Loading...
HomeMy WebLinkAboutFulcrum Environmental Consulting - Consulting Services Agreement FULCRUM environmental consulting I 0 August 9,2023 City of Yakima Facilities Randy Pitney,Building Operations Supervisors 129 North 2nd Street Yakima, Washington 98901 RE: Hazardous Building Materials Inspection and Limited Indoor Air Quality Assessment Proposal Pre-Manufactured Building,Henry Beauchamp Community Center Dear Randy, Thank you for the opportunity to provide this professional services proposal to complete a hazardous building materials(HBM)inspection and limited indoor air quality(IAQ)assessment of a pre-manufactured building located at the Henry Beauchamp Community Center. The pre-manufactured building is located east of the community center at 1211 South Seventh Street in Yakima,Washington.Fulcrum Environmental Consulting, Inc. (Fulcrum) understands that the building is deteriorated, and the City of Yakima is evaluating the need for repairs and improvements to the building. Fulcrum understands that the pre-manufactured building was placed at the community center likely in the 1980s. Based on the apparent construction,the building was likely originally used at a different location. The building is accessible from two doorways on the west side. The building consists of one large open meeting room with restrooms and storage spaces. The exterior of the building has areas of heavy rust and damage,primarily along the east side. As a part of this evaluation, Fulcrum will complete an inspection to evaluate the presence of asbestos containing materials(ACM), lead containing materials(LCM),lighting and electrical components(LEC), and refrigerant containing systems(RCS). In addition,Fulcrum will inspect the building for moisture and mold conditions and collect air samples to evaluate air quality. Scope of Work Fulcrum's scope of work is to complete an HBM inspection and IAQ assessment of the pre-manufactured building located at Henry Beauchamp Community Center in Yakima, Washington. Fulcrum proposes to complete the following: • Complete a hazardous building materials inspection for ACM,LCM,LEC,and RCS. • Complete an inspection for evidence of moisture and mold. • Prepare a summary of the inspection findings including laboratory analytical, photographic documentation and field sampling data. 8453 HBM Inspection and IAQ Assessment Proposal 1 P.509 574 0839 F.North50 2nd Street 406 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efulcrum.net ' o FULCRUM environmental consulting I 0 Fulcrum's services will be limited to those specific tasks outlined in this proposal.Fulcrum's services will not include evaluation of non-readily accessible areas such as sealed wall cavities, beneath wall or floor coverings,etc.except those specifically identified within this proposal. Results will be specific to the time and day of review and may not reflect conditions at other times.Fulcrum will perform the services described in this proposal in accordance with the professional duties or a Certified Industrial Hygienist and generally accepted industrial hygiene standards of care that exist for environmental professionals in the Inland Northwest at the time of the survey. Hazardous Building Materials Inspection Asbestos Containing Materials Asbestos inspections completed prior to renovation or demolition require a more exhaustive search for ACM than Asbestos Hazard Emergency Response Act(AHERA) inspection. The purpose of the report is to comply with OSHA 29 CFR 1926.1101,Asbestos;WAC 296-62-077,Asbestos, tremolite, anthophyllite, and actinolite; and National Emissions Standard for Hazardous Air Pollutants(NESHAP)40 CFR Part 61; and Yakima Regional Clean Air Authority(YRCCA),Regulation 1,Article 3.07,Asbestos Control.These regulations require the owner to inspect a facility for ACM presence prior to undertaking a construction, remodel, renovation, maintenance, or demolition project, and to provide inspection results to affected contractors or employees. The following are inherent in Fulcrum's proposed scope of services: 1. The asbestos inspection will be conducted by an AHERA accredited Building Inspector(s) (regulatory requirement). 2. A minimum of three(3)samples of each identified homogeneous material,analyzed as non-detect for asbestos,will be required to document a suspect material is non-ACM. 3. Fulcrum's inspection will consist of discrete sampling methods. Fulcrum will not repair sample locations. 4. Fulcrum will complete roof core sampling. As the building is intended for evaluation, Fulcrum will complete temporary roof patches. Fulcrum is not a roofing contractor and does not warrant roof patching. 5. Fulcrum will request that the laboratory analyze to "first positive" with a standard five-day turnaround time. 6. Samples will be submitted for analysis by polarized light microscopy (PLM) Environmental Protection Agency method 600/R-93/116. Fulcrum will request that the laboratory analyze submitted ACM samples with a 5-day turnaround time. 7. Fulcrum's fee does not include additional point count analysis. 8. Equipment systems will be visually inspected for suspect materials; however, Fulcrum will not dismantle equipment to determine if suspect asbestos containing materials are present in interior components. Fulcrum estimates that 36 bulk samples of suspect asbestos materials(up to three layers) will be required to complete the ACM inspection. .8453 HBM Inspection and IAQ Assessment Proposal 2 P.509 574 0839 F. t5h 2nd Street 406 North 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efu/crum.net FULCRUM environmental consulting ) 0 Results of the ACM inspection will be summarized in the HBM inspection report. Lead Containing Materials Under worker protection regulations, including DOSH WAC 296-155-176: Lead in Construction and OSHA 29 CFR 1926.26: Lead, any material containing a detectable concentration of lead is a lead containing material(LCM). Fulcrum will collect representative paint films,commonly referred to as paint chips,to determine the presence and concentration of lead. Fulcrum's inspector will complete paint chip samples for laboratory analysis or representative coatings under the direction of a Certified Lead Risk Assessor. Fulcrum estimates a total of 5 paint chips from the pre-manufactured building will be collected for laboratory analysis on a standard 5-day turnaround time. Results of the LCM inspection will be summarized in the HBM inspection report. Lighting and Electrical Components The primary goal of a lighting and electrical component (LEC) inspection is to identify and quantify the presence of fluorescent lamps,high intensity discharge lamps,and fluid containing ballasts in the building.This information serves as the basis for demonstrating proper removal and recycling under WAC 173-303: Dangerous Wastes or removal and disposal under 40 CFR 261: Toxic Substance Control Act. Fulcrum's inspectors will inspect existing lighting and electrical components for the presence of mercury containing lamps,high intensity discharge bulbs,and fluid filled ballasts and mercury filled thermostats that require specialized packaging and handling prior to building renovation. Results of the LEC inspection will be summarized in the HBM inspection report. Refrigerant Containing Systems Capture and recycling or disposal of refrigerants found in cooling systems, including heating, ventilation, and air conditioning (HVAC) units, chillers, refrigeration, and freezer systems, etc. is required prior to system impact. The release of refrigerants is considered air pollution under WAC 173-443: Hydrofluorocarbons and recycling of spent chlorofluorocarbon (CFC) and hydrochlorofluorocarbon (HCFC)refrigerants are required under WAC 173-303-506:Special requirements for the recycling of spent CFC or HCFC refrigerants. Capture and recycling of oils in refrigerant containing systems is required under WAC 173-303:Dangerous Waste Regulations. Fulcrum's inspectors will inspect cooling and refrigeration containing systems (RCS) for the presence of refrigerants,coolants,and compressors containing oil that require capture,removal,or draining prior to building renovation. Fulcrum's inspectors will not dismantle equipment to locate compressors and refrigerant tag .8453 HBM Inspection and IAQ Assessment Proposal 3 P.509.574.0839 F.North50 2nd Street 406 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efuicrum.net 1 ° FVIXIRVM environmental consulting 1 0 markings but will identify the location and type of refrigerant containing system for later evaluation by the contractor and their HVAC or mechanical subcontractor. Results of the RCS inspection will be summarized in the HBM inspection report. Indoor Air Quality Assessment Fulcrum will complete the following tasks to assess the indoor air quality of the pre-manufactured building: • Complete a visual inspection of the pre-manufactured building, including interior and exterior for the presence of moisture or suspect mold growth. • Collect photograph documentation. • Utilize a thermal imaging camera to identify areas of temperature variation. • Complete localized moisture testing with a GE Sensing Systems Protimeter SurveyMaster moisture meter of identified area of moisture staining,moisture related damage, and suspect mold growth. • Collect up to two swab or bulk samples of suspect mold growth for laboratory analysis. • Collect four air samples for non-viable fungal spores, including two interior air samples and two exterior air samples,for non-viable fungal spore analysis. Inspection Report Fulcrum will issue two HBM inspection reports, one for each building to present the findings of the inspection from ACM,LCM,LEC,and RCS inspections.The report will include laboratory reports,sample figures, and representative photographs. Schedule Fulcrum will complete the site inspection within 3-business days of notice to proceed. Fulcrum has proposed to complete all analysis on a laboratory turnaround time of 5-business days.Fulcrum will prepare the inspection letter for delivery to you within 10 days of laboratory analytical receipt. Fee Estimate Fulcrum will provide professional services to complete the scope of work as outlined above on a fixed fee basis of$4,800. Thank you for the opportunity to provide this professional services proposal. If the proposed scope of service and associated fee is acceptable, please sign the acceptance of proposal and return to Fulcrum by email to • dorozco ci)efulcrum.net. .8453 HBM Inspection and IAQ Assessment Proposal 4 P.509.574.0839 F.North50 2nd Street 406 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efulcrurn.net FUftRVMI environmental consulting 0 Sincerely, a/r1.4 Ocrtotto P4611L14.e.--. Daniel Orozco n K. Matthews, CIH,CHMM Project Scientist Principal Attachments Acceptance of Engagement The above prices, scope of work, and conditions are satisfactory and are hereby accepted. You are authorized to complete the work as specified.Any alteration or deviation from above scope of work involving extra costs will be completed upon orders, and will become an extra charge over and above the estimate. I have reviewed the attached Consulting Services Agreement and agree to the conditions presented therein. Signature: Date: I /to Name: ( LtjkI 0(,)L j Title: " Ur iPt C I +"� CITY CONTRACT NO: nl� eV Site Contact RESOLUTION Contact the below individual to arrange site access: Name: Role: S,�cq c4 '7 Phone: .5-04l— 72 3Z1)1 Email: yc66.0.vzl, .r✓ Notes: HBM Inspection and IAQ Assessment Proposal _ T 5 P.509.574.0839 F.509.575.8453 406 North 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efuicrurn.net 1 ° MCRuM environmental consulting 0 Invoicing Direction Prepare and deliver invoices and other administrative communications to: Name: Title: ��� qE zr't4 0 Phone: 7020-320I /3r7J -6,2 Email: Ic 7 . Fr-ra)t,Ve .joJ Address: /029 /O pl 14)3 cete-e- " City: State: Zip Code: %�g0` ICALGt... WAS PO, Project Number/Name,or Other Reference: "Mk- *--Pr Additional Notes: .8453 HBM Inspection and IAQ Assessment Proposal 6 P.509.574.0839 F.North50 2nd Street 406 2nd Street 1211 South Seventh Street,Yakima,Washington Yakima,Washington 98901 efulcrum.net 'Ii LTIN ERVICES AGREEMENT "CSA" F �CONSU G S ( ) eomentng PROFESSIONAL SERVICES — Fulcrum Environmental SCOPE OF WORK/CHANGE ORDERS—All information Consulting, Inc. (hereinafter "Fulcrum") agrees to provide contained in reports produced by Fulcrum are time and Client, for Client's sole benefit and exclusive use, the project-specific and are not intended for any other project consulting services identified in Fulcrum's proposal or letter of design. Any changes must be approved in writing by both engagement. This Consulting Services Agreement (hereafter parties. "CSA") gives no rights or benefits to any party other than Client and Fulcrum. Unless otherwise agreed to in writing, STANDARD OF CARE AND RELEASE OF LIABILITY fees billed will be for technical,professional,clerical services, — Fulcrum's services will be performed with a reasonable including travel time. The fees will be based on Fulcrum's degree of skill and diligence such as normally employed by Rate Schedule of hourly service fees in addition to any specific professionals performing such services in the area of the work. fees or on a fixed fee basis as presented in the agreement, No other warranty or representation, either expressed or proposal,contract,or letter of engagement.If the CSA extends implied, is included or intended in Fulcrum's proposals, beyond 6 months,Fulcrum may update billing rates for staff as letters of engagement, contracts, reports, and a result of merit,qualification,or other basis. communications. Notwithstanding any other statement in this CSA or made by Fulcrum elsewhere, Client hereby REIMBURSABLE EXPENSES, SUBCONTRACTOR, releases and holds Fulcrum(and its agents)harmless from VENDOR, AND LABORATORY ANALYSIS FEES — any claim, damage, or cost which is not the result of Reimbursable expenses,including but not limited to:analytical Fulcrum's sole negligence. fees, subcontractor fees, equipment rental, permits, licenses, shipping costs, reproduction costs, mileage, meals, lodging To the fullest extent permitted by law,Client expressly agrees and other travel costs will be charged at cost plus fifteen(15) to limit any and all claims of Client against Fulcrum and/or its percent. Equipment and supplies will be charged at a rate employees or agents, including but not limited to claims based on Fulcrum's Standard Rate Schedule in addition to any alleging negligence,breach of contract or breach of warranty, specific fees presented in the proposal or letter of engagement. for all losses of any kind, including economic and Client shall pay any sales, use, gross receipts, valued-added, consequential losses to an amount not to exceed the total fee per-mile,or other consumption-based taxes with respect to any paid under this CSA.In the event Client makes a claim against goods and services provided to Client by Fulcrum or any Fulcrum, at law or otherwise, for alleged negligence, error, subcontractor or any goods or services procured by Fulcrum as omission, breach or other act, and Client fails to secure a Client's agent or for the benefit of Client. Client shall retain judgment against Fulcrum, Client shall pay all costs and the right to contest any such taxes assessed against Client. attorney fees incurred by Fulcrum in defending itself against the claim. DISCRIMINATION—Fulcrum shall not discriminate against any person on the basis of race,creed,color,religion,national CLIENT INDEMNIFICATION—Client acknowledges that origin, sex, sexual orientation, age, marital status, political Fulcrum is not responsible for the creation or presence of affiliation or belief,or the presence of any sensory,mental or contamination, pollution, hazards, or other defects at the physical handicap in violation of the Washington State Law property. Client agrees to indemnify, defend, and hold Against Discrimination (RCW chapter 49.60), or the harmless Fulcrum and its officers and employees from and Americans with Disabilities Act(42 U.S.C. 12101 et seq.)or against any threat, demand, subpoena, claim, suit, action, or any other applicable state, federal or local law, rule or liability due to or related to conditions at the property except to regulation. the extent such threat, demand, subpoena, claim, suit, action, or liability is caused solely by the negligence of Fulcrum.If a CLIENT FURNISHED INFORMATION — Client shall demand, subpoena, or claim in any state or federal court provide to Fulcrum the following: 1)all information regarding regarding the property or project described in Fulcrum's the property including but not limited to, the location of any proposal or letter of engagement requires responding to buried utilities or structures, 2) any requirements for right of discovery or preparing for or attending a deposition/subpoena, entry or work permits, security clearances, licenses or any including a 30(b)6 deposition subpoena,the resulting time loss other required permissions. Client hereby releases Fulcrum for research, review, publication, preparation, and testimony from all liability for damage or injury arising from damage to will be compensated by Client at the then-applicable fee subterranean structures (pipes, tanks, pipelines, etc.) not schedule. Client will be obligated to pay Fulcrum's fees, specifically and accurately identified in writing by Client. attorneys'fees,and costs to respond to any such subpoena. OWNERSHIP OF DOCUMENTS — Unless otherwise The Client hereby releases and agrees to indemnify and hold agreed,all documents prepared by Fulcrum are the property of harmless Fulcrum, its successors and assigns and the officers, Fulcrum. Client is responsible for appropriate use of the directors, and employees of each of the foregoing information and recommendations provided by Fulcrum. Any ("Indemnified Parties"),from and against any and all claims of and all such information and recommendations are accurate third parties and losses, harm, costs, liabilities, damages and only as to the specific designated project.Client hereby agrees expenses (including,but not limited to,reasonable attorneys' that any reuse of such information for any project not specified fees incurred on such claims and in proving the right to in Fulcrum's proposal or letter of engagement, or deviation indemnification)arising or resulting from such claims of third from Fulcrum's recommendations,shall release Fulcrum from all liability. Initials Fulcrum Environmental Consulting,Inc©2021 1 FutfRum CONSULTING SERVICES AGREEMENT ( CSA ) environmental consulting 1 O parties to the extent arising out of or in connection with any reserves the right to schedule the requested services within willful misfeasance, bad faith or negligence in, or reckless existing commitments and utilize then current billing rates or disregard of(1)the performance of the services or obligations revise a fixed fee agreement. of,or(2)the acts,errors or omissions of,the Client or any of its agents,the respective successors and assigns for the Client MEDIATION, ARBITRATION AND TIME TO or any of such Client's agents,or anyone acting on the Clients PRESENT NOTICE OF CLAIM OF LEGAL ACTION— behalf in connection with this CSA or its performance; Any dispute arising out of Fulcrum's services shall be provided;however,that the Client shall not be required to so mediated unless both parties agree otherwise. The parties to indemnify and hold harmless any of such Indemnified Parties this CSA agree that prior to any legal action being filed in against liability for damages caused by or resulting from the regard to Fulcrum's services, a notice of claim must be sole negligence of the Indemnified Parties; provided further presented 60 days prior to any legal action being filed. Any that if such damages are caused by or result from the such notice of claim must be received by the party against concurrent negligence of Indemnified Parties and of the Client whom a claim is to be made within 2 years of the date of or its agents, or employees, Client's indemnity and hold Fulcrum's final invoice.All disputes under this contract or in harmless obligations hereunder shall be limited to the extent of any way relating to Fulcrum's services must be filed in the negligence of the Client,its agents,or employees. Spokane County, Washington and are governed by Washington state law. Client and Fulcrum hereby agree that When Client provides a defense to Fulcrum or an attorney to any legal action filed shall be subject to Mandatory Arbitration defend a deposition or subpoena, Fulcrum has the right to regardless of the amount in controversy. The parties further select which counsel will be used for such a defense. hereby agree to waive their rights to "de novo" any arbitration award, in regard to matters pertaining to less SITE SUPERVISION — Client agrees that Fulcrum has no than $25,000 (including counterclaims). The parties supervisory authority or responsibility for: 1) the specific explicitly acknowledge that this provision waives their working conditions at the site, 2) the safety precautions at a right to jury trial in regard to matters of less than$25,000. site, and/or for any hazards resulting from the actions of any This$25,000 amount referenced above includes any and all contractor or third party.Client agrees Fulcrum has no duty to counterclaims. inspect, supervise,note, correct or report any health or safety deficiencies of Client,contractors,or third parties at the site. ASSIGNMENT — Except as expressly provided for herein, neither Fulcrum or Client will assign this Agreement,any right INVOICING AND COLLECTION—Invoices for Fulcrum's arising out of it,or the performance of obligations hereunder, services will be issued monthly, payable upon receipt and without the written consent of the other.Nothing contained in without set-off or retainage.Client agrees to notify Fulcrum in this Agreement will create a contractual relationship with, or writing of any billing errors within fifteen(15)days of invoice cause of action in favor of,any third party. receipt. Invoices are due upon receipt. Customized invoices, full backup,or manual backup of project expenses and related SEVERABILITY AND SURVIVAL—In the event that any information can be provided for an additional charge. If provision of this CSA shall be held invalid and unenforceable payment is not received within thirty(30)days of the invoice by a decision of a court of competent jurisdiction, the date, whether disputed or not, a guaranteed interest rate on remaining provisions shall be valid and binding. All terms of these amounts will be charged at one percent (1%) on the this CSA allocating or limiting liability shall survive the unpaid balance. In the event that Fulcrum must seek legal completion of the services hereunder and/or the termination of services to collect the compensation due Fulcrum, Client this CSA. agrees to pay Fulcrum all attorney fees and costs incurred to collect the invoice and penalties, whether or not suit is ENTIRE AGREEMENT — This Consulting Services instituted. If a legal action and/or arbitration occur, attorney Agreement (CSA) and the attached proposal or letter of fees shall be awarded to the party in whose favor judgment is engagement constitutes the entire agreement between Client entered. In the event Client fails to compensate Fulcrum and Fulcrum and supersedes all prior agreements.Any changes pursuant to this CSA,and Fulcrum has to hire a debt collection to the agreement must be in writing,and signed by Client and agency to receive payment under the CSA, Fulcrum shall Fulcrum. charge a contingent collection fee of 35% of the debt as provided in RCW 19.16.250 (21). Fulcrum reserves the right WAIVER—No failure on the part of either Fulcrum or Client to withhold deliverables and/or suspend work on projects for to exercise any right or remedy hereunder shall operate as late or non-payment. waiver of any other right or remedy that party may have under this agreement. SUSPENSION OR TERMINATION —Client and Fulcrum retain the right to terminate this CSA. If Client requests suspension or termination of Fulcrum services prior to completion,Fulcrum has the right to complete such work as is Client Signatu necessary to place the files in order,and to complete a report on the services provided. If termination occurs, Client shall compensate Fulcrum for all fees and expenses required to _ _ accomplish such closing. If a project is delayed, Fulcrum Title R�C Y' � Date � � �� Fulcrum Environmental Consulting,Inc®2021 2 CITY CONTRACT NO: 194:0g41401.,6 RESOLUTION NO: N 14