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RPF='RUVRL. OF t=~ROGUSRL F'OR F'ROFESSIDNRL_ SERVICEu
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Dn this the L3r'~d day of October 199, ~_rpon motion made by
Commissioner- Holekamp, seconded by Commissioner Lehman, the
Gourt unanimously approved by a vote of 4-8-0, to accept the
proposal 'From F"taba F'istner for professional ser-~vicess to do an
environmental st~_rdy on Co~_rrtho~_~se and al.ithorize the Co~..rnty
Sudge to sign said document.
Engineers, Geol~_ ,cs, Hygienists and Environmental Scientists
Raba-Kistner
Consultants, Inc.
PSG95-A81
October 19, 1995
Mr. Glenn HoleKamp
County of Kerr
700 Main Street
Kerrville, Texas 78028
Re: Asbestos-Containing Materials Survey
Kerr County Courthouse
Kerrville, Texas
Dear Mr. HoleKamp:
12821 W. Golden Lane
P.O. Box 690287, San Antonio, TX 78269-0287
(210) 699-9090 FAX (210) 699-6426
In accordance with your request, Raba-Kistner Consultants, Inc. (R-KCI), is pleased to submit
this proposal for afacility-wide survey for asbestos-containing materials to The County of Kerr
(CLIENT) for the above referenced project.
INTRODUCTION
The purpose of this survey is to identify all asbestos-containing building materials which are
reasonably accessible in the Kerr County Courthouse. The structure to be surveyed consists of
the original courthouse constructed in 1926 and the new office/jail wing constructed in 1976.
All work will be conducted by asbestos inspectors licensed by The State of Texas. The project
will be conducted under the management of a State of Texas licensed asbestos consultant.
SCOPE OF WORK
All accessible areas of the building will be visually observed. Materials suspected of containing
asbestos minerals will be sampled for subsequent laboratory analysis. This survey will be non-
intrusive in nature, therefore, no walls or ceilings will be penetrated in order to observe enclosed
areas. R-KCI will collect at least one sample of each suspect homogenous material. All work
is expected to be conducted during normal working hours, however, R-KCI will accommodate
entry into sensitive areas of the facility at special times as dictated by the CLIENT, if necessary.
Laboratory analysis will be conducted by an EPA accredited laboratory utilizing Polarized Light
Microscopy (PLM).
Upon completion of the survey and analysis, R-KCI will submit a report of findings which will
include the following:
Description of the survey process and methods.
2. Location and description of identified asbestos materials.
Austin • Brownsville • EI Paso • Laredo • McAllen • Mexico • San Antonio
Proposal No. PSG95-A81 2
October 19, 1995
3. Approximate quantities of identified asbestos materials.
4. Credentials and supporting documentation forthe survey and laboratory analysis.
LIMITATIONS
R-KCI will not sample exterior finishes or roofs as part of this survey. Only areas readily
accessible will be observed. R-KCI will not penetrate walls or ceilings which do not have access
points.
It should be noted that during its prime, asbestos was
products and can still be found in some products today.
asbestos is beyond the scope of this survey.
CLIENT RESPONSIBILITIES
The client is requested to provide the following:
used in over 3,000 different building
Attempts to locate and identify "all"
1. Ladders for access to ceilings.
2. Access to all areas of the building.
3. Mechanical and floor plans, if available.
4. Notification to building occupants regarding R-KCI's work in the facility.
5. An escort, as needed, for sensitive areas of the facility.
COST AND DURATION
R-KCI proposes to provide the services described herein on a time and material basis as follows:
Survey and report preparation $3,500.00 (not to exceed)
Supplies, materials, expenses $ 250.00
Laboratory analysis (est. 30 samples @ $15.00) $ 450.00
The CLIENT will be invoiced only for actual cost incurred up to the "not to exceed" limit. The
exact number of samples required cannot be determined until the time of the survey. If the
estimated 30 samples is anticipated to be exceeded, the client will be notified for authorization
before additional costs are incurred.
Actual costs will be billed in accordance with our standard fees for professional services, as
indicated on the attached Schedule of Fees for Professional Services, and the unit rates for
drilling, equipment, and laboratory services shown on our latest fee schedules for those services.
We appreciate the opportunity to work with you on this important assignment, which will be
carried out in accordance with this letter and the following attachments:
Raba-Itlstner Consultants [nc.
Proposal No. PSG95-A81
October 19, 1995
Attachment
Description
Schedule of Fees
Standard Terms and Conditions
Our invoices are due and payable upon receipt at P.O. Box 840323, Dallas, Dallas County, Texas
75284-0323. All parties hereby agree that this contract upon acceptance will be performable in
Bexar County, Texas.
Please return one signed copy of this letter proposal to provide written authorization for our firm
to commence work on the services outlined herein. We have also attached an attachment titled
"Other Considerations" for your use. Should you need any additional information about other
services for this project or for future projects, please complete this form. Again, we appreciate
the opportunity to be of service to you and look forward to beginning work on this project.
Raba-IGstner Consultants, Inc., considers the data and information contained in this proposal to
be proprietary. This statement of qualifications and any information contained herein shall not
be disclosed and shall not be duplicated or used in whole or in part for any purpose other than
to evaluate this proposal.
Very truly yours,
RABA-KISTNER CONSULTANTS, INC.
~~
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Associate
SEJ/mwe
Copies Submitted: Above (2)
Accepted by
~ (SiC ndtnfe)
~ (Ty-ped or`Pr"in~ted Name)
~C~JN 1 !., V !~~
(Title)
Date: -
Attachments
Raba-Kistner Consu]tants.lnc
Proposal No. PSG95-A81
October 19, 1995
ATTACHMENTI
BABA-KISTNER CONSULTANTS, INC.
SCHEDULE OF FEES FOR PROFESSIONAL SERVICES
PERSONNEL: Principal ...................... $90 to $150/hour
Professional ................... $35 to $110/hour
Technical/Clerical/Administrative .... $20 to $45/hour
The specific hourly rate within each class cation listed above depends on the
experience, special training, and qualifications ofthe personnel needed forthe project.
For projects requiring work at any hazardous waste site, there will be a $10 per hour
surcharge added to the normal billing rate for all personnel. Consultants to Raba-
Kistner Consultants, Inc. (R-KCI), will be charged according to their professional
class cation.
EXPENSES: Use of computer hardware and software (additional charge)
Computer-aided drafting .......................... $15/hour
Computerized word processing, database
and spreadsheet management, and modeling .......... $15/hour
Use of company automobiles will be charged at $0.40 per mile. Automobiles and
light trucks assigned to field sites will be charged at $30.00 per day, plus $0.40 per
mile over 50 miles per day.
Other project-specific charges for use of R-KCI equipment or for R-KCI testing will
be in accordance with established fee schedules. All other project-specific, third-
party costs will be charged at cost plus 15 percent.
PAYMENT: Invoices will be submitted monthly for work in progress in our standard format.
They are due and payable upon receipt and become past due 30 days after the
billing date. Past due invoices may be subject to late charges at the rate of 1-1/2
percent per month (18 percent per annum). In the event that the State of Texas
legislates a sales tax on Professional Services, the amount of the tax will be added
to the appropriate service rate charged.
Preparation of non-standard invoice will be charged on a time and materials basis
in accordance wfth the rates in this fee schedule.
CONDITIONS: Services will be pertormed in accordance with our Standard Terms and Conditions.
The proposal to which this schedule is attached is valid for 90 days from the date
of the proposal.
Page 1 of 1
Raba-Kistner Consultants, lnc 01 /92
Proposal No. PSG95-ASt
October 19, 1995
ATTACHMENT II
RABA-KISTNER CONSULTANTS, INC.
STANDARD TERMS AND CONDITIONS
1. Raba-Kistner Consultants, Inc. (R-KCI), is being engaged by the CLIENT to render professional
services involving the condition of various building, site, and environmental materials, which may
contain or be contaminated by hazardous materials and asbestos containing materials (ACM).
R-KCI will be compensated largely on the basis of the time required in rendering these
professional services-not on the basis of potential legal abilities created by any risks associated
from the hazardous materials and ACM.
2. R-KCI will perform its services in accordance with the standard of care and diligence normally
practiced by recognized professional firms in pertorming services of a similar nature, in the same
locality, under similar circumstances. R-KCI makes no other warranties or guarantees, expressed
or implied.
3. CLIENT will provide right-of-entry to the buildings and sites which are the subjects of R-KCI's
services, CLIENT represents that it possesses authority for such right-of-entry and that the
building/site operator(s) possess the necessary permits and licenses for current activities at the
building site.
4. The CLIENT will be responsible for providing the location of all underground utilities and other
structures in the vicinity of our borings. We cannot accept responsibility and will not be liable for
penetrating any underground utility, underground storage tank, or other subsurtace condition not
previously identified and located, or improperly located, by the CLIENT or a utility agency.
5. If materials are encountered in the field which are judged to be potentially hazardous or a danger
to our personnel, all field work will cease and the CLIENT will be notified. Subsequent work on
the project will then be conducted only with specific additional authorization from the CLIENT and
will be charged at appropriate revised unit rates. The scope of work and cost estimate do not
include removal of any waste or cuttings from the site. Such materials will be containerized and
left at the site.
6. The scope of work and cost estimate do not include removal of any waste or drill cuttings from
the site. The results of sample analyses or other information will be used to judge the nature of
materials left on site. If this information indicates the materials are hazardous or potentially
hazardous, and 'rf CLIENT does not wish the materials to be left on site, R-KCI will have such
materials transported to a licensed facility for final disposal. CLIENT agrees to pay all costs
associated with management, storage, transportation, and disposal of materials. CLIENT
recognizes and agrees that R-KCI at no time assumes title to said materials.
01/92
Page 1 of 3
Raba-Itlstner Consultants.lnc.
Attachment II -Continued Proposal No. PSG95-A81
Standard Terms and Conditions October 19, 1995
7. All samples obtained at the site will be managed by R-KCI. R-KCI will retain preservable samples
and the residues from testing for 30 days after submission of its report, after which time the
samples and residues will be disposed of.
In the event samples contain hazardous constituents, R-KCI will return such samples and residues
to CLIENT, or, using a manifest signed by CLIENT as generator, R-KCI will have such samples
transported to a licensed facility for final disposal. CLIENT agrees to pay all costs associated with
management, storage, trensportation, and disposal of materials. CLIENT recognizes and agrees
that R-KCI at no time assumes title to said samples.
8. During its prime, asbestos was used in aver 3000 different products and can still be found in
some products today. Consequently, attempts to locate and identify "all" asbestos in a survey
would be both impractical and cost-prohibitive. If retained to conduct an asbestos survey, R-KCI
will direct its efforts at locating accessible, friable asbestos and non-friable asbestos which might
become friable as a result of remodeling activities.
9. Likewise, several thousand chemicals, wastes, and other materials have been designated as
hazardous or toxic by various laws and regulations. Attempts to locate and identify "all" such
materials in a survey would also be impractical. If retained to conduct a site assessment with
respect to such materials, R-KCI will direct its efforts at locating the most signfcant sources, or
potential sources, of such materials with potential for the most significant impact.
10. The scope of work and cost estimate do not include costs incurred to provide access to sites
which are inaccessible to our truck-mounted drill rigs and support vehicles. They also do not
include costs incurred due to delays caused by inclement weather.
11. R-KCI will provide CLIENT with a written report in connection with the services performed. The
report will present such findings and conclusions as R-KCI may reasonably make with the
information gathered while performing its services.
In preparing the report, R-KCI may review and interpret certain information provided to it by the
CLIENT or by third parties. R-KCI will not conduct an independent evaluation of the accuracy or
completeness of such information and shall not be responsible for any errors or omissions
contained in such information.
The report and other instruments of service are prepared for, and made available for the sole use
of, the CLIENT, and the contents thereof may not be used or relied upon by any other person
without the express written consent authorization of R-KCI. Any unauthorized use or distribution
shall be at the CLIENT'S sole risk and without liability to R-KCI.
12. R-KCI's liability to CLIENT, or to any third party, for injury or damage to persons or property
arising out of work performed for CLIENT and for which legal liability may be found to rest upon
R-KCI, other than for professional errors and omissions, will be limited to R-KCI's general liability
insurance coverage of $1,000,000. For any damage on account of any error, omission, or other
professional negligence, R-KCI's liability to CLIENT, or to any third party, will be limited to a sum
not to exceed our fees.
Page 2 of 3
Raba-Kismet Consultants. Inc.
Attachment II -Continued
Standard Terms and Condkians
Proposal No. PSG95-A81
October 19, 1995
13. CLIENT will indemnity R-KCI against any claims or costs which exceed the limitation on R-KCI's
liability provided for in the preceding paragraph, or result from acts or omissions of CLIENT.
14. Cancellation of the Agreement to which these terms and conditions apply may be made by either
party for just cause after thirty days' written notification of intent of cancellation is provided to the
other party. in the event the CLIENT elects to terminate the Agreement, R-KCI will be
compensated in full for all services, materials, supplies,and expenses incurred prior to the actual
cancellation date of the Agreement. The CLIENT shall in any event pay all amounts invoiced that
the CLIENT does not dispute as provided herein.
15. All claims, disputes, and other controversy between R-KCI and CLIENT arising out of or in any
way related to the services provided by R-KCI will be submitted to "alternative dispute resolution"
(ADR) such as mediation and/or arbkration, before and as a condition precedent to other
remedies provided by law. If a dispute at law arises related to these services and that dispute
requires litigation as provided above, then; a) CLIENT assents to personal jurisdiction in the State
of R-KCI's principal place of business; b) The claim will be brought and tried in judicial jurisdiction
of the court of the county where R-KCI's principal place of business is located, and CLIENT
waives the right to remove action to any other county or jurisdiction; and c) The prevailing party
will be entitled to recovery of all reasonable costs incurred, including staff time, court costs,
attorney's and expert witness fees, and other claim-related expenses.
Page 3 of 3
Raba-ICistn¢r Consultants.Inc.
Proposal No. PSG95-A81
October 19. 1995
OTHER CONSIDERATIONS
We would like to take this opportunity to inform you that R-KCI offers an extensive array of other
professional consulting, engineering, and testing services. Generally, these fall into two major
service areas. They are: 1) new development services which include environmental and
construction considerations; and 2) risk management services for the mitigation of impacted
sites. Please review the services below and check the appropriate boxes for which you
desire specific information related to the service.
NEW DEVELOPMENT SERVICES
^ Environmental Site Assessments
^ Geologic Assessments for Water Pollution Abatement Plans
^ Preliminary Geotechnical Feasibility Studies
^ Geotechnical Engineering Studies for Foundation and Pavement Design
^ Construction Materials Testing During Construction
^ New Fuel Storage Tank System Design
^ Environmental Permitting
^ Building Evaluation Surveys
RISK MANAGEMENT SERVICES
^ Petroleum Storage Tank Investigations, Removal, and Upgrade Compliance
^ RCRA Compliance Audits
^ SARA Title III Compliance Audits
^ Hazardous and Non-Hazardous Waste Minimization Plans
^ Surface and Subsurface Contamination Assessment and Remediation
^ Asbestos, Lead Base Paint and PCB Light Ballasts Surveys, Abatement Design, and
Monitoring
^ Spill Prevention Control and Countermeasure (SPCC) Plans
^ Industrial Hygiene Surveys
^ Indoor Air Quality Surveys
^ Wastewater Sampling and Analyses
^ Failure Analyses of Structures and Pavements
^ Insurance Claim Investigations
^ Contact me directly about the above-selected services
^ Forward me information about the above-selected services
Reba-Kistn¢r Consultants. Inc.