition, unless such waiver be expressed in writing by the party to be bound.
)(IV. Engineers represent that they have or will secure at their own expense
all personnel required to perform the services under this Agreement. Engineers are and
shall perform this Agreement as an independent contractor, and as such, shall have and
maintain complete control over their employees and operation.
XV. During the performance of this Agreement, Engineers agree as follows:
A. Engineers will not discriminate against any employee or
applicant for employment because of race, religion, color, sex, or national origin,
except where relation, sex or national origin is a bona fide occupational qualification
reasonably necessary to the normal operation of Engineers. Engineers agree to post on
conspicuous places, available to employees and applicants for employment, notices
setting forth the provisions of the nondiscrimination clause.
B. Engineers in all solicitations or advertisements for employees
place by or on behalf of Engineers will state that Engineers are an equal opportunity
employer.
C. Notices, advertisements and solicitations placed in accordance
with federal law, rule or regulation shall be deemed sufficient for the purpose of
meeting the requirements of this section.
XVI. Any notices, bills, invoices or reports required by this Agreement shall
be sufficient if sent by the parties in the United States mail, postage paid, to the
address noticed below:
If to the City: Dan Dennison
Environmental Compliance
City of Lubbock
P.O. Box 2000
Lubbock, Texas 79457
AGREEMENT FOR PREPARATION OF ASBESTOS
ABATEMENT PLAN FOR THE MAHON
LIBRARY -- PAGE 3
{
PROPOSAL FOR
DESIGN and AIR MONITORING SERVICES
in support of
ASBESTOS ABATEMENT
03 February 1998
OVERVIEW: Grimes ,and Associates, Consulting Engineers proposes to design an asbestos
abatement project at the Mahon Library, Lubbock, Texas. The asbestos materials to be included in
this project include fire proofing and floor tile. Briefly, we will provide the following services:
Design ;Phase Scope of Services: We will prepare plans and specifications as necessary to
define the scope of work sufficiently to solicit bids. this will include the following activities:
- site visits by appropriate staff members (i.e. senior asbestos technician,
computer graphic staff, asbestos consultant, etc.)
- computer graphics support (as necessary) to prepare necessary drawings,
- respond to questions during bid -phase,
- participate in the bid -opening process,
- assistance during preparation of the Owner -Contractor agreement.
On -Site Abatement -Phase Scope of Services: We will have a technician on the job
throughout the abatement period. Our technician's work day generally starts one half-hour
before the abatement contractor's and extends one half-hour past this time is for lab -prep,
etc.). Our on -site professional services include the following:
- review of contractor submittals,
- collection of air -samples inside and adjacent the abatement -area,
- operation of on -site phased -contrast microscopy laboratory (to determine
contamination level inside the abatement area),
- on -site observation of contractor activities (to ensure compliance with
plans and specs),
- collection of samples for remote TEM-microscopy (for final clearance).
Off -Site Abatement -Phase Scope of Services: At the end of the project our technicians will
compile the project -closeout paperwork (this work will be performed in or office). Our off -
site professional services includes the following:
- processing of contractor's pay applications,
- review of disposal manifests,
- management of project closeout.
I
FEE:
Worker
Category
Billing
Rate
Quantity
This Phase
Cost
Design -Phase
Computer graphic technician
$25/hr
10hr
$250
Asbestos designer
$55/hr
IOhr
$550
Abatement -Phase
Air monitor technician
$55/hr
30dys x 9hr/dy = 270hr
$14,850
Air samples
$15/samp
30dys x 10samp/dy = 300samp
$4,500
Engineer supervision
$75/hr
6hr
$450
Total fee
$209600
Worker
Category
Billing
Rate
Quantity
This Project
Cost
TEM-samples (24hr)
$850/set
2 sets
$1,700
All bills are due and payable upon receipt.
All bills unpaid for more than 30 days will incur a 1%/month service charge.
J ,IM
s�
MIF!a •
DATE: 2 6'6-f,> -te
If to Engineers:
Joe Grimes
Grimes & Associates Consulting Engineers
P.O. Box 45
Wolfforth, Texas 79382
XVII. The City and Engineers agree that the validity and construction of this
Agreement shall be governed by the laws of Texas, except where preempted by federal
law.
XVIII. Engineers agree to hold harmless and defend the City against all
liability for claims for past, present, or future patent infringement relating to any
apparatus, process, design, product, composition or structure which is made, construed,
used, sold, practiced or supplied by Engineers to City for the purpose of fulfilling the
terms of this Agreement, except to the extent that City directed Engineers to use a
specific product or process, which utilization resulted in the infringement.
XIX. If any section, subsection, sentence or clause hereof not so adjudged,
IN WITNESS WHEREOF, the City of Lubbock and Grimes Associates,
Consulting Engineers, have executed this Agreement as of the date first written above.
CITY OF LUBBOCK
ATTEST:
a e Darnell, City Secretary
GRIMES AND ASSOCIATES
APPRO ED AS TO CONTENT:
Dan Dennison, Manager Environmental Compliance
APPROVED AS TO FORM:
William de Haas, Assistant City Attorney
AGREEMENT FOR PREPARATION OF ASBESTOS
ABATEMENT PLAN FOR THE MAHON
LIBRARY -- PAGE 4