HomeMy WebLinkAboutR-1994-048 Northwest Envirocom, Inc.RESOLUTION NO. R-94
48
A RESOLUTION authorizing the execution of a Professional Services
Agreement with Northwest Envirocon, Inc.
WHEREAS, the City needs professional services to provide an indoor air
quality investigation of the Yakima Fire Department administration building; and
WHEREAS, the City does not have the expertise to perform such services;
and
WHEREAS, Northwest Envirocon, Inc. has experience and expertise in
indoor air quality investigation, and it is in the best interest of the City to contract
to utilize Northw est Envirocon, Inc.'s experience and expertise according to the
terms and conditions of the attached agreement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to
execute the attached and incorporated "Professional Services Agreement" with
Northw est Envirocon, Inc. for the purpose of providing an indoor air quality
in\ estigation of the Yakima Fire Department administration building.
ADOPTED BY THE CITY COUNCIL this 1C-01 day of laa
ATTEST:
C
City Clerk
, 1994.
A¶ ta. Mayor
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF YAKIMA
AND
NORTHWEST ENVIROCON, INC.
THIS AGREEMENT is made and entered into this `: ° day of
, 1994, by and between the CITY OF YAKIMA, FIRE
DEPARTMENT herein referred to as the "City", and NORTHWEST
ENVIROCON, INC., herein referred to as the "Contractor."
WHEREAS, the City finds it necessary to contract with the Contractor
to provide an indoor air quality investigation of the Yakima Fire
Department administration building.
WITNESSETH: that for and in consideration of mutual covenants,
promises, and agreements, herein contained, the parties mutually agree as
follows:
1. Professional Services. Contractor shall provide an indoor air
quality investigation of the Yakima Fire Department administration
building including the following:
a. Affected employees will be interviewed to identify times
and locations of concern, complaints, ailments or symptoms,
and any other information affecting indoor air quality in the
building.
b. Carbon dioxide (CO2) will be monitored using a Riken
Model R411, infrared, direct reading monitor. Readings will be
taken of selected interior locations and of the outside ambient
air. All readings will be one minute averages, taken on an
hourly basis.
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c. Relative humidity and temperature readings will be
taken at one hour intervals using a sling psychrometer.
Relative humidity and temperature data will be incorporated
with the CO2 readings to provide an overall representation of
the circulation and any amplification of contaminants of the
indoor environment.
d. An overview and investigation of the HVAC system
including all aspects and components of the system, layout of
returns and supply diffusers, fresh air exchange, and any other
mechanical element that may affect the quality of the indoor
environment. Air flow from the supply and return diffusers
will be measured using a hot wire anemometer. Smoke tests
may be conducted to identify positive and negative air flow of
room and other interior and exterior locations.
e. Total and respirable particulate samples will be collected
using NIOSH methods 0500 and 0600. Collected particulates
will be identified and analyzed for particulate concentrations .
f. If microbial agents are indicated, bulk, swab, and air
samples will be collected for fungi, bacteria, thermophilic
actinomycetes, and yeasts. Samples may be collected to
investigate formaldehyde, volatile organic compounds, ozone,
or other prominent indoor environmental contaminates or
outside generated.
g. Samples will be collected to investigate the generation of
ozone by electrical equipment in the basement of the building.
h. All findings, interview results, sample results and
interpretations, conclusions and recommendations will be
presented in a final report. Two copies of the final report shall
be delivered to the City.
2. Term. The term of this Agreement shall commence on the
date it is fully executed and shall terminate 120 days thereafter.
3. Compensation. As consideration for the work, tasks, and
services performed by the Contractor, the City agrees to compensate
the Contractor according to the following schedule:
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ESTIMATED COSTS
LOW HIGH
On site @ $65 per hr 8 hrs $ 520.00 $ 580.00
Travel Time @ $30 per hr 6 hrs $ 180.00 $ 180.00
368 miles @ $0.35 per mile $ 128.80 $ 128.80
Set up time @ $30 per hr $ 60.00 $ 60.00
10 hrs report @ $55 10 hrs $ 550.00 10 hrs $ 550.00
Sample Costs $ 400.00 $400:04946E--
TOTAL
400 0{9- 6E¢
TOTAL
$ 1,838.80 $2,238.80
In no event shall the City's obligation to compensate the Contractor
for any fees, services, costs, and expenses exceed the combined total
of Two Thousand, Two Hundred Thirty -Eight Dollars and Eighty Cents
($2,238.80).
4. Non -Discrimination. During the performance of this
Agreement, the Contractor shall not discriminate on the basis of race,
color, sex, religion, national origin, creed, or the presence of any
sensory, mental, or physical handicap.
5. Independent Contractor. The Contractor specifically
represents to the City that none of its agents, officers or employees is
an agent, officer or employee of the City, nor does any of the
Contractor's agents, officers or employees reside with or contribute
monetary amounts to any agent, officer or employee of the City.
6. Insurance. The Contractor agrees to maintain such insurance
as will fully protect both the Contractor and the City from any and all
claims of whatsoever kind or nature, made by anyone, for damage to
property or for personal injury, including death,that may arise from
the performance of this Agreement by the Contractor. The City is
under no obligation to insure the Contractor.
7. Hold Harmless. The Contractor shall defend, indemnify, and
hold harmless the City, its agents, officers, and employees from any
and all liability or loss, and against all claims or actions based upon
or arising out of damage or injury, including death, to persons or
property caused by or sustained in connection with the performance
of this Agreement or by conditions created by this Agreement, or
based upon any violation of statute, ordinance, or regulation.
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8. Compliance With Laws. The Contractor agrees that it shall
perform all work under and pursuant to this Agreement in full
compliance with any and all applicable laws, rules, and regulations
adopted or promulgated by any governmental agency or regulatory
body, whether federal, state, local, or otherwise.
9. Delegation of Professional Services. The work and
services provided for herein shall be performed by the Contractor,
and no person other than regular associates or employees of the
Contractor shall be engaged upon such work or services except upon
written approval of the City.
10. Assignment. This Agreement, or any interest herein, or claim
hereunder, shall not be assigned or transferred in whole or in part
by the Contractor to any other person or entity without the prior
written consent of the City. In the event that such prior written
consent to an assignment is granted, then the assignee shall assume
all duties, obligations, and liabilities of the Contractor as stated
herein.
11. Termination. The City may terminate this Agreement, with
or without cause, by giving the Contractor ten (10) days written
notice of termination.
12. Damages. If for any reason the Contractor fails to provide the
services specified in this Agreement and the City is forced to secure
such services from another company, the Contractor shall be liable
for any and all additional expenses incurred by the City to complete
the obligations to the City undertaken herein by the Contractor.
13. Integration. This Agreement constitutes the entire
agreement between the parties. There are no other oral or written
agreements between the parties as to the subjects covered herein.
14. Severability. If any portion of this Agreement is changed by
mutual agreement or any portion is held invalid, the remainder of
the Agreement shall remain in force.
15. Notices. Unless stated otherwise herein, all notices and
demands shall be in writing and send to the parties at their address
as follows:
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To City:
To Contractor:
Fire Chief
Yakima Fire Department
401 North Front Street
Yakima, WA 98901
Northwest Envirocon, Inc.
7410 Delaware Lane
Vancouver, WA 98664
or to such addresses as the parties may hereafter designate in
writing. Notices demands shall be sent by registered or certified
mail, postage prepaid. Such notices shall be deemed effective when
mailed or hand -delivered at the addresses specified above.
16. Litigation/Attorneys' Fees. In the event any suit or action
is instituted by either party to enforce compliance with or to
interpret any of the terms, covenants, or conditions of this
Agreement, the prevailing party shall be entitled to collect, in
addition to necessary court costs, such sums as the court may
adjudge as reasonable attorney fees. The venue for any action to
enforce or interpret this Agreement shall lie in the Superior Court of
Washington for Yakima County, Washington.
CITY OF YAKIMA, WASHINGTON NORTHWEST ENVIROCON, INC.
By: By:
Dick Zais, Ci Manager Its:
Dated: 1, lci 1 4 Dated:
ATTEST:
By: V -v
City Clerk
Dated: ( 9 /' / y Dated:
CITY CONTRACT NO. L' f .
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10
For Meeting Of: 4/19/94
T1 EM '1'1'1LE: Contract for professional services with Envirocon, Inc. for indoor air quality
study for Fire Station #1
SUBM11'1ED BY: Gene Martin, Deputy Chief
CONTACT PERSON/TELEPHONE: Gene Martin - 575-6060
SUMMARY EXPLANATION:
The past month we have received reports from personnel that they are experiencing headaches,
sore throats and general overall malaise.
This contract will provide an overview and investigation of the indoor environment of Station #1,
including all aspects and components of the HVAC system.
Once the report is received appropriate steps will be taken to correct any problems which might be
found. The cost is funded in the Professional Services of the 1994 Budget.
Resolution
Ordinance Contract X Other (Specify)
Funding Source: Professional Services
APPROVED FOR SUBM11'1 AL:
k
Manager
( ity g
STAFF RECOMMENDATION: Approve as submitted.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-94-48