J0285-35-01 278 Burts Pit Road - Asbestos Assessment Report - 04 05 2021
March 31, 2021
J0285-35-01
City of Northampton, Massachusetts
210 Main Street, Room 11
Northampton, Massachusetts 01060
Attn: Mr. Wayne Feiden, FAICP
Director of Planning and Sustainability
Re: Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
Dear Mr. Feiden:
O’Reilly, Talbot & Okun Associates, Inc. is pleased to provide this Asbestos
Assessment report for the former residential building and detached garage located at
278 Burts Pit Road in Northampton, Massachusetts.
We appreciate the opportunity to assist you on this project. Should you have any
questions regarding the report, please do not hesitate to call.
Sincerely,
O’Reilly, Talbot & Okun Associates, Inc.
Christine Arruda, CIEC
Senior Project Manager
Robert Kirchherr, CSP
Principal
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
2
CONTENTS
1.0 INTRODUCTION………………………………………………………………………………..3
2.0 BUILDING DESCRIPTION……………………………………………………………………3
3.0 ASBESTOS ASSESSMENT……………………………………………………………………4
4.0 ASBESTOS TESTING RESULTS…………………………………………………………….5
5.0 CONCLUSIONS………………………………………………………………………………….6
6.0 LIMITATIONS……………………………………………………………………………………7
TABLES
Table 1 Summary of EMSL Analytical Results
Table 2 ACM & PACM Results, with Estimated Quantities (p.5)
APPENDICES
Appendix A Terms and Conditions of Engagement
Appendix B EMSL Laboratory Analytical Results
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
3
1.0 INTRODUCTION
O’Reilly Talbot & Okun Associates, Inc. (OTO) has conducted an asbestos assessment at
the at the structures located at 278 Burts Pit Road, Massachusetts (Site). This assessment
was performed in general accordance with the Environmental Protection Agency’s (EPA)
National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations to
prepare the buildings for demolition. Assessment activities were conducted to generally
identify locations where asbestos containing materials (ACMs) and Presumed Asbestos
Containing Materials (PACMs) may be present within the Site structure.
It is our understanding that the Site buildings are to be demolished. Our assessment was
limited to safely accessible areas of the building, and our activities were conducted in an
effort to provide the client with general knowledge of materials that may contain asbestos.
The information provided in this report is subject to the attached Limitations as described
herein and, and Terms and Conditions of Engagement as attached in Appendix A.
2.0 BUILDING DESCRIPTION
The former residential structure located at 378 Burts Pit Road is a two story, wood framed
building with a walk-out basement, and an attic (please note: the attic was not accessed
due to storage of glass windows which blocked entry to the attic stairs). The structure has
been vacant for over two decades and is in a state of minor deterioration. The basement
level is stepped into grade, and constructed with a concrete foundation floor, and mixed
brick and fieldstone foundation walls.
The property also contains a detached one-story, wood framed constructed on
concrete/concrete blocks, on grade. Access to the interior of the garage was not achieved.
However, limited visual observations indicate the building does not contain interior finishes
nor is heated.
The exteriors of both the residence and the garage are finished with cementitious (Transite)
siding over vapor paper and horizontal wood siding or wood framing. The residential
building roof is a pitched, gable-style roof finished with slate shingles. Slate shingle roofing
may contain an adhesive flashing cement in the valleys and drip edges that may contain
asbestos fibers. The roofing flashing cement is considered a suspect asbestos containing
material. Due to the inaccessibility of the roof during the assessment, the slate roofing
materials are considered a presumed asbestos containing material (PACM). The garage
roof is a pitched style roof finished with asphalt roofing shingles. Bulk samples were
collected of the garage roofing materials. Laboratory analysis indicates the garage roofing
materials do not contain asbestos.
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
4
Floors within the interior of the residential structure are constructed of wood flooring or are
finished with resilient flooring with adhesive mastic over a wood subfloor. Walls are
primarily finished with plaster over wood lathe. Ceilings are primarily finished with plaster,
with one room/area finished with 12-inch by 12-inch cellulose ceiling tiles. Bulk samples
were collected of resilient flooring and associated adhesive mastic, wall and ceiling plaster,
and ceiling tiles. Of these materials, analytical laboratory analysis indicates that wall plaster
in the first floor dining room and pantry contains asbestos, as well as resilient flooring
located in the first floor kitchen and the second floor C/D1 corner bedroom.
Windows are wood framed, single pan, double sash style windows with fibrous glazing
compounds. Many of these windows have been removed and are being stored in the
second floor bathroom. Others left in place are in poor working condition and are boarded
from the exterior, limiting access for sampling purposes. Therefore, window glazing is
classified as PACM. Typically, the abatement would involve the removal and disposal of
the double window sash as a unit.
The residence was formerly heated by radiant steam heat supplied by a metal-clad,
uninsulated, fuel oil2 fed boiler located in the basement level. Internal components (i.e.,
refractory, gaskets) may contain asbestos and are classified as PACM. Piping in the
basement was observed to have asbestos thermal systems insulation (TSI) in poor
condition, with TSI debris on the basement foundation floor. Laboratory analytical results
from bulk samples confirm the TSI contains asbestos.
3.0 ASBESTOS ASSESSMENT
Representative bulk samples of safely accessible homogeneous materials were collected
in a statistically random manner. Samples were packaged according to appropriate chain
of custody procedures, and forwarded to EMSL Analytical Services, Inc. of Cinnaminson,
New Jersey for analysis of asbestos fibers by the polarized light microscopy (PLM) method,
EPA 600/R-93/116. EMSL is an American Industrial Hygiene Association/National
Voluntary Laboratory Accreditation Program (AIHA/NVLAP) accredited asbestos
laboratory and is licensed by the Massachusetts Department of Labor Standards (DLS).
Samples were collected by Mr. Sean Reilly (MA DLS Asbestos Inspector AI900733).
Homogenous building components were visually classified based on color, texture,
application and the age of the building component. As part of this assessment, limited
destructive testing was conducted. Destructive testing includes making penetrations (at
times, significant in nature) into building materials as an effort to determine if suspect
asbestos containing materials may be present within hidden cavities and arears. At times,
however, ACMs may be located in areas not accessed during our assessment such as
1 Walls are labeled A through D in a clockwise manner, with the A-wall being positioned parallel to the main road or
street (in this case, Burts Pit Road).
2 General information regarding underground or above ground storage tanks (USTs or ASTs) is not included in this
report, but can be found under separate cover in a Phase I Environmental Site Assessment (ESA) report written by OTO
and provided to the City of Northampton.
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
5
beneath floors, in hidden wall cavities, and in other enclosed spaces. ACMs in these areas
may only become evident during demolition activities.
In accordance with state and federal regulations, materials that are tested and identified by
laboratory analysis to contain 1% and greater of asbestos will be classified as ACM.
Additionally, the Massachusetts Department of Environmental Protection defines materials
containing any amount of asbestos (less than 1%) be handled as an asbestos containing
waste material (ACWM). Suspect materials that were not accessible will be classified as
presumed asbestos containing materials (PACM).
Table 1 attached summarizes the bulk samples and analytical results.
4.0 ASBESTOS TESTING RESULTS
The asbestos assessment including laboratory analysis of bulk samples collected at 278
Burts Pit Road indicate that the following materials (shown in Table 1 below) are classified
as ACM or PACM.
TABLE 2
ACM & PACM RESULTS, WITH ESTIMATED QUANTITIES
278 Burts Pit Road
Northampton, Massachusetts
MATERIAL LOCATION ESTIMATED
QUANTITY
ACM
Resilient Flooring Materials
& Associated Mastics
· 1st Floor Kitchen (Brown Tile)
· 2nd Floor C/D Bedroom (Grey Tile)
· 195 sq. ft.
· 125 sq. ft.
Wall Plaster · 1st Floor Dining Room
· 1st Floor Pantry
· 450 sq. ft.
· 400 sq. ft.
Cementitious Siding · Residential Structure
· Detached Garage
· 1,500 sq. ft.
· 600 sq. ft.
Thermal Systems Insulation Basement, and debris on foundation
floor 250 ln.ft.
PACM
Windows Exterior Mounted, Stored Inside, and
Basement Storage Room 32 units
Boiler
(Internal Components:
gaskets, refractory)
Basement 1 Boiler
Slate Roofing Residential Structure 1,050 sq. ft.
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
6
It is important to note that these quantities are estimations only. Actual quantities may vary
and may only become evident during demolition activities. Should suspect materials be
encountered during such events, activities should cease to allow proper sampling and
laboratory analysis of the suspect material(s). ACM should be properly abated by EPA
accredited and Massachusetts licensed asbestos abatement contractor.
5.0 CONCLUSIONS
O’Reilly, Talbot & Okun Associates, Inc. performed an asbestos assessment of the
residential building and detached garage located at 278 Burts Pit Road in Northampton,
Massachusetts (Site).
The purpose of this assessment was to generally identify locations where Asbestos
Containing Materials (ACMs) and Presumed Asbestos Containing Materials (PACMs may
be present on or in the buildings. The results of our visual observations and bulk sampling
indicate that certain finish materials contain asbestos. We have estimated the quantities of
identified ACM and PACM in Table 2. ACM to be disturbed as part of demolition activities
must be properly abated, removed, and disposed of by a licensed Asbestos Abatement
contractor.
Because no assessment can entirely or wholly rule-out the presence of asbestos and
hazardous materials in or on any Site buildings, additional suspect materials may be
encountered during demolition activities. Should such materials be discovered, renovation
and/or demolition activities should cease to allow for these materials to be tested by trained
and licensed inspection personnel.
Asbestos Assessment Report
278 Burts Pit Road
Northampton, Massachusetts
J0285-35-01
March 31, 2021
7
6.0 LIMITATIONS
1. The observations presented in this report were made under the conditions described
herein. The conclusions presented in this report were based solely upon the services
described in the report and not on scientific tasks or procedures beyond the scope of the
project or the time and budgetary constraints imposed by the client. The work described
in this report was carried out in accordance with the contract Terms and Conditions.
2. In preparing the report O'Reilly, Talbot, Okun & Associates, Inc. relied on certain
information provided by state and local officials and other parties referenced herein, and
on information contained in the files of state or local regulatory agencies at the time of the
file review. Although there may have been some degree of overlap in the information
provided by these sources, O'Reilly, Talbot, Okun & Associates, Inc. did not attempt to
independently verify the accuracy or completeness of all information reviewed or received
during the course of this assessment.
3. Observations were made of the site and of the structures on the site as indicated within
the report. Where access to portions of the site or to structures on the site was
unavailable or limited, we render no opinion as to the presence of asbestos containing
materials or hazardous, or to the presence of indirect information relating to asbestos
containing or hazardous materials in that portion of the site. In addition, we render no
opinion as to the presence of asbestos containing or hazardous materials, where direct
observations of portions of the site where obstructed by objects or coverings on or over
these surfaces.
4. Unless otherwise specified in the Report, we did not perform testing or analyses to
determine the presence or concentration of additional potential asbestos containing
materials, hazardous materials, oil, or polychlorinated biphenyls (PCBs) at the site or in
the environment at the site.
5. Our report was prepared for the exclusive benefit of our client. Reliance upon the report
and its conclusions is not made to third parties or future property owners.
APPENDIX A
Proposal for Asbestos Consulting Services
278 Burts Pit Road
Northampton, Massachusetts
P0285-35-01
February 8, 2021
6
TERMS AND CONDITIONS OF ENGAGEMENT
THESE TERMS AND CONDITIONS AND THE "PROPOSAL" DATED FEBRUARY 8, 2021
SUBMITTED BY O'REILLY, TALBOT & OKUN ASSOCIATES, INC. ("CONSULTANT") TO THE
CITY OF NORTHAMPTON, MASSACHUSETTS ("CLIENT"), MAKE UP THE "AGREEMENT"
BETWEEN CLIENT AND THE CONSULTANT.
1. SERVICES AND STANDARD OF CARE: THE SERVICES REFERENCED IN OUR PROPOSAL
DATED FEBRUARY 8, 2021 BY CONSULTANT UNDER THIS AGREEMENT WILL BE
CONDUCTED IN A MANNER CONSISTENT WITH THAT LEVEL OF CARE AND SKILL
ORDINARILY EXERCISED BY MEMBERS OF THE PROFESSION CURRENTLY PRACTICING IN
THE SAME LOCALITY UNDER SIMILAR CONDITIONS. NO OTHER REPRESENTATION,
EXPRESSED, OR IMPLIED, AND NO WARRANTY OR GUARANTY IS INCLUDED OR INTENDED
IN THIS AGREEMENT, OR IN ANY REPORT, OPINION, DOCUMENT, OR OTHERWISE.
2. GOVERNING LAW, SEVERABILITY AND DISPUTE RESOLUTION: THIS AGREEMENT SHALL
BE GOVERNED AND ENFORCEABLE IN ACCORDANCE WITH THE LAWS OF
MASSACHUSETTS. ANY ELEMENT OF THIS AGREEMENT LATER HELD TO VIOLATE A LAW
OR REGULATION SHALL BE DEEMED VOID, AND ALL REMAINING PROVISIONS SHALL
CONTINUE IN FORCE. TO RESOLVE CONFLICTS THAT ARISE IN CONNECTION WITH THE
CONSULTANT’S SERVICES, THE CLIENT AND THE CONSULTANT AGREE THAT DISPUTES
BETWEEN THEM ARISING OUT OR RELATED TO THIS AGREEMENT SHALL BE SUBMITTED
TO NONBINDING MEDIATION.
3. ASSIGNMENT: NEITHER PARTY TO THIS AGREEMENT SHALL ASSIGN ITS DUTIES AND
OBLIGATIONS HEREUNDER WITHOUT PRIOR WRITTEN CONSENT OF THE OTHER PARTY,
EXCEPT THAT CONSULTANT MAY USE THE SERVICES OF PERSONS AND ENTITIES NOT IN
ITS EMPLOY, WHEN IT IS NECESSARY OR CONSULTANT DEEMS APPROPRIATE. SUCH
PERSONS AND ENTITIES MAY INCLUDE, BUT ARE NOT NECESSARILY LIMITED TO;
SURVEYORS, SPECIALTY CONSULTANTS, DRILLING CONTRACTORS, AND TESTING
LABORATORIES.
4. TERMINATION: CLIENT MAY TERMINATE THIS AGREEMENT WITHOUT PENALTY UPON
SEVEN (7) CALENDAR DAYS WRITTEN NOTICE TO CONSULTANT, PROVIDED, THAT CLIENT
SHALL BE OBLIGATED PURSUANT TO THE TERMS HEREOF FOR ALL SERVICES
PERFORMED AND OBLIGATIONS INCURRED BY CONSULTANT ON CLIENT'S BEHALF AS OF
THE EFFECTIVE DATE OF TERMINATION. SUCH SERVICES SHALL INCLUDE THOSE
RENDERED UP TO THE DATE OF TERMINATION, AS WELL AS THOSE REASONABLE COSTS
ASSOCIATED WITH THE TERMINATION ITSELF, SUCH AS DEMOBILIZATION. CONSULTANT
MAY TERMINATE THIS AGREEMENT UPON SEVEN (7) CALENDAR DAYS WRITTEN NOTICE
TO CLIENT OF NON-PAYMENT OF INVOICES WITHIN THE FORTY-FIVE (45) DAY PERIOD
DESCRIBED IN ARTICLE 5 OF THIS AGREEMENT. IN THE EVENT OF TERMINATION FOR
NON-PAYMENT OF INVOICES, CLIENT WILL BE RESPONSIBLE FOR ALL REASONABLE
TERMINATION COSTS INCURRED BY CONSULTANT.
5. PAYMENT: PAYMENT IS DUE UPON INVOICE PRESENTATION AND NO LATER THAN FORTY-
FIVE (45) DAYS FROM INVOICE DATE. THE UNPAID BALANCE AFTER 45 DAYS FROM THE
INVOICE DATE WILL BE SUBJECT TO A FINANCE CHARGE OF 1-1/2 PERCENT PER MONTH,
OR THE MAXIMUM LAWFUL ANNUAL INTEREST RATE, WHICHEVER IS LESS. ANY
OBJECTION TO AN INVOICES OR PORTION THEREOF MUST BE MADE BY THE CLIENT, IN
WRITING, WITHIN 14 DAYS OF INVOICE PRESENTATION OR THE OBJECTION WILL BE
Proposal for Asbestos Consulting Services
278 Burts Pit Road
Northampton, Massachusetts
P0285-35-01
February 8, 2021
7
WAIVED. THE UNPAID BALANCE AFTER 90 DAYS OF INVOICE PRESENTATION WILL BE
SUBJECT TO COLLECTION CHARGES WHICH MAY INCLUDE REASONABLE ATTORNEY’S
FEES, COURT COSTS, CONSULTANT EXPENSE AND PROFESSIONAL TIME AT STANDARD
RATES SPENT IN CONNECTION WITH A COLLECTION ACTION. CONSULTANT HAS THE
OPTION TO SUSPEND WORK ACTIVITIES UNDER THIS AGREEMENT FOR NONPAYMENT OR
LATE PAYEMENT OF INVOICES SEVEN (7) CALENDAR DAYS AFTER PROVIDING NOTICE TO
CLIENT. SUCH SUSPENSION MAY CONTINUE AT THE CONSULTANT’S DISCRETION,
WITHOUT CONSEQUENCE, UNTIL PAYMENT IN FULL FOR OUTSTANDING INVOICES IS
RECEIVED.
6. ESCALATION: IF THE SERVICES DESCRIBED IN THE PROPOSAL REQUIRE LONGER THAN
12 MONTHS TO COMPLETE, THEN THE CONSULTANT SHALL HAVE THE OPTION TO
INCREASE THE PROJECT FEE SO AS TO COMPENSATE FOR ITS INCREASED COSTS
DURING THE TERM OF THE PROJECT ON OR AFTER THE PROPOSAL’S ANNIVERSARY
DATE. THE INCREASE IN FEE WILL BE AFFECTED BY THE SUBSTITUTION OF THE
CONSULTANT’S THEN CURRENT STANDARD FEE SCHEDULE IN PLACE OF THE FEE
SCHEDULE ORIGINALLY INCLUDED WITH THE PROPOSAL. ONLY THE PREVIOUSLY
UNBILLED PORTION OF THE FEE WILL BE MODIFIED BY THE ESCALATION. THE
CONSULTANT’S OPTION UNDER THIS SECTION MAY BE EXERCISED ON EACH
SUBSEQUENT ANNIVERSARY OF THE PROPOSAL DATE UNTIL THE APPLICABLE SERVICES
ARE COMPLETED.
7. RIGHT OF ENTRY: CLIENT SHALL PROVIDE TO CONSULTANT, AND ITS SUBCONTRACTORS,
ACCESS TO ANY SITE NECESSARY TO PERFORM THE SCOPE OF SERVICES INCLUDED
HEREUNDER. CLIENT UNDERSTANDS THAT CERTAIN TASKS, SUCH AS FIELD
EXPLORATIONS, MAY CAUSE DAMAGE. THE CONSULTANT SHALL BE RESPONSIBLE FOR
SUCH DAMAGE TO THE EXTENT CAUSED BY OUR NEGLIGENT ACTS.
8. UNDERGROUND STRUCTURES: IF SUBSURFACE EXPLORATIONS ARE PERFORMED,
CONSULTANT WILL CONTACT THE APPROPRIATE GOVERNMENT AND/OR PRIVATE
AGENCY WHICH LOCATES SUBSURFACE UTILITIES. CLIENT WILL PROVIDE CONSULTANT
WITH ALL PLANS AND OTHER INFORMATION IN CLIENT'S POSSESSION OR CONTROL
CONCERNING SITE UNDERGROUND STRUCTURES. ON SITES NOT OWNED BY CLIENT, WE
WILL REQUEST UTILITY LOCATIONS AND OTHER PLANS FROM THE SITE OWNER OR
OTHER PERSON(S) DESIGNATED BY CLIENT. CLIENT AGREES TO ACCEPT THE RISKS OF
DAMAGE AND LOSS ASSOCIATED WITH REPAIR OR RESTORATION OF ANY
IMPROVEMENTS NOT LOCATED ON PLANS AND OR IDENTIFIED IN INFORMATION
PROVIDED TO CONSULTANT.
9. SAMPLES/MANIFEST: UNLESS OTHERWISE REQUESTED IN WRITING, CONSULTANT MAY
DISPOSE OF ALL SOIL, ROCK, WATER AND ALL OTHER SAMPLES THIRTY (30) DAYS AFTER
CONSULTANT SUBMITS ITS FINAL REPORT FOR THE SERVICES DESCRIBED IN THIS
AGREEMENT. UNLESS OTHERWISE INDICATED, COSTS ASSOCIATED WITH TESTING,
STORAGE AND DISPOSAL OF ANY SAMPLES WHICH COULD BE CONSIDERED HAZARDOUS
UNDER STATE OR FEDERAL LAW OR REGULATIONS HAVE NOT BEEN INCLUDED IN COST
ESTIMATES PROVIDED TO CLIENT. ARRANGEMENTS FOR TRANSPORT, TREATMENT,
STORAGE, AND DISPOSAL (INCLUDING SAMPLES NOT SO REMOVED), WILL BE MADE BY
CLIENT, AT CLIENT'S EXPENSE.
10. FIELD OBSERVATION SERVICES: CONSULTANT'S SERVICES WILL NOT INCLUDE THE
DIRECTION OR SUPERVISION OF A CONTRACTOR OR SUBCONTRACTOR OTHER THAN
THOSE CONTRACTED DIRECTLY BY CONSULTANT. OUR SERVICES DO NOT INCLUDE
Proposal for Asbestos Consulting Services
278 Burts Pit Road
Northampton, Massachusetts
P0285-35-01
February 8, 2021
8
RESPONSIBILITY FOR HEALTH AND SAFETY PRACTICES PERFORMED BY OTHERS ON THE
SITE.
11. JOBSITE SAFETY: NEITHER THE PROFESSIONAL ACTIVITIES OF THE CONSULTANT, NOR
THE PRESENCE OF THE CONSULTANT OR ITS EMPLOYEES AND SUBCONSULTANTS AT A
CONSTRUCTION/PROJECT SITE, SHALL IMPOSE ANY DUTY ON THE CONSULTANT, NOR
RELIEVE THE GENERAL CONTRACTOR OF ITS OBLIGATIONS, DUTIES AND
RESPONSIBILITIES INCLUDING, BUT NOT LIMITED TO, CONSTRUCTION MEANS, METHODS,
SEQUENCE, TECHNIQUES OR PROCEDURES NECESSARY FOR PERFORMING,
SUPERINTENDING AND COORDINATING THE WORK IN ACCORDANCE WITH THE
CONTRACT DOCUMENTS AND ANY HEALTH OR SAFETY PRECAUTIONS REQUIRED BY ANY
REGULATORY AGENCIES. THE CONSULTANT AND ITS PERSONNEL HAVE NO AUTHORITY
TO EXERCISE ANY CONTROL OVER ANY CONSTRUCTION CONTRACTOR OR ITS
EMPLOYEES IN CONNECTION WITH THEIR WORK OR ANY HEALTH OR SAFETY PROGRAMS
OR PROCEDURES. THE CLIENT AGREES THAT THE GENERAL CONTRACTOR SHALL BE
SOLELY RESPONSIBLE FOR JOBSITE AND WORKER SAFETY AND WARRANTS THAT THIS
INTENT SHALL BE CARRIED OUT IN THE CLIENT'S CONTRACT WITH THE GENERAL
CONTRACTOR. THE CLIENT ALSO AGREES THAT THE GENERAL CONTRACTOR SHALL
DEFEND AND INDEMNIFY THE CLIENT, THE CONSULTANT AND THE CONSULTANT’S
SUBCONSULTANTS. THE CLIENT ALSO AGREES THAT THE CONSULTAN AND THE
CONSULTANT’S SUBCONSULTANTS SHALL BE MADE ADDITIONAL INSUREDS UNDER THE
GENERAL CONTRACTOR'S POLICIES OF GENERAL LIABILITY INSURANCE.
12. OWNERSHIP OF DOCUMENTS: ALL REPORTS, BORING LOGS, FIELD DATA, FIELD NOTES,
LABORATORY TEST DATA, CALCULATIONS, ESTIMATES, AND OTHER DOCUMENTS
PREPARED BY CONSULTANT AS INSTRUMENTS OF SERVICE SHALL REMAIN THE SOLE
PROPERTY OF CONSULTANT. CONSULTANT SHALL RETAIN RECORDS FOR A PERIOD OF
THREE YEARS. AT CLIENT'S REQUEST, CONSULTANT WILL PROVIDE REASONABLE
ACCESS OR COPIES OF SUCH DOCUMENTS. REPRODUCTION COSTS WILL BE AT
CLIENT'S EXPENSE.
13. DISCLOSURE OF INFORMATION: CLIENT WILL INFORM CONSULTANT OF ALL
INFORMATION IN CLIENT'S POSSESSION OR CONTROL RELEVANT TO THE
PERFORMANCE OF CONSULTANT'S SERVICES. THIS INFORMATION INCLUDES, BUT IS
NOT LIMITED TO ALL PRIOR SITE REPORTS, WASTE DISPOSAL MANIFESTS, PERMITS, AND
ANALYTICAL DATA. CLIENT WILL INDEMNIFY, DEFEND, AND HOLD CONSULTANT
HARMLESS OF AND FROM ALL LOSS OR DAMAGE RESULTING FROM ANY CLAIM THAT
ARISES, IN WHOLE OR IN PART, AS A RESULT OF INFORMATION CLIENT FAILS TO
DISCLOSE TO CONSULTANT.
14. THIRD PARTY RIGHTS: UNLESS OTHERWISE SPECIFIED IN THE AGREEMENT, THE
AGREEMENT SHALL NOT CREATE ANY RIGHTS OR BENEFITS TO PARTIES OTHER THAN
CLIENT AND CONSULTANT.
15. LIMITATION OF PROFESSIONAL LIABILITY: CLIENT AGREES TO LIMIT CONSULTANT'S
LIABILITY TO CLIENT AND ALL THIRD PARTIES ARISING FROM CONSULTANT'S
PROFESSIONAL ACTS, ERRORS, AND OMISSIONS, SUCH THAT THE AGGREGATE LIABILITY
OF CONSULTANT AND ITS EMPLOYEES, AND PERSONS OR ENTITIES ACTING ON
CONSULTANT'S BEHALF SHALL NOT EXCEED $100,000.00 OR CONSULTANT'S TOTAL FEE
FOR SERVICES UNDER THIS AGREEMENT, WHICHEVER IS GREATER. THIS TOTAL LIMIT
OF PROFESSIONAL LIABILITY INCLUDES BUT IS NOT LIMITED TO THE SUM OF CLAIMS
Proposal for Asbestos Consulting Services
278 Burts Pit Road
Northampton, Massachusetts
P0285-35-01
February 8, 2021
9
ARISING FROM BREACH OF CONTRACT, STRICT LIABILITY, AS WELL AS INDIRECT AND
CONSEQUENTIAL DAMAGES. CONSULTANT MAY, UPON CLIENT'S WRITTEN REQUEST,
AGREE TO INCREASE THE ABOVE LIMIT OF CONSULTANT'S PROFESSIONAL LIABILITY IN
CONSIDERATION OF PAYMENT BY CLIENT OF ADDITIONAL MONETARY AND OTHER
CONSIDERATION.
16. CERTIFICATIONS, GUARANTEES AND WARRANTEES: CONSULTANT CANNOT AND DOES
NOT OFFER CERTIFICATIONS, GUARANTEES OR WARRANTEES REGARDING ITS
SERVICES. THE CONSULTANT OFFERS PROFESSIONAL OPINIONS REGARDING THE
STATUS OF ENGINEERING AND SCIENTIFIC MATTERS BASED UPON AVAILABLE LIMITED
INFORMATION.
17. CONSEQUENTIAL DAMAGES: NOTWITHSTANDING ANY OTHER PROVISION OF THIS
AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER THE CLIENT
NOR THE CONSULTANT, THEIR RESPECTIVE OFFICERS, DIRECTORS, PARTNERS,
EMPLOYEES, CONTRACTORS OR SUBCONSULTANTS SHALL BE LIABLE TO THE OTHER OR
SHALL MAKE ANY CLAIM FOR ANY INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES
ARISING OUT OF OR CONNECTED IN ANY WAY TO THE PROJECT OR TO THIS AGREEMENT.
THIS MUTUAL WAIVER OF CONSEQUENTIAL DAMAGES SHALL INCLUDE, BUT IS NOT
LIMITED TO, LOSS OF USE, LOSS OF PROFIT, LOSS OF BUSINESS, LOSS OF INCOME, LOSS
OF REPUTATION OR ANY OTHER CONSEQUENTIAL DAMAGES THAT EITHER PARTY MAY
HAVE INCURRED FROM ANY CAUSE OF ACTION INCLUDING NEGLIGENCE, STRICT
LIABILITY, BREACH OF CONTRACT AND BREACH OF STRICT OR IMPLIED WARRANTY.
BOTH THE CLIENT AND THE CONSULTANT SHALL REQUIRE SIMILAR WAIVERS OF
CONSEQUENTIAL DAMAGES PROTECTING ALL THE ENTITIES OR PERSONS NAMED
HEREIN IN ALL CONTRACTS AND SUBCONTRACTS WITH OTHERS INVOLVED IN THIS
PROJECT.
18. PROFESSIONAL SERVICES BY CONSULTANT EMPLOYEES HOLDING LICENSE(S) AND/OR
REGISTRATION(S): IN CONDUCTING CERTAIN PROFESSIONAL SERVICES, CONSULTANT
EMPLOYEES MAY ACT IN THEIR CAPACITY AS LICENSED AND/OR REGISTERED
PROFESSIONALS AND/OR PROFESSIONAL ENGINEERS, IN ACCORDANCE APPLICABLE
LAWS AND LICENSING/REGISTRATION REQUIREMENTS. CLIENT ACKNOWLEDGES THAT
IN PERFORMING THESE SERVICES, THE CONSULTANT, THROUGH ITS LICENSED AND/OR
REGISTERED PROFESSIONALS, IS BOUND BY LICENSE AND/OR REGISTRATION
REQUIREMENTS AND/OR STATE LAW TO MEET APPLICABLE REQUIREMENTS. CLIENT
FURTHER ACKNOWLEDGES THAT THE CONSULTANT'S DUTY TO COMPLY WITH
PROFESSIONAL LICENSING/REGISTRATION REQUIREMENTS AND STATE LAW MAY IN
SOME INSTANCES CONFLICT WITH CLIENT INTERESTS; IN THESE CASES, THE
CONSULTANT WILL SEEK TO COMPLY WITH PROFESSIONAL REQUIREMENTS AND THE
LAW.
19. THE MASSACHUSETTS DEPARTMENT OF ENVIRONMENTAL PROTECTION (DEP)
CONDUCTS RANDOM AND TARGETED COMPLIANCE AUDITS OF RESPONSE ACTIONS
UNDER THE MCP, AND IN ADDITION INTENDS TO AUDIT ALL RESPONSE ACTIONS WHICH
INCLUDE ACTIVITY AND USE LIMITATIONS (AULS). CLIENT ACKNOWLEDGES THAT CLIENT
IS RESPONSIBLE FOR ALL COSTS ARISING OUT OF CONSULTANT'S ACTIONS TO COMPLY
WITH DEP REQUESTS DURING AN AUDIT, INCLUDING CONSULTANT'S FEES FOR TIME AND
MATERIALS USED IN PREPARING RESPONSES. THESE COSTS ARE NOT INCLUDED IN
CONSULTANT'S CURRENT BUDGET FOR THIS PROPOSAL, UNLESS THE PROPOSAL
SPECIFICALLY STATES OTHERWISE.
APPENDIX B
EMSL Analytical, Inc.
200 Route 130 North Cinnaminson, NJ 08077
Tel/Fax: (800) 220-3675 / (856) 786-5974
http://www.EMSL.com / cinnasblab@EMSL.com
042104922EMSL Order:
Customer ID:ENVI07
Customer PO:
Project ID:
Attention:Phone:Sean Reilly (413) 788-6222
Fax:O'Reilly, Talbot & Okun Associates, Inc.(413) 788-8830
Received Date:293 Bridge Street 03/04/2021 9:30 AM
Analysis Date:Springfield, MA 01103 03/04/2021 - 03/05/2021
Collected Date:03/02/2021
Project:0285-35-01 - 278 Burts Pit Road Northampton, MA
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
278-01-Skim Coat
042104922-0001
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
2nd Floor - A/B
Bedroom - Plaster
Ceiling
278-01-Base Coat
042104922-0001A
None DetectedNon-fibrous (Other)92%Cellulose8%Gray
Fibrous
Homogeneous
2nd Floor - A/B
Bedroom - Plaster
Ceiling
278-02-Skim Coat
042104922-0002
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
2nd Floor - B/C
Bedroom - Plaster
Ceiling
278-02-Base Coat
042104922-0002A
None DetectedNon-fibrous (Other)98%Cellulose2%Gray
Non-Fibrous
Homogeneous
2nd Floor - B/C
Bedroom - Plaster
Ceiling
278-03-Skim Coat
042104922-0003
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
2nd Floor - C/D
Bedroom - Plaster
Ceiling
278-03-Base Coat
042104922-0003A
None DetectedNon-fibrous (Other)92%Cellulose8%Gray
Fibrous
Homogeneous
2nd Floor - C/D
Bedroom - Plaster
Ceiling
278-03-Texture
042104922-0003B
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
2nd Floor - C/D
Bedroom - Plaster
Ceiling
278-04-Skim Coat
042104922-0004
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
1st Floor Dining
Room - Plaster
Ceiling
278-04-Base Coat
042104922-0004A
None DetectedNon-fibrous (Other)92%Cellulose8%Gray
Fibrous
Homogeneous
1st Floor Dining
Room - Plaster
Ceiling
278-05-Skim Coat
042104922-0005
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
1st Floor Living Room
- Plaster Ceiling
278-05-Base Coat
042104922-0005A
None DetectedNon-fibrous (Other)92%Cellulose8%Gray
Fibrous
Homogeneous
1st Floor Living Room
- Plaster Ceiling
278-06-Skim Coat
042104922-0006
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
1st Floor - Kitchen -
Plaster Ceiling
278-06-Base Coat
042104922-0006A
None DetectedNon-fibrous (Other)97%Cellulose3%Gray/Rust
Fibrous
Homogeneous
1st Floor - Kitchen -
Plaster Ceiling
278-07-Skim Coat
042104922-0007
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
Basement - C-Side -
Plaster Ceiling
278-07-Base Coat
042104922-0007A
None DetectedNon-fibrous (Other)100%Gray
Non-Fibrous
Homogeneous
Basement - C-Side -
Plaster Ceiling
278-08-Skim Coat
042104922-0008
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Plaster Wall
Initial report from: 03/05/2021 09:41:59
Page 1 of 4ASB_PLM_0008_0001 - 1.78 Printed: 3/5/2021 9:42 AM
EMSL Analytical, Inc.
200 Route 130 North Cinnaminson, NJ 08077
Tel/Fax: (800) 220-3675 / (856) 786-5974
http://www.EMSL.com / cinnasblab@EMSL.com
042104922EMSL Order:
Customer ID:ENVI07
Customer PO:
Project ID:
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
278-08-Base Coat
042104922-0008A
None DetectedNon-fibrous (Other)96%Cellulose4%Gray
Fibrous
Homogeneous
1st Floor Kitchen -
Plaster Wall
278-08-Texture
042104922-0008B
None DetectedNon-fibrous (Other)100%White/Green
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Plaster Wall
278-09-Skim Coat
042104922-0009
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
1st Floor Living Room
- Plaster Wall
278-09-Base Coat
042104922-0009A
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
1st Floor Living Room
- Plaster Wall
278-10
042104922-0010
2%ChrysotileNon-fibrous (Other)92%Cellulose6%Gray
Fibrous
Homogeneous
1st Floor Dining
Room - Plaster Wall
278-11
042104922-0011
2%ChrysotileNon-fibrous (Other)92%Cellulose6%Gray
Fibrous
Homogeneous
1st Floor Pantry -
Plaster Wall
278-12-Skim Coat
042104922-0012
None DetectedNon-fibrous (Other)100%White
Non-Fibrous
Homogeneous
2nd Floor B/C
Bedroom - Plaster
Wall
278-12-Base Coat
042104922-0012A
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
2nd Floor B/C
Bedroom - Plaster
Wall
278-13
042104922-0013
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
2nd Floor C/D
Bedroom - Plaster
Wall
278-14
042104922-0014
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
2nd Floor D/A
Bedroom - Plaster
Wall
278-15
042104922-0015
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
2nd Floor A/B
Bedroom - Plaster
Wall
278-16
042104922-0016
None DetectedNon-fibrous (Other)94%Cellulose6%Gray
Fibrous
Homogeneous
1st Floor Stairway -
Plaster Wall
278-17
042104922-0017
None DetectedNon-fibrous (Other)10%Cellulose90%Brown/White
Fibrous
Homogeneous
1st Floor Dining
Room - White Ceiling
Tile
278-18
042104922-0018
None DetectedNon-fibrous (Other)10%Cellulose90%Brown/White
Fibrous
Homogeneous
1st Floor Living Room
- White Ceiling Tile
278-19-Floor Tile
042104922-0019
3%ChrysotileNon-fibrous (Other)97%Gray
Non-Fibrous
Homogeneous
2nd Floor C/D
Bedroom - Gray Floor
Tile
278-19-Mastic
042104922-0019A
None DetectedNon-fibrous (Other)100%Yellow
Non-Fibrous
Homogeneous
2nd Floor C/D
Bedroom - Gray Floor
Tile
278-20-Floor Tile
042104922-0020
None DetectedNon-fibrous (Other)100%Gray
Non-Fibrous
Homogeneous
2nd Floor C/D
Bedroom - Gray Floor
Tile
278-20-Mastic
042104922-0020A
None DetectedNon-fibrous (Other)100%Yellow
Non-Fibrous
Homogeneous
2nd Floor C/D
Bedroom - Gray Floor
Tile
278-21
042104922-0021
20%
8%
Amosite
Chrysotile
Non-fibrous (Other)72%White
Fibrous
Homogeneous
Basement A-Side -
Piping TSI
Initial report from: 03/05/2021 09:41:59
Page 2 of 4ASB_PLM_0008_0001 - 1.78 Printed: 3/5/2021 9:42 AM
EMSL Analytical, Inc.
200 Route 130 North Cinnaminson, NJ 08077
Tel/Fax: (800) 220-3675 / (856) 786-5974
http://www.EMSL.com / cinnasblab@EMSL.com
042104922EMSL Order:
Customer ID:ENVI07
Customer PO:
Project ID:
Test Report: Asbestos Analysis of Bulk Materials via EPA 600/R-93/116 Method using Polarized
Light Microscopy
Sample Description Appearance % Fibrous % Non-Fibrous
Non-Asbestos Asbestos
% Type
278-22
042104922-0022
25%
8%
Amosite
Chrysotile
Non-fibrous (Other)67%White
Fibrous
Homogeneous
Basement B-Side -
Piping TSI
278-23
042104922-0023
20%
10%
Amosite
Chrysotile
Non-fibrous (Other)70%White
Fibrous
Homogeneous
Basement D-Side -
Piping TSI
278-24-Siding
042104922-0024
15%ChrysotileNon-fibrous (Other)85%Gray/White/Black
Fibrous
Heterogeneous
Outside House -
White Siding
Result includes inseparable attached mastic.
278-24-Paper
042104922-0024A
None DetectedNon-fibrous (Other)15%Cellulose85%Brown/Black
Fibrous
Heterogeneous
Outside House -
Paper
Result includes inseparable attached mastic.
278-24-Felt
042104922-0024B
None DetectedNon-fibrous (Other)53%Cellulose
Hair
45%
2%
Black
Fibrous
Homogeneous
Outside House -
Paper
278-25-Siding
042104922-0025
15%ChrysotileNon-fibrous (Other)85%Gray/White/Black
Fibrous
Heterogeneous
Outside House -
White Siding
Result includes inseparable attached mastic.
278-25-Paper
042104922-0025A
None DetectedNon-fibrous (Other)15%Cellulose85%Brown/Black
Fibrous
Heterogeneous
Outside House -
Paper
Result includes inseparable attached mastic.
278-25-Felt
042104922-0025B
None DetectedNon-fibrous (Other)53%Cellulose
Hair
45%
2%
Black
Fibrous
Homogeneous
Outside House -
Paper
278-26-Siding
042104922-0026
12%ChrysotileNon-fibrous (Other)88%Gray/White
Fibrous
Homogeneous
Outside Garage -
White Siding
278-26-Paper
042104922-0026A
None DetectedNon-fibrous (Other)15%Cellulose85%Brown/Black
Fibrous
Heterogeneous
Outside Garage -
Paper
Result includes inseparable attached mastic.
278-26-Felt
042104922-0026B
None DetectedNon-fibrous (Other)10%Cellulose90%Brown
Fibrous
Homogeneous
Outside Garage -
Paper
278-27-Floor Tile
042104922-0027
2%ChrysotileNon-fibrous (Other)98%Brown
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Brown Floor Tile
278-27-Mastic
042104922-0027A
None DetectedNon-fibrous (Other)97%Cellulose3%Black
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Brown Floor Tile
278-28-Floor Tile
042104922-0028
2%ChrysotileNon-fibrous (Other)98%Brown
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Brown Floor Tile
278-28-Mastic
042104922-0028A
None DetectedNon-fibrous (Other)100%Black
Non-Fibrous
Homogeneous
1st Floor Kitchen -
Brown Floor Tile
278-29
042104922-0029
None DetectedNon-fibrous (Other)62%Cellulose
Hair
35%
3%
Gray/Red/Black
Fibrous
Homogeneous
Outside Garage -
Asphalt Shingles
278-30
042104922-0030
None DetectedNon-fibrous (Other)60%Cellulose40%Gray/Red/Black
Fibrous
Homogeneous
Soutside House -
Asphalt Shingles
Initial report from: 03/05/2021 09:41:59
Page 3 of 4ASB_PLM_0008_0001 - 1.78 Printed: 3/5/2021 9:42 AM
EMSL Analytical, Inc.
200 Route 130 North Cinnaminson, NJ 08077
Tel/Fax: (800) 220-3675 / (856) 786-5974
http://www.EMSL.com / cinnasblab@EMSL.com
042104922EMSL Order:
Customer ID:ENVI07
Customer PO:
Project ID:
Analyst(s)
Michelle Quach (14)
Olufunke Akintunde (38)
Samantha Rundstrom, Laboratory Manager
or Other Approved Signatory
EMSL maintains liability limited to cost of analysis. Interpretation and use of test results are the responsibility of the client. This report relates only to the samples reported above, and may not be
reproduced, except in full, without written approval by EMSL. EMSL bears no responsibility for sample collection activities or analytical method limitations. The report reflects the samples as received.
Results are generated from the field sampling data (sampling volumes and areas, locations, etc.) provided by the client on the Chain of Custody. Samples are within quality control criteria and met
method specifications unless otherwise noted. The above analyses were performed in general compliance with Appendix E to Subpart E of 40 CFR (previously EPA 600/M4-82-020 “Interim Method”)
but augmented with procedures outlined in the 1993 (”final”) version of the method. This report must not be used by the client to claim product certification, approval, or endorsement by NVLAP, NIST
or any agency of the federal government. Non-friable organically bound materials present a problem matrix and therefore EMSL recommends gravimetric reduction prior to analysis. Unless requested
by the client, building materials manufactured with multiple layers (i.e. linoleum, wallboard, etc.) are reported as a single sample. Estimation of uncertainty is available on request.
Samples analyzed by EMSL Analytical, Inc. Cinnaminson, NJ NVLAP Lab Code 101048-0, AIHA-LAP, LLC-IHLAP Lab 100194, NYS ELAP 10872, NJ DEP 03036, PA ID# 68-00367, LA #04127
Initial report from: 03/05/2021 09:41:59
Page 4 of 4ASB_PLM_0008_0001 - 1.78 Printed: 3/5/2021 9:42 AM
OrderID: 042104922
Page 1 Of 3
OrderID: 042104922
Page 2 Of 3
OrderID: 042104922
Page 3 Of 3