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HomeMy WebLinkAboutHR15-138 - Original - RGA Environmental - Lead Exposure Control Plan Consultation - 04/10/2015 em Records M3 {E �� e � KENT Document WASH;NGTON � �.A� ^iti � ti dt A CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: RGA Environmental Vendor Number: JD Edwards Number Contract Number: '�i `�This is assigned by City Clerk's Office Project Name: Lead Exposure Control Plan Consultation Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract ❑ Other: Contract Effective Date: Within 5 days of mutual acceptance Termination Date: Notice Contract Renewal Notice (Days): Notice Number of days required notice for termination or renewal or amendment Contract Manager: Chris Hills Department: HR/Risk Manager Contract Amount: $15,263.00 Approval Authority: (CIRCLE ONE) Ddi�wtment_Direc or Mayor City Council Detail: (i.e. address, location, parcel number, tax id, etc.): As of: 08/27/14 L i I Al V I It t)NM 2 NIxbe.e Reference Number:PR3150048 AGREEMENT FOR SERVICES This AGREEMENT is between City of Kent("Client")and RGA Environmental, Inc.("Consultant")for Services to be provided by Consultant for Client on the Kent PD Pb Exp Control Plan Consultation project("Project'),as described in the Project Information section of Consultant's Proposal dated 03/2712015 _ ("Proposal")(which is Incorporated into this Agreement), - - 1. Scope of Services. The scope of Consultant's services is described In the Scope of Services section of the Proposal ("Services') (which is Incorporated into this Agreement).Portions of the Services may be subcontracted. Consultant's Services do not include the investigation or detection of, nor do recommendations In Consultant's reports address the presence or prevention of biological pollutants(e.g.,mold,fungi,bacteria,viruses, or - their byproducts)or occupant safety Issues,such as vulnerability to natural disasters,,terrorism,or violence, If Services Include purchase of software, Client will execute a separate software license agreement. Consultant's findings, opinions, and recommendations are based solely upon data and information obtained by and furnished to Consultant at the time of the Services. - 2, Acceptance/ Termination. Client agrees that execution of this Agreement Is a material element of the consideration Consultant requires to -_ execute the Services, and if Services are initiated by Consultant prior to execution of this Agreement as an accommodation for Client at Client's request, both parties shall consider that commencement of Services constitutes formal acceptance of all terms and conditions of this Agreement. Additional terms and conditions may be added or changed only by written amendment to this Agreement signed by both parties.In the event Client uses a purchase order or other form to administer this Agreement,the use of such form shall be for convenience purposes only and any additional or conflicting terms It contains are stricken.This Agreement shall not be assigned by either party without prior written consent of the other party. Either party may terminate this Agreement or the Services upon written notice to the other. In such case, Consultant shall be paid costs incurred and fees earned to the date of termination plus reasonable costs of closing the project. S. Change Orders.Client may request changes to the scope of Services by altering or adding to the Services to be performed. If Client so requests, !i Consultant will return to Client a statement (or supplemental proposal) of the change setting forth an adjustment to the Services and fees for the requested changes. Following Client's review, Client shall provide written acceptance. If Client does not follow these procedures, but Instead directs, L.. authorizes,or permits Consultant to perform changed or additional work,the Services are changed accordingly and Consultantwill be paid for this work - according to the fees stated or its current fee schedule, if project conditions change materially from those observed at the site or described to Consultant at the time of proposal,Consultant is entitled to a change order equitably adjusting its Services and fee. 4. Compensation and Terms of Payment. Client shall pay compensation for the Services performed at the fees stated in the Compensation section of the Proposal(which is incorporated Into this Agreement). If not stated in either,fees will be according to Consultant's current fee schedule. _ Fee schedules are valid for the calendar year in which they are Issued. Fees do not include sales tax. Client will pay applicable sales tax as required by - law.Consultant may invoice Client at least monthly and payment is due upon receipt of invoice.Client shall notify Consultant in writing,at the address below, within 15 days of the date of the invoice it Client objects to any portion of the charges on the invoice, and shall promptly pay the undisputed portion.Client shall pay a finance fee of 1.5%per month,but not exceeding the maximum rate allowed by law,for all unpaid amounts 30 days or older. Client agrees to pay all collection-related costs that Consultant Incurs, including attorney fees. Consultant may suspend Services for lack of timely - payment. It is the responsibility of Client to determine whether federal, state, or local prevailing wage requirements apply and to notify Consultant if prevailing wages apply. if it is later determined that prevailing wages apply,and Consultant was not previously notified by Client,Client agrees to pay the prevailing wage from that point forward, as well as a retroactive payment adjustment to bring previously paid amounts in line with prevailing wages. Client also agrees to defend, indemnify, and hold harmless Consultant from any alleged violations made by any governmental agency regulating prevailing wage activity forfailing to pay prevailing wages,including the payment of any fines or penalties. _ S. Third Party Reliance.This Agreement and the Services provided are for Consultant and Client's sole benefit and exclusive use with no third party beneficiaries intended. Reliance upon the Services and any work product is limited to Client, and is not intended for third parties, For a limited time period not to exceed three months from the date of the report.Consultant will Issue additional reports to others agreed upon with Client,however Client _ understands that such reliance will not be granted until those parties sign and return Consultant's reliance agreement and Consultant receives the agreed upon reliance fee. 6, LIMITATION OF LIABILITY. CLIENT AND CONSULTANT HAVE EVALUATED THE RISKS AND REWARDS ASSOCIATED WITH THIS 6 PROJECT, INCLUDING CONSULTANT'S FEE RELATIVE TO THE RISKS ASSUMED, AND AGREE TO ALLOCATE CERTAIN OF THE t ASSOCIATED RISKS. TO THE.FULLEST EXTENT PERMITTED BY LAW,THE TOTAL AGGREGATE LIABILITY OF CONSULTANT(AND ITS ' RELATED CORPORATIONS AND EMPLOYEES)TO CLIENT AND THIRD PARTIES GRANTED RELIANCE IS LIMITED TO THE GREATER OF _ '..... $50,000 OR CONSULTANT'S FEE, FOR ANY AND ALL INJURIES, DAMAGES, CLAIMS, LOSSES, OR EXPENSES (INCLUDING ATTORNEY '.. AND EXPERT FEES)ARISING OUT OF CONSULTANT'S SERVICES OR THIS AGREEMENT, PRIOR TO ACCEPTANCE OF THIS AGREEMENT '... AND UPON WRITTEN REQUEST FROM CLIENT, CONSULTANT MAY NEGOTIATE A HIGHER LIMITATION FOR ADDITIONAL CONSIDERATION. THIS LIMITATION SHALL APPLY REGARDLESS OF AVAILABLE PROFESSIONAL LIABILITY INSURANCE COVERAGE, CAUSE(S)OR THE THEORY OF LIABILITY,INCLUDING NEGLIGENCE, INDEMNITY,OR OTHER RECOVERY. THIS LIMITATION SHALL NOT APPLY TO THE EXTENT THE DAMAGE IS PAID UNDER CONSULTANT'S COMMERCIAL GENERAL LIABILITY POLICY. 7. Indemnity/Statute of Limitations.Consultant and Client shall indemnify and hold harmless the other and their respective employees from and against legal liability for claims,losses,damages,and expenses to the extent such claims, losses,damages,or expenses are legally determined to be caused by their negligent acts,errors,or omissions.In the event such claims,losses,damages,or expenses are legally determined to be caused by the joint or concurrent negligence of Consultant and Client,they shall be borne by each party in proportion to its own negligence under comparative fault principles. Neither party shall have a duty to defend the other party,and no duty to defend Is hereby created by this indemnity provision and such duty Is explicitly explicitly waived under this Agreement, Causes of action arising out of Consultant's services or this Agreement regardless of cause(s)or the theory of liability,Including negligence,indemnity or other recovery shall be deemed to have accrued and the applicable statute of limitations shall commence - to run not later than the date of Consultant's substantial completion of services on the project. S. Warranty. Consultant will perform the Services in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions in the same locate. EXCEPT FOR THE STANDARD OF CARE PREVIOUSLY STATED, CONSULTANT MAKES NO WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, RELATING TO CONSULTANT'S SERVICES AND CONSULTANT DISCLAIMS ANY IMPLIED WARRANTIES OR WARRANTIES IMPOSED BY LAW, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. - - S. Insurance,Consultant represents that it now carries, and will continue to carry: (i)workers'compensation Insurance in accordance with the laws of = the slates having jurisdiction over Consultant's employees who are engaged in the Services, and employer's liability insurance ($1,000,000); (if) commercial general liability insurance($1,000,000 occ/$2,000,000 egg); (Ill)automobile liability insurance($1,000,000 B.I.and RD, combined single limit); and (iv)professional liability Insurance($1,000,000 claim I egg).Certificates of insurance will be provided upon request. Client and Consultant shall waive subrogation against the other party on all general liability and property coverage,Client shall be listed as additional Insured on Consultant's commercial general liability policy. E s Page 1 of 2 Rev.$-14 eUerr<-r5raaticur,et. I 10, CONSEQUENTIAL DAMAGES. NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR LOSS OF PROFITS OR REVENUE; LOSS OF USE OR OPPORTUNITY;LOSS OF GOOD WILL; COST OF SUBSTITUTE FACILITIES,GOODS,OR SERVICES; COST OF CAPITAL; OR FOR ANY SPECIAL,CONSEQUENTIAL,INDIRECT,PUNITIVE,OR EXEMPLARY DAMAGES. 11. Dispute Resolution. Client shall not be entitled to assert a Claim against Consultant based on any theory of professional negligence unless and until Client has obtained the written opinion from a registered,Independent,and reputable engineer,architect,or geologist that Consultant has violated = the standard of care applicable to Consultant's performance of the Services. Client shall provide this opinion to Consultant and the parties shall - endeavor to resolve the dispute within 30 days,after which Client may pursue its remedies at law.This Agreement shall be governed by and construed according to Washington law. 12. Subsurface Explorations.Subsurface conditions throughout the site may very from those depicted on fogs of discrete borings,test pits, or other exploratory services, Client understands Consultant's layout of boring and test locations is approximate and that Consultant may deviate a reasonable distance from those locations. Consultant will take reasonable precautions to reduce damage to the site when performing Services; however, Client accepts that Invasive services such as drilling or sampling may damage or alter the site. Site restoration Is not provided unless specifically included In the Services. -13, Testing and Observations.Client understands that testing and observation are discrete sampling procedures,and that such procedures indicate ?. conditions only at the depths,locations,and times the procedures were performed.Consultant will provide test results and opinions based on tests and field observations only for the work tested, Client understands that testing and observation are not continuous or exhaustive, and are conducted to i. reduce-not eliminate-project risk. Client agrees to the level or amount of testing performed and the associated ask. Client is responsible (even If i delegated to contractor)for requesting services, and notifying and scheduling Consultant so consultant can perform these Services.Consultant is not f responsible for damages caused by services not performed due to a failure to request or schedule Consultant's services. Consultant shall not be is responsible for the quality and completeness of Client's contractor's work or their adherence to the project documents,and Consultant's performance of testing and observation services shall not relieve Client's contractor in any way from its responsibility for defects discovered in its wore, or create a j warranty or guarantee.Consultant will not supervise or direct the work performed by Client's contractor or Its subcontractors and is not responsible for their means and methods. 14, Sample Disposition,Affected Materials,and Indemnity.Samples are consumed in testing or disposed of upon completion of tests(unless ? stated otherwise In the Services).Client shall furnish or cause to be furnished to Consultant all documents and Information known or available to Client that relate to the identity, location, quantity, nature, or characteristic of any hazardous waste, toxic, radioactive, or contaminated materials("Affected Materials") at or near the site, and shall immediately transmit new, updated, or revised information as it becomes available. Client agrees that G Consultant is not responsible for the disposition of Affected Material unless specifically provided in the Services, and that Client Is responsible for is directing such disposition. In the event that test samples obtained during the performance of Services (I) contain substances hazardous to health, safety, or the environment, or (Ip equipment used during the Services cannot reasonably be decontaminated. Client shall sign documentation (if necessary)required to ensure the equipment and/or samples are transported and disposed of properly,and agrees to pay Consultant the fair market value of this equipment and reasonable disposal costs.In no event shall Consultant be required to sign a hazardous waste manifest or take title to any Affected Materials.Client shall have the obligation to make all spill or release notifications to appropriate governmental agencies.The Client agrees that Consultant neither created nor contributed to the creation or existence of any Affected Materials conditions at the site.Accordingly,Client waives any claim against Consultant and agrees to Indemnify and save Consultant,its agents,employees,and related companies harmless from any claim,liability or defense - cost,including attorney and expert fees,for injury or loss sustained by any party from such exposures allegedly arising out of Consultant's non-negligent performance of services hereunder, or for any claims against Consultant as a generator,disposer,or arranger of Affected Materials under federal,state,or local law or ordinance. _ 16. Ownership of Documents.Upon receipt of final payment,work product,such as reports, logs,data,notes,or calculations,prepared by Consultant = shall be the property of both Consultant and Client. Proprietary concepts, systems, and ideas developed during performance of the Services shall remain the sole property of Consultant.Files shall be maintained In general accordance with Consultant's document retention policies and practices as '.. well as RCW Chapter 42.56, the Washington Public Records Act, in recognition of Client's status as a municipal government. Consultant shall not be - liable for the unauthorized reuse or modification of its work product. 16. Utilities. Client shall provide the location and/or arrange for the marking of private utilities and subterranean structures. Consultant shall take reasonable precautions to avoid damage or injury to subterranean structures or utilities. Consultant shall not be responsible for damage to subterranean structures or utilities that are not called to Consultant's attention, are not correctly marked, Including by a utility locate service, or are incorrectly shown on the plans furnished to Consultant. 17. Site Access and Safety. Client shall secure all necessary site related approvals, permits, licenses, and consents necessary to commence and complete the Services and will execute any necessary site access agreement.Consultant will be responsiblefor supervision and site safety measures = for its own employees,but shall not be responsible for the supervision or health and safety precautions for any other parties, including Client,Client's - contractors,subcontractors;or other parties present at the site. i Consultant: RG Environmental,Inc. Cllemt: Crty of Keno By: Cate:. 419/2015 By: .. `r.,: ',., '" _ Date: f�`. ,,�p',i� Name/Tltle: Ang a L Harkins I Office Manager III NamelTiltk,_, SJ tte Cooke, Mayor Address: 3317 3rd Ave.S.Ste.D Address! 220 4th Avenue S Seattle WA 98134 Kent,WA 98032 Phone: (206)281.8858 Fax: Phone: (2531 866.5285 Fax:. - Email: alharkins0terracon.com - Email: chills@kentwa.gov Reference Number:PR3160048 i i Page 2 of 2. Rev.3.14 # i i 494"'aRGA ENVIRONMENTAL A g IrYerraacan COMPANY April 1, 2015 Kent Police Department C/O City of Kent 220 411 Avenue Kent, WA 98032 Attention. Chris Hills P: 253-856-5285 chills@kentwa.gov Subject: Proposal for Lead Exposure Control Plan Consultation Kent Police Department Training Facility 24523 1161h Avenue SE Kent, Washington 98030 RGA Proposal No. R3150048 Dear Mr. Hills: RGA Environmental, A Terracon Company (RGA) appreciates the opportunity to submit this proposal to provide industrial hygiene consulting services for the above referenced project. The purpose of this project will be to assist the Kent Police Department with implementation of its Lead Hazard Control Plan for the Department's indoor gun range located at the above captioned site as required by WAC 296-62-07521. This proposal outlines our understanding of the project and scope of services and outlines the fees for our services. A. € ROJE T INFORMATION Project Description RGA understands that the Kent Police Department (Client) has been reviewing its lead hazard control plan in anticipation of a compliance audit from the Washington Department of Labor and Industries, Division of Occupational Safety and Health (DOSH). Client seeks RGA's assistance with reviewing the Department's program to identify and correct missing elements, and providing Industrial Hygiene consulting services to facilitate required testing and evaluation. Specific areas of concern include: M Exposure monitoring for lead representative of the variety of tasks (shooting & non-shooting) performed in the range facility Activities to be monitored include qualification shooting, service RGA Environmental Inc., A Terracon Company 3317 31d Avenue South, Suite D Seattle, WA 98134 P (206) 281 8858 F (206) 281 8922 rgaenv.com terracon,com Proposal for Lead Exposure Control Plan ConsultingRGA Kent Police Department Exposure Assessment, Kent, WA 98030 ENVIRONMENTAL April 1, 2015—RGA Proposal Number R3150048 0r n = w training, SWAT/narcotics training, instruction/supervision, range cleaning, and periodic maintenance. * Exposure monitoring for noise representative of the variety of tasks (shooting) performed in the range facility. Activities to be monitored include qualification shooting, service training, SWAT/narcotics training, and instruction/supervision. Periodic ventilation assessment to verify operation of the system. * Periodic surface contamination assessment to assess effectiveness of housekeeping measures * Review of the elements of the Department's written lead exposure prevention plan that addresses procedures and policies for: exposure control, conducting periodic exposure assessment, respiratory protection, personal protective equipment, housekeeping, medical surveillance, training, and recordkeeping. Specific documents to be addressed include the range cleaning protocol, lead hazard awareness training, JHA analysis, and the APP. B. SCOPE OF SERVICES The services to be provided by RGA are summarized in the following paragraphs. Task A: Exposure Assessment 1. An Industrial Hygienist (IH)will perform site visits to complete the following: a. Qualification shooting/service Training: RGA will perform two half day (up to four hours) site visits to assess lead exposure during these activities. For each event, RGA will monitor 2-3 officers and 1 instructor. b. SWAT/Narcotics Training: RGA will perform one full day (up to four to eight hours) site visit to assess lead exposure during these activities. For each event, RGA will monitor 2 officers and 1 instructor. c. Range Cleaning Activities: RGA will perform one half day (up to four hours) site visit to assess lead exposure during range cleaning activities. RGA will monitor 1 personnel performing the operations. d. Maintenance Activities: As Client defines maintenance activities to be monitored; RGA will perform appropriate (half or full day) site visits to monitor the activity. RGA anticipates monitoring 1 personnel per activity. 2. Personal breathing zone (PBZ) lead air samples will be collected using battery-powered personal sampling pumps and MCE filters. The sampling train for each sample will calibrated in the field with a rotameter before and after sampling. Samples will be submitted to RGA's in- Responsive w Resourceful n Reliable 2 i Proposal for Lead Exposure Control Plan Consulting ��;.. Kent Police Department Exposure Assessment, Kent, WA 98030 E N V I RO N M E N TA L April 1,2015—RGA Proposal Number R3150048 Me— house AIHAf-accredited laboratory. A blank sample cassette will be submitted with each batch of samples for QC purposes. 3. Noise dosimetry will be performed concurrent with "shooting" lead exposure assessments to document noise exposure from firearms training/clual'Ification activity. Dosimeters will calibrated prior to use and worn by each officer with the microphones located on the officer's shoulder close to the ear. Each dosimeter has 4 "channels" which can be configured to process noise data relative to established noise dosimetry criteria. Three of the channels were utilized for this survey, processing the data according to the OSHA PEL2 criteria (channel 1), OSHA "HC"3 criteria (channel 2), and the ACGIH4 criteria (channel 3). a. Qualification shooting/service Training: RGA will perform will monitor 2 officers and 1 instructor during each lead exposure assessment event. b. SWAT/Narcotics Training RGA will perform will monitor 2 officers and 1 instructor during each lead exposure assessment event. 4. During each assessment RGA's IH will document the conditions and, tasks, or activities performed which influence potential to exposure. 5. After receipt of all lab data, a report of findings will be prepared. Preparation of Reports Upon completion of each exposure assessment and receipt of the laboratory analytical results, a report will be prepared that will include the following: i& Project description and scope of work; so Evaluation criteria and methods used; la Presentation of findings; o Analytical laboratory results, and o Data evaluation and discussion; and M Conclusions and recommendations for further action, if necessary. This written report will reflect results, findings, and recommendations, and, as such, will take precedence over any verbal reports that RGA personnel may have provided. The analysis, comments and recommendations presented in the written report will be based on the information collected as discussed in this proposal. Ali=American Industrial Hygiene Association 3 The Oregon Occupational Safety and Health Ad ministration(OSHA)Permissible Exposure Limit(PEL)criteria specifies"slow"response,90 de threshold, '.. 90 dB criterion,5 dB exchange rate,8 hr TWA J]The OSHA HC(hearing conservation)criteria specifies"slow"response,80 dB threshold,90 dB criterion,5 dB exchange rate,8 hr TWA The ACG I (American Conference of Government Industrial Hygienists)criterla specifies"slow"response,80 dB threshold,85 dB criterion,3 dB exchange rate,8 hr TWA. The ACGIH is a member based not-far-profit professional society dedicated to advances in occupational and environmental health. It is scientific assoclati on,not a government agency,and its recommended exposure li units are not legally enforceable but exist as guidelines for worker protection based on peer reviewed scientific data. '.. Responsive u Resourceful Ia Reliable 3 Proposal for Lead Exposure Control Plan ConsultingRGA Kent Police Department Exposure Assessment, Kent,WA 98030 ENVIRONMENTAL April 1,2015—RGA Proposal Number R3150048 Task B: Document Auditing, and Review RGA will provide Industrial Hygienists and Safety Professionals to review relevant sections of the Department's policies and procedures to address the following: Verify that the Department's Lead Hazard Control Plan addresses guidelines for performing exposure assessments, hazard evaluation, respiratory protection requirements, PPE, housekeeping measures (range cleaning protocol), hygiene practices, medical surveillance, training requirements, and recordkeeping. Task C: Lead Awareness Training Program The Department has established a powerpoint based self-directed Lead Awareness training program. The department seeks a review of the presentation and editing of content to ensure that it encompasses all of the required elements including the content of WAC 296-62-075, Lead, (the regulations), background, history, site specific guidelines, health effects, medical monitoring, respiratory protection and personal protective gear, and hygiene and work practices necessary to prevent lead exposure. RGA will provide Industrial Hygienists and Safety Professionals to assist client with: reviewing, compiling and editing existing training materials to ensure the presentation addresses all required elements. Task D: Periodic Systems Evaluation An Industrial Hygienist will perform quarterly assessments of the ventilation system and lead dust concentrations on range surfaces. Both parameters will be evaluated during the same site visit, performed when the range is not otherwise in use. The ventilation assessment will measure air velocity at various positions and elevations in the range to evaluate the system's effectiveness. Wipe testing for lead dust residues will be performed to evaluate the effectiveness of cleaning protocols. Double wipe samples will be collected from random locations on the floors, benches, tables, and counters inside the range, the cleaning room, and at the range exit. Samples will be submitted to RGA's in-house laboratory for analysis. A blank sample will be submitted with the sample set for quality control purposes. A report of findings will be prepared. All work performed for this scope of work will be performed under the direction and review of a Certified Industrial Hygienist (CIH). Schedule RGA is prepared to commence work on this project within five days following receipt of written notification to proceed. We anticipate completing the field activities on a periodic basis over a one year period, with delivery dates for specific services in this proposal to be determined. The standard analytical turnaround time is 5 working days (expedited turnaround is available at an additional charge). Exposure assessment report will be available one week following RGA's receipt of final laboratory analytical reporting. Responsive a Resourceful®Reliable 4 P� Proposal for Lead Exposure Control Plan Consulting �,�� Kent Police Department Exposure Assessment, Kent, WA 98030 ENVIRONMENTAL April 1,2015—RGA Proposal Number R3150048 I Key Understandings M The scope of services, as proposed, is intended to characterize the potential for exposure to the specified substances in the areas sampled. RGA is not responsible for air monitoring interruptions or data quality due to interruptions, or circumstances out of RGA's control (i.e., employee illness, off-site appointments, or emergencies). 9 The Client will notify RGA, in advance, of any operational changes or unique circumstance that might affect the scheduled sampling. 4 RGA will be provided with a point-of-contact during our time on site that will assist in identifying the individuals and areas to be sampled and address questions regarding processes, practices, and site safety. P RGA will monitor the sampling event to characterize work tasks/activities that might affect sampling results and to check that sampling devices are intact/functioning as part of quality assurance and validity checks. The standard laboratory turn-around time (TAT) for industrial hygiene sample analytical results is five business days following receipt by the laboratory. Documents to be audited, reviewed, or edited will be provided in an editable electronic format. The analysis, comments, and recommendations presented in the technical report will be based on the information collected as described in this proposal. When requested by the Client, RGA may provide verbal or electronic (interim) information prior to completing the technical report. RGA does not recommend sole reliance on interim information regarding the results of the monitoring. Due to time constraints, such information may be based upon limited or incomplete information and data evaluation. Consequently, the content of the technical report takes precedence over any previously conveyed information. PA RGA does not warrant the work of regulatory agencies, laboratories, or other third parties supplying information used in the compilation of reports. RGA's services will be performed in a manner consistent with generally accepted practices of the profession undertaken in similar studies in the same geographic area during the same period. RGA makes no warranties, expressed or implied, regarding its services, findings, conclusions or recommendations. These exposure assessment services will be performed in accordance with the scope of work agreed with you, our client, as set forth in this proposal. The Client should be aware that the above-described scope of work is limited to the areas and tasks identified above. It is not intended to be a comprehensive occupational safety and health assessment. Monitoring at different times and locations may indicate different results. The analysis, comments, and recommendations presented in the written report will be based on information provided by the Client, observations at the time of the survey, and monitoring results. Responsive w Resourceful N Reliable 5 .4 RGA Proposal for Lead Exposure Control Plan Consulting . Kent Police Department Exposure Assessment, Kent,WA 98030 p ENVIRONMENTAL April 1,2015—RGA Proposal Number R3150048 Reliance The report will be prepared for the exclusive use and reliance of the Client. Reliance by any other party is prohibited without the written authorization of the Client and RGA. If the Client is aware of additional parties that will require reliance on the report, the names, addresses and relationship of these parties should be provided for RGA approval prior to the time of authorization to proceed. RGA will grant reliance on the report to those approved parties upon receipt of a fully executed Reliance Agreement (available upon request). If, in the future, the client and RGA consent to reliance on the report by a third party, RGA will grant reliance upon receipt of a fully executed Reliance Agreement and receipt of an additional fee of$250.00 per relying party. Reliance on the report by the Client and all authorized parties will be subject to the terms, conditions and limitations stated in the attached Agreement for Services (and sections of this proposal incorporated therein), the Reliance Agreement, and the report. All work performed for this scope of work will be performed under the direction of a Certified Industrial Hygienist (CIH). G. COMPENSATION TASKA: LEAD EXPOSURE ASSESSMENTS— RGA will provide an Industrial Hygienist to perform lead exposure assessments for representative activities performed in the Kent PD shooting range. Activities to be monitored include: 1) Individual/small group officer training/qualification shooting activity 2 SWAT team training activity 3) Range maintenance and cleaning 6,550.00 RGA proposes to collect a total of 11 personal samples (1 cleaning, 1, maintenance, 4 individual practice, 2 SWAT, 3 instructor, and 5 blank (for QC))for the assessment. To facilitate collection of the samples, RGA anticipates performing 4 half day and one full day site visits to complete the task, only actual site visits and samples collected would be billed.A report of findings will be prepared for each sampling event. Labor will be billed at a unit cost of$1,250.00 per half day sampling event(site visit and report). Labor for full day site visits (and report) will be billed at a unit cost of$1,550.00 Responsive a Resourceful m Reliable 6 Proposal for Lead Exposure Control Plan Consulting AM Kent Police Department Exposure Assessment, Kent,WA 98030 ENVIRONMENTAL '... April 1,2015—RGA Proposal Number R3150048 TASK B: WRITTEN LEAD COMPLIANCE PROGRAM AUDIT— RGA will develop a written lead program for Client. Program will address the required elements as defined in WAC 296-62-07521, Lead and address the lead exposure conditions 1,175.00 as determined by the lead hazard and exposure assessment. Program to include procedures and policies for exposure control and monitoring, respiratory protection, personal protective equipment and housekeeping, medical surveillance, training, and recordkeeping. TaskC: TRAINING PROGRAM AUDIT- RGA will provide Industrial Hygienists and Safety Professionals to review, and edit existing 950.00 training materials to verify that the presentation that addresses all required elements for a 2 hour lead awareness presentation. Task D: PERIODIC SYSTEM EVALUATION - RGA will perform quarterly ventilation and surface cleaning evaluations. 10 paired wipe samples (total of 20 samples)will be collected per evaluation from various floor and elevated 4,500.00 horizontal surfaces to evaluate effectiveness of cleaning protocols. A report of findings will be prepared for each event. Labor cost for each sampling event, including report, is $1,125/event. Task A: Lead Wipe/Air Samples - 16 samples @ $18 each w/standard 5 day turnaround time 288.00 Task A: Noisepro DLX noise Dosimeter-8 units @ $45.00 unit/day 360.00 Task D: Lead Wipe Samples- 84 samples @$18 each w/standard 5 day turnaround time 1,440.00 ® ® a ® $161263.00 Should it be necessary to expand our services beyond those outlined in this proposal,we will notify you, then send a supplemental proposal stating the additional services and fee. We will not proceed without your authorization, as evidenced by your signature on the Supplement Agreement form. D. AUTHORIZATION I We have attached an Agreement for Services that is incorporated into this proposal and that you must sign to authorize us to do this work. This proposal is valid for 60 days from the date of this proposal. We appreciate the opportunity to provide this proposal and look forward to working with you on this project. This proposal may be accepted by executing the attached Agreement for Services (Agreement) and returning one executed copy along with this proposal to RGA. You may authorize us by returning these documents via email (11 inuva(a�terracon.com) or by fax (206-281-8922). This Agreement, including the limitations it contains, shall constitute the exclusive terms, conditions and services to be performed for this project. Responsive w Resourceful R Reliable 7 Proposal for Lead Exposure Control Plan Consulting RGA Kent Police Department Exposure Assessment, Kent,WA 98030 E N V rR o N M E N rA L April 1, 2015—RGA Proposal Number R3150048 Ar.--, Again, we greatly appreciate the opportunity to provide this proposal for our services. If you have any questions, please do not hesitate to contact us. Sincerely, RGA Environmental, A Terracon Company Eric Hartman, CIH Alex Peck,CIH Senior Project Manager Industrial Hygiene Department Manager RGA Environmental,a Terracon Company Terracon Consultants,Inc. Attachment: Agreement for Services Responsive w Resourceful m Reliable 8 REQUEST FOR MAYOR'S SIGNATURE IC�NT Please Fill in All Applicable Boxes Reviewed by Director Originator's Name ,!.I+ ,",, I Dept/Div..-R1xtension: C,9jj',� Date Required: D Date Sent: 4-1,` h-2 Return to: AONTRACT TERMINATION DATE, VENDOR: I DATE OF COUNCIL APPROVAL: ATTACH THE COUNCIL MOTION SHEET FOR THE MAYOR - if appliclable Brief Explanation of Document: Z iem- ""ne) 4- r 4� vt All Contracts Must Be Routed Through The Law Department (This area to be completed by the Law Department) Received: Approval of Law Dept.., A tz- Law Dept. Comments: Date Forwarded to Mayor: Shaded Areas To Be Completed By Administration Staff 17,3 Received: Recommendations and Comments: Disposition: Date Returned: