HomeMy WebLinkAboutResolution - 4922 - Agreement-Gimes &Associates-Asbestos Operations &Maintenance Plan, Mahon Library - 08/10/1995Resolution No. 4922
August 10, 1995
Item #31
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 an Agreement for Preparation of Asbestos
Operations and Maintenance Plan for the Mahon Library by and between the City of Lubbock
and Grimes and Associates, Consulting Engineers, attached hereto, 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 _ 1�day oT\ _ August , 1995.
VID R. LANASTON, MAYOR
ATTEST:
etty NW.Johnsog, City Secretary
APPROVED AS TO CONTENT:
a Mosqueda, Di or of Management Services
APPROVED AS TO FORM:
;trial Attorney
JES:da/ccdocs/asbestos.res
August 2, 1995
Resolution No. 4922
AGREEMENT FOR PREPARATION OF
ASBESTOS OPERATIONS AND MAINTENANCE PLAN
FOR THE MAHON LIBRARY
This Agreement dated this 4th day of August, 1995, by and between the
City of Lubbock, Texas ("City") and Grimes and Associates, Consulting Engineers,
("Engineers"), is as follows:
WHEREAS, the City desires to have prepared an Asbestos Operations and
Maintenance Plan for the Mahon Library; and
WHEREAS, the City desires to hire consulting engineers knowledgeable and
experienced in preparing such an operation and maintenance plan; and
WHEREAS, Grimes and Associates, Consulting Engineers, has represented that it
is staffed with personnel knowledgeable and experienced in preparing such a plan.
WITNESSETH:
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 of an Asbestos Operations and Maintenance 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 4th day of August ,
1995, copies of which are attached hereto and incorporated by reference.
III. Engineers shall begin the services to be performed under this Agreement
upon notice to proceed from the City and shall undertake such services to assure the
completion of the Asbestos Operations and Maintenance 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.
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 Engineers or
which 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.
XII. 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.
XIII. 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.
AGREEMENT FOR PREPARATION OF ASBESTOS
OPERATIONS AND MAINTENANCE PLAN
FOR THE MAHON LIBRARY -- PAGE 2
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.
XIV. 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 in 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
placed 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
If to Engineers:
Joe Grimes
Grimes & Associates Consulting Engineers
P.O. Box 45
Wolfforth, Texas 79382
AGREEMENT FOR PREPARATION OF ASBESTOS
OPERATIONS AND MAINTENANCE PLAN
FOR THE MAHON LIBRARY -- PAGE 3
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 of this Agreement shall be
adjudged illegal, invalid or unenforceable such illegality, invalidity, or unenforceability
shall not affect the legality, validity or enforceability of the Agreement as a whole or of
any section, subsection, sentence or clause hereof not so adjudged.
CITY
11-14
IN WITNESS WHEREOF, the City of Lubbock and Grimes and Associates,
.ing Engineers, have executed this Agreement as of the date first written above.
R. LAN(%TON, MAYOR
ATTEST:
etty A Johnso , City Secretary
GRIMES AND ASSOCIATES
APP VED AS TO CONTENT:
�
osqueda, Dir or of Management Services
APPROVED AS TO FORM:
J an E. otts, Jr., Trial Attorney —�
JES:da
cityatt\a-asbsts.doc
August 2, 1995
AGREEMENT FOR PREPARATION OF ASBESTOS
OPERATIONS AND MAINTENANCE PLAN
FOR THE MAHON LIBRARY -- PAGE 4
August 4, 1995
PROPOSAL
for
ENVIRONMENTAL ENGINEERING SERVICES
regarding
MANAGEMENT/O&M PLAN
BOOK/BASEMENT CLEANING
ASBESTOS ABATEMENT
for the
MAHON LIBRARY
Lubbock, Texas
1.1 The Engineer's services consist of those services performed by the Engineer,
the Engineer's employees, and the Engineer's consultants.
1.2 The Ensineer's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the work.
1.3 The Engineer shall at all times have access to the Project wherever it is in
preparation or progress.
1.4 The Engineer shall comply with all Local, Texas, and Federal regulations
regarding asbestos.
1.5 The Engineer shall only use workers which are trained, qualified and licensed
to provide asbestos-related services.
2.1 The Engineer shall visit the site and perform an investigation to determine the
presence and location of suspect -asbestos containing materials (S -ACM).
2.2 The Engineer shall collect bulk samples of suspect materials have them
analyzed by polarized light microscopy (PLM).
2.3 The Engineer shall prepare a report which shall:
- identify actual ACM,
- outline management practices necessary for controlling the release of fibers
from ACM,
1
- establish operations and maintenance practices to maintain ACM in good
condition and to minimize ACM disturbance.
3.1 Design/Bidding Services:
3. 1.1 The Engineer shall advise the Owner regarding probable abatement cost.
3.1.2 The Engineer shall prepare Drawings and Specifications setting forth in
detail the requirements for cleanup.
3.1.3 The Engineer shall assist the Owner in obtaining and evaluating bids or
negotiated proposals, and in awarding and preparing contracts for cleanup.
3.2 Air Monitoring Services:
3.2.1 The Engineer will provide on-site professional services authorized by City
Staff as follows:
- review of contractor -submittals,
- collection of air samples inside and adjacent work -area,
- operation of on-site phased -contract microscopy laboratory (to determine
contamination level inside the work area),
- on-site observation of contractor activities (to ensure compliance with plans
and mss),
- collection of samples for remote TEM -microscopy analysis (for final
clearance),
- processing of contractor's pay applications,
- management of project closeout.
3.3 Limitations of Engineer's Responsibilities:
3.3.1 The Engineer shall not have control nor shall be responsible for means,
methods, techniques, sequences, procedures, safety precautions/programs, or
any other act or omission of the Cleanup/Abatement Contractor or any other
persons performing any of the Cleanup/Abatement Work. Neither shall the
Engineer be responsible for the failure of the Cleanup/Abatement Contractor to
carry out the Cleanup/Abatement Work in accordance with the Contract
Documents.
4.1 Services for asbestos abatement shall be similar to paragraph 3, above.
H6:3 Z t,l -I, 4:32 &fivV 0 CCZ
5.1 General: The Owner and the Engineer agree in accordance with the Terms and
Conditions of this Agreement that if the scope of the Project or of the Engineer's
Services is changed materially, the parties agree to negotiate suitable compensation
2
and in the event the parties are unable to reach agreement, this contract shall be
subject to termination as provided in the agreement of the parties.
5.2 Compensation for Management/O&M Plan: Engineer's compensation for
facility inspection and preparation management/O&M plan shall be:
- $2,300.
5.3 Compensation for Services Associated with Basement Cleaning and/or Abestos
Abatement: Engineer's compensation for above mentioned services shall be:
- $60 per hour (this includes the cost of PCM air samples).
6. REIMBURSABLE SERVICES:
6.1 General: Reimbursable Expenses are in addition to compensation for Basic
Services and include expenditures made by the Engineer and the Engineer's
employees and consultants in the interest of the Project as authorized by City's
Representative.
6.2 Engineer's compensation for reimbursable services shall be:
- $22 per PLM (bulk) sample,
- $80 per TEM sample.
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