R2002-0005 01-14-02 RESOLUTION NO. R2002-5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO A CONTRACT WITH BAY ENVIRONMENTAL, INC. FOR
ENVIRONMENTAL SERVICES ASSOCIATED WITH FEMA BUY-OUT
PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Bay
Environmental, Inc., a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Bay Environmental, Inc., for environmental
services associated with the FEMA Buy-Out Program.
PASSED, APPROVED and ADOPTED this the__
A.D., 2002.
14 day of January
TOM REID
MAYOR
ATTEST:
SE~ETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
R2002-5
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter "City"),
and Bay Environmental, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this contract:
Consultant:
Bay Environmental, Inc.
11246 S. Post Oak Road, Suite 1.!.~, ~
Houston Texas 77035
Description of Services:
Environmental Services to include:
Asbestos Survey;
Abatement/Demolition Specification Development;
Notification Submittals;
Abatement Project Management/Air Monitoring;
Abatement Clearance monitoring;
Demolition Inspection; and
Client Responsibilities
Maximum Contract Amount: per unit pdce schedule, see Exhibit B. Form of Agreement
Contract Beqins: January 15, 2002 or upon signature of contract
Contract Ends: upon completion of service work
Attached Contract Document:
Exhibit A, Scope of Work
Exhibit B, Form of Agreement (price schedule)
Action Plan
2. Definitions.
Contract means this Standard Services Contract, including the attached contract
documents listed above.
Services means the services for which the City solicited bids or received proposals
as described in this Contract.
3. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the City.
Statements for services shall not be submitted more frequently than monthly.
4. Term and Termination. This Contract term will begin and end on the dates shown
above. The City may terminate this Contract at any time during its term by giving written
notice to Consultant. The City shall pay the Consultant for all services rendered to the date
of termination.
5. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of every
kind, including all expenses of litigation, court costs, and attomey's fees, for injury to or
death of any person, orfor damage to any property, arising from or caused by any act or
omission of Consultant, its officers, employees, agents, or subcontractors, in performing its
obligations under this Contract.
6. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
7. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or deducting
from the work to be performed. If any change under this clause causes an increase or
decrease in Consultant's cost of, or the time required for, the performance of any part of the
Services under the Contract, an equitable adjustment will be made by mutual agreement
and the Contract modified in writing accordingly.
8. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injudes to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents, employees
or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2)
Professional Liability Insurance in an amount not less than $1,000,000 in the
aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covedng owned,
hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury
or death of any one person, $1,000,000 for each occurrence, and $1,000,000
for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the City
before work commences. Each insurance policy shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty
(30) days prior written notice by certified mail, return receipt requested, has been given to
the City. Upon request, certified copies of all insurance policies shall be furnished to the
City.
9. Law Goveminq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent
jurisdiction located in Brazoda County, Texas.
10. Entire Agreement. This Contract represents the entire agreement between the City
and the Consultant and supersedes all prior negotiations, representations, or contracts,
either wdtten or oral. This Contract may be amended only by wdtten instrument signed by
both parties.
11. Dispute resolution procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation and arbitration as follows:
A. Mediation. If a dispute arises out of or relates to this Contract, or the
breach thereof, and if the dispute cannot be settled through negotiation, then the
parties agree first to try in good faith, and before bringing any legal action, to settle
the dispute by mediation of a third party who will be selected by agreement of the
parties.
B. Arbitration. If the parties cannot resolve by mediation any claim or dispute
relating to this Contract and the claim or dispute involves a sum that exceeds
$100,000, then, upon the demand of either party, whether before or after the filing of
any suit, any controversy or claim adsing out of or related to this Contract shall be
settled by binding arbitration in accordance with the Federal Arbitration Act and the
Commercial Arbitration Rules of the Amedcan Arbitration Association, and judgment
upon the award rendered by the arbitrator(s) may be entered in any court having
jurisdiction thereof. The parties may agree in writing to use any other arbitration
procedures or rules in lieu of those specified in this paragraph.
EXECUTED and EFFECTIVE this the 14 day of January
,2002
ATTEST:
/
APPROVED AS TO FORM:
CITY OF PEARLAND
By: ~
Printed Name: Bill Eisen
Title: City Manager
Darrin M. Coker
City Attorney
Bay Environm~,ntal, Inc. , Consultant
i~Yri:nted N a m e~. '~~~-~ ~ '~ .X,~
Title:
STATE OF TEXAS §
COUNTY OF "~//- z,~ ~'~,~.- §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
-~,;// ~¢',~_~ , known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER
'~'"' "-'~/'7 , A.D., 20 ,¢ 2.
PERLA N. LEHMAN
Notary Pu~lc, State of Texas
My Commission Ex ires:
APRIL 2, 20~
MY HAND AND SEAL OF OFFICE THIS //b DAY
NOTARY PUBLIC IN AND FOR THE
OF
STATE OF TEXAS
Printed Name: ~,",/,z- .~. ~,~i,,(',,,~,~,~._
My Commission Expires:/~,,~'
STATE OF TEXAS §
COUNTY OF /t//~4~"~ §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
.~('f'Z:.'"//d/,/ b'/~"/,,/' , known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
SEAL OF OFFICE THIS c~~DAY OF
__GIVEN UNDER MY HAND AND
, A.D., 20 4,~c;q .
~,.rATER~FPUTEBL,xACsIN AND FOR THE,../
Printed Name:
My Commission Expires:
EXHIBIT A
SCOPE OF WORK
Canon Environmental Services, Inc. proposes to provide the following services for the City of Pearland:
1.0 ASBESTOS SURVEY (REQUIRED BY CURRENT REGULATIONS)
1.1
Conduct and asbestos survey to identify and locate friable and non-friable asbestos
containing building materials (ACBM) associated with each residential structure prior
to demolition. The inspection will be conducted by a team of staff TDH Licensed
Inspectors following current TAPHPR regulations Suspect materials will be sampled in
sufficient quantity (a maximum of six samples per residence is included in base bid)
and analyzed for asbestos content by Polarized Light Microscopy (PLM) in accordance
with the EPA methodology (visual estimation). Samples will be analyzed in a TDH
licensed and NVLAP accredited laboratory.
1.2 Provide one (1) copy of a detailed report containing the following information:
ao
Summary of findings listing materials analyzed as asbestos containing and
approximate quantities of ACM found.
b. Inspection report providing written sample location, description and analyzed.
c. Accreditations and licenses
2.0
ABATEMENT/DEMOLITION SPECIFICATIONS (PRESENTLY NOT REQUIRED BY
CURRENT REGULATIONS FOR RESIDENTIAL STRUCTURES)
2.1
Prepare written specifications for the proper removal of identified asbestos containing
materials and the demolition of the residential structure. Documents will be prepared in
Canon's standard format by a staff Registered Architect and TDH Licensed Asbestos
Consultant.
3.0 NOTIFICATION SUBMITTAL (REQUIRED BY CURRENT REGULATIONS)
3.1
Coordinate schedule for abatement and demolition with the City of Pearland and the
selected Demolition/Abatement Contractors for each residence.
3.2
Submit the required ten day notification to the Texas Department of Health and any
amendments thereto.
4.0
5.0
ABATEMENT PROJECT MANAGEMENT/AIR MONITORING (PRESENTLY NOT
REQUIRED BY CURRENT REGULATIONS FOR RESIDENTIAL STRUCTURES)
4.1
Review and approve contractor compliances including abatement licenses, worker
registration and qualifications; obtain acknowledgments and releases from contractor and
consultant personnel on Client's behalf.
4.2
Provide full-time, on-site TDH Licensed Project Manager/Air Monitoring Technician 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
abatement work. This includes on-site analysis of up to 12 PCM samples per 8-hour shift.
Personnel performing air monitoring 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 or equivalent.
ABATEMENT CLEARANCE MONITORING (PRESENTLY NOT REQUIRED BY
CURRENT REGULATIONS FOR RESIDENTIAL STRUCTURES BUT CONDUCTED FOR
HARRIS COUNTY)
5.1
Provide a TDH Licensed Project Manager/Air Monitor to collect and analyze clearance
samples upon completion of abatement. Clearances shall be analyzed by Phase Contrast
Microscopy (PCM).
5.2
Provide one (1) copy of the final air monitoring report to the City of Pearland for their
records
6.0
DEMOLITION INSPECTION (PRESENTLY NOT
REGULATIONS FOR RESIDENTIAL STRUCTURES.
OWN INSPECTION)
REQUIRED BY CURRENT
HARRIS COUNTY CONDUCTS
6.1
Provide a TDH Licensed Consultant to inspect site upon completion of demolition to
confirm completion of clean up.
6.2
Provide one (1) copy of the demolition inspection report to the City of Pearland for their
records
7.0
CLIENT RESPONSIBILITIES
7.1 Provide accurate address with key map location for each residence to be inspected with
written authorization to enter property.
EXHIBIT B
FORM OF AGREEMENT
The services as described in Exhibit A, Scope of Work, will be provided as follows:
Item 1.0
Asbestos Survey (lump sum)
(Additional samples above six, if required, will be
invoiced at $12.00/sample. Confirmation analysis
by PLM point count, if requested will be invoiced
at $30.00/sample)
$140.00 per residence
Item 2.0
Abatement/Demolition Specifications
(lump sum)
$100.00 per residence or
$5,000.00 for master spec
+ $25.00 per structure
Item 3.0
Notification Submittal/Amendments (lump sum) $35.00 each
Item 4.0
Abatement Project Management/Air Monitoring
(Total cost dependent on number of days required
to complete abatement)
$365.00/day
Item 5.0
Abatement Clearance Monitoring
(Not required if item 4.0 is selected)
$175.00 per residence
Item 5.0 Demolition Inspection $100.00 per reside.nce