HomeMy WebLinkAbout02/07/2012 04J Underground Storage Tank Removal Agreement with Fulcrum Environmental Consulting, Inc. ,x ° . ` k. 0 C , 4 N
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /
For Meeting of February 7, 2012
ITEM TITLE: Resolution authorizing Agreement with Fulcrum Environmental Consulting, Inc.,
for services required to remove two underground storage tanks at Fire Station
No. 94
SUBMITTED BY: Joan Davenport, Acting Director of Community and Economic Development
CONTACT PERSON /TELEPHONE: Doug Mayo, PE, City Engineer 576 -6678
SUMMARY EXPLANATION:
There are two regulated underground storage tanks (UST) located at Fire Station No. 94 that were used in the past to store
gasoline and diesel. Although these USTs are no longer used, they are inspected annually by the Department of Ecology,
which generally results in fines or maintenance requirements. The proposed contract with Fulcrum provides for the
decommissioning of these regulated USTs by removing them.
Fulcrum Environmental Consulting, Inc. was selected from the Municipal Research and Services Center's (MRSC) roster of
consulting firms.
Resolution X Ordinance Other (specify)
Contract: X Mail to:
Contract Term: Amount: $18,170 Expiration Date: May 31, 2012
Insurance Required? Yes
Funding Source: Environmental Fund 555 Phone:
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION:
Staff respectfully requests that Council adopt the resolution executing a Professional Services Agreement with Fulcrum
Environmental Consulting, Inc.
BOARD /COMMISSION RECOMMENDATION:
ATTACHMENTS:
Click to download
El Resolution Fulcrum
El Professional Services Agreement
RESOLUTION NO. 2012 -
A RESOLUTION authorizing a Professional Services Agreement with Fulcrum
Environmental Consulting, Inc., in an amount not to exceed $18,170, for
services required to remove two 250 - gallon underground storage tanks at
Fire Station No. 94.
WHEREAS, the City of Yakima desires to decommission two underground storage tanks
(UST) located at Fire Station No. 94 by removing the USTs; and,
WHEREAS, the required cost to perform this work has been budgeted in Fund 555; and
WHEREAS, the City utilizes the Municipal Research and Services Center (MRSC) of
Washington roster of consultants whose statements of qualifications represent that they have
the expertise necessary to perform the services required by the City; and,
WHEREAS, the City Council deems it to be in the best interests of the City to contract
with Fulcrum Environmental Consulting, Inc. to perform the services required for the removal of
these USTs; and,
WHEREAS, other contracts or agreements could be required for the decommissioning of
these tanks; now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute a Professional Services Agreement
with Fulcrum Environmental Consulting, Inc., in an amount not to exceed $18,170, for services
required to remove two 250 - gallon underground storage tanks at Fire Station No. 94. The form
of said professional services agreement shall be reviewed and approved by the City Attorney or
his designee.
ADOPTED BY THE CITY COUNCIL this 7 day of February, 2012.
Micah D. Cawley, Mayor
ATTEST:
City Clerk
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
FULCRUM ENVIRONMENTAL CONSULTING, INC.
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this day of , 2012, by and
between the City of Yakima, Washington, with principal offices at 129 North Second Street, Yakima, WA
98901, hereinafter referred to as "CITY," and FULCRUM ENVIRONMENTAL CONSULTING, INC., 406 North
2 " Street, Yakima, WA 98901 and which corporation is licensed and registered to do business in the State of
Washington, hereinafter referred to as "CONSULTANT," for the UNDERGROUND STORAGE TANK
DECOMMISSIONING — 2404 WEST WASHINGTON AVENUE, herein called the "PROJECT."
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the CONSULTANT to provide environmental services for the
UNDERGROUND STORAGE TANK DECOMMISSIONING — 2404 WEST WASHINGTON AVENUE, as
described in this Agreement and subsequent Amendments thereto, and
WHEREAS,CONSULTANT represents that it has available and offers to provide personnel with
expertise and experience necess to satisfactorily accomplish the work within the required time and that it
has no conflicts of interest prohibited by law from entering into this Agreement;
NOW, THEREFORE, CITY and CONSULTANT agree as follows.
SECTION 1 INCORPORATION OF RECITALS
1.1 The above recitals are incorporated into these operative provisions of the Agreement.
SECTION 2 SCOPE OF SERVICES
2.0.1 CONSULTANT agrees to perform those services described hereafter. Unless modified in writing by
both parties, duties of CONSULTANT shall not be construed to exceed those services specifically set
forth herein.
2.0.2 CONSULTANT shall use its best efforts to maintain continuity in personnel throughout the term of this
Agreement unless other personnel are approved by the CITY.
2.1 Basic Services. CONSULTANT agrees to perform those tasks described in Exhibit A, entitled "City of
Yakima - UNDERGROUND STORAGE TANK DECOMMISSIONING —2404 WEST WASHINGTON
AVENUE " (WORK) which is part of this Agreement as if fully set forth herein.
2.2 Additional Services: CITY and CONSULTANT agree that not all WORK to be performed by
CONSULTANT can be defined in detail at the time this Agreement is executed, and that additional
WORK related to the Project and not covered in Exhibit A may be needed during performance of this
Agreement. CITY may, at any time, by written order, direct the CONSULTANT to revise portions of
the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the CONSULTANT perform additional WORK beyond the scope of the
PROJECT WORK. Such changes hereinafter shall be referred to as "Additional Services."
2.2.1 If such Additional Services cause an increase or decrease in the CONSULTANT'S cost of, or time
required for, performance of any services under this Agreement, a contract price and /or completion
time adjustment pursuant to this Agreement shall be made and this Agreement shall be modified in
writing accordingly.
2.2.2 Compensation for each such request for Additional Services will be negotiated by the CITY and the
CONSULTANT and, if so authorized, shall be considered part of the PROJECT WORK. The
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CONSULTANT shall not perform any Additional Services until so authorized by CITY and agreed to
by the CONSULTANT in writing.
2.3 The CONSULTANT must assert any claim for adjustment in writing within thirty (30) days from the
date of receipt by the CONSULTANT of the written notification of change or of providing services
related to an asserted change, whichever is earliest.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY- FURNISHED DATA. The CITY will provide to the CONSULTANT all technical data in the
CITY'S possession relating to the CONSULTANT'S services on the PROJECT including information
on any pre- existing conditions known to the CITY that constitute hazardous waste contamination on
the PROJECT site as determined by an authorized regulatory agency.
3.2 ACCESS TO FACILITIES AND PROPERTY: The CITY will make its facilities reasonably accessible
to CONSULTANT as required for CONSULTANT'S performance of its services and will provide labor
and safety equipment as reasonably required by CONSULTANT for such access.
3.3 TIMELY REVIEW: The CITY will examine the CONSULTANT'S studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor,
accountant, auditor, bond and financial advisors, and other consultants as CITY deems appropriate;
and render in writing decisions required of CITY in a timely manner. Such examinations and
decisions, however, shall not relieve the CONSULTANT of any contractual obligations nor of its duty
to render professional services meeting the standards of care for its profession.
3.4 CITY shall appoint a City's Representative with respect to WORK to be performed under this
Agreement. City's Representative shall have complete authority to transmit instructions and receive
information. CONSULTANT shall be entitled to reasonably rely on such instructions made by the
CITY'S Representative unless otherwise directed in writing by the CITY, but CONSULTANT shall be
responsible for bringing to the attention of the CITY'S Representative any instructions which the
CONSULTANT believes are inadequate, incomplete, or inaccurate based upon the CONSULTANT'S
knowledge.
3 5 Any documents, services, and reports provided by the CITY to the CONSULTANT are available solely
as additional information to the CONSULTANT and will not relieve the CONSULTANT of its duties
and obligations under this Agreement or at law. The CONSULTANT shall be entitled to reasonably
rely upon the accuracy and the completeness of such documents, services and reports, but shall be
responsible for exercising customary professional care in using and reviewing such documents,
services, and reports and drawing conclusions therefrom.
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4.1 In signing this Agreement, CITY grants CONSULTANT specific authorization to proceed with WORK
described in Exhibit A. The time for completion is defined in Exhibit A, or as amended.
SECTION 5 COMPENSATION
5.1 COMPENSATION ON A TIME SPENT BASIS AT SPECIFIC HOURLY RATES: For the services
described in Exhibit A, compensation shall be according to Exhibit C.
5.1.1 DIRECT NON - SALARY EXPENSES: Direct Non -Salary Expenses are those costs incurred on or
directly for the PROJECT including, but not limited to, necessary transportation costs, including
current rates for CONSULTANT'S vehicles; meals and lodging; laboratory tests and analyses,
printing, binding and reproduction charges; all costs associated with other outside nonprofessional
services and facilities, special CITY - requested and PROJECT - related insurance and performance
warranty costs; and other similar costs. Reimbursement for Direct Non -Salary Expenses will be on
the basis of actual charges when furnished by commercial sources and on the basis of current rates
when furnished by CONSULTANT. Estimated Direct Non -Salary Expenses are shown in Exhibit B.
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5.1.1.2 Travel costs, including transportation, lodging, subsistence, and incidental expenses incurred by
employees of the CONSULTANT and each of the Subconsultants in connection with PROJECT
WORK, provided, as follows:
That a maximum of U.S. INTERNAL REVENUE SERVICE allowed cents per mile will be paid
for the operation, maintenance, and depreciation costs of company or individually owned
vehicles for that portion of time they are used for PROJECT WORK. CONSULTANT,
whenever possible, will use the least expensive form of ground transportation.
That reimbursement for meals inclusive of tips shall not exceed a maximum of $40 per day
per person. This rate may be adjusted on a yearly basis.
That accommodation shall be at a reasonably priced hotel /motel.
That air travel shall be by coach class, and shall be used only when absolutely necessary.
5.1.2 Telephone charges, computer charges, in -house reproduction charges, first class postage, and FAX
charges are not included in the direct expense costs, but are considered included in the Schedule of
Specific Hourly Billing Rates.
5.1.3 Professional Subconsultants. Professional Subconsultants are those costs for engineering,
architecture, geotechnical services and similar professional services approved by the CITY.
Reimbursement for Professional Subconsultants will be on the basis of 1.10 times the actual costs
billed by the Professional Subconsultant for services provided to the CITY through this Agreement.
Estimated Subconsultant costs are shown in Exhibits B and C.
5.2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this PROJECT
shall not exceed that amount set forth in Exhibit B. The CONSULTANT will make reasonable efforts
to complete the WORK within the budget and will keep CITY informed of progress toward that end so
that the budget or WORK effort can be adjusted if found necessary. The CONSULTANT is not
obligated to incur costs beyond the indicated budget, as may be adjusted, nor is the CITY obligated to
pay the CONSULTANT beyond these limits. When any budget has been increased, the
CONSULTANT'S excess costs expended prior to such increase will be allowable to the same extent
as if such costs had been incurred after the approved increase, and provided that the City was
informed in writing at the time such costs were incurred.
5.3 The CONSULTANT will use its best efforts to submit to the City's Representative by the 10th day of
each calendar month an invoice for payment for PROJECT services completed through the
accounting cut -off day of the previous month. Such invoices shall be for PROJECT services and
WORK performed and costs incurred prior to the date of the invoice and not covered by previously
submitted invoices. The CONSULTANT shall submit with each invoice a summary of time expended
on the PROJECT for the current billing period, copies of subconsultant invoices, and any other
supporting materials determined by the City necessary to substantiate the costs incurred. CITY will
use its best efforts to pay such invoices within thirty (30) days of receipt and upon approval of the
WORK done and amount billed. CITY will notify the CONSULTANT promptly if any problems are
noted with the invoice. CITY may question any item in an invoice, noting to CONSULTANT the
questionable item(s) and withholding payment for such item(s). The CONSULTANT may resubmit
such item(s) in a subsequent invoice together with additional supporting information required.
5.4 If payment is not made within sixty (60) days following receipt of approved invoices, interest on the
unpaid balance shall accrue beginning with the sixty -first (61) day at the rate of 1.0% per month or the
maximum interest rate permitted by law, whichever is less; provided, however, that no interest shall
accrue pursuant to Chapter 39 76 RCW when before the date of timely payment a notice of dispute is
issued in good faith by the CITY to the CONSULTANT pursuant to the terms of RCW 39 76.020(4).
5.5 Final payment of any balance due the CONSULTANT for PROJECT services will be made within
forty -five (45) days after satisfactory completion of the services required by this Agreement as
evidenced by written acceptance by CITY and after such audit or verification as CITY may deem
necessary and execution and delivery by the CONSULTANT of a release of all known claims against
CITY arising under or by virtue of this Agreement, other than such claims, if any, as may be
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specifically exempted by the CONSULTANT from the operation of the release in stated amounts to be
set forth therein.
5.6 Payment for any PROJECT services and WORK shall not constitute a waiver or release by CITY of
any claims, right, or remedy it may have against the CONSULTANT under this Agreement or by law,
nor shall such payment constitute a waiver, remission, or discharge by CITY of any failure or fault of
the CONSULTANT to satisfactorily perform the PROJECT WORK as required under this Agreement.
SECTION 6 RESPONSIBILITY OF CONSULTANT
6 1 The CONSULTANT shall be responsible for the professional quality, technical adequacy and
accuracy, timely completion, and the coordination of all plans, design, drawings, specifications,
reports, and other services furnished by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or review any errors, omissions, or
other deficiencies in its plans, designs, drawings, specifications, reports, and other services. The
CONSULTANT shall perform its WORK according to generally accepted civil engineering standards
of care and consistent with achieving the PROJECT WORK within budget, on time, and in compliance
with applicable laws, regulations, and.permits.
6.2 CITY'S review or approval of, or payment for, any plans, drawings, designs, specifications, reports,
and incidental WORK or services furnished hereunder shall not in anyway relieve the CONSULTANT
of responsibility for the technical adequacy, completeness, or accuracy of its WORK and the
PROJECT WORK. CITY'S review, approval, or payment for any of the services shall not be
construed to operate as a waiver of any rights under this Agreement or at law or any cause of action
arising out of the performance of this Agreement.
6.3 In performing WORK and services hereunder, the CONSULTANT and its subcontractors,
subconsultants, employees, agents, and representatives shall be acting as independent contractors
and shall not be deemed or construed to be employees or agents of CITY in any manner whatsoever.
The CONSULTANT shall not hold itself out as, nor claim to be, an officer or employee of CITY by
reason hereof and will not make any claim, demand, or application to or for any right or privilege
applicable to an officer or employee of CITY. The CONSULTANT shall be solely responsible for any
claims for wages or compensation by CONSULTANT employees, agents, and representatives,
including subconsultants and subcontractors, and shall save and hold CITY harmless therefrom.
6.4 INDEMNIFICATION
(a) CONSULTANT agrees to indemnify, defend, and hold the CITY harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without limitation
such loss, cost, or expense resulting from injuries to persons or damages to property, caused
solely by the negligence or willful misconduct of the CONSULTANT, its employees, officers,
and subconsultants in connection with the PROJECT. In the event that any lien is placed
upon the property of the CITY or any of the CITY'S officers, employees, or agents as a result
of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at
once cause the same to be dissolved and discharged by giving bond or otherwise.
(b) CITY agrees to indemnify, defend, and hold the CONSULTANT harmless from loss, cost, or
expense, including legal fees, of any kind claimed by third parties, including without limitation
such loss, cost, or expense resulting from injuries to persons or damages to property, caused
solely by the negligence or willful misconduct of the CITY, its employees, or agents in
connection with the PROJECT.
(c) If the negligence or willful misconduct of both the CONSULTANT and the CITY (or a person
identified above for whom each is liable) is a cause of such third party claim, the loss, cost, or
expense shall be shared between the CONSULTANT and the CITY in proportion to their
relative degrees of negligence or willful misconduct and the right of indemnity will apply for
such proportion.
6.5 In any and all claims by an employee of the CONSULTANT, any subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, the
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indemnification obligations under this Agreement shall not be limited, in any way by any limitation on
the amount or types of damages, compensation, or benefits payable by or for the CONSULTANT or a
subcontractor under workers' or workmens' compensation acts, disability benefit acts, or other
employee benefit acts. The CONSULTANT waives its immunity under the Industrial Insurance Act,
Title 51, RCW. Such waiver has been mutually negotiated by the CONSULTANT and the CITY as
evidenced by their specific and express initialing of this paragraph.
CONSULTANT'S INITIALS CITY'S INITIALS
6.6 It is understood that any resident engineering or Construction Observation provided by
CONSULTANT is for the purpose of determining compliance with the technical provisions of
PROJECT specifications and does not constitute any form of guarantee or insurance with respect to
the performance of a contractor. CONSULTANT does not assume responsibility for methods or
appliances used by a contractor, for the safety of construction work, or for compliance by contractors
with laws and regulations. CITY shall use its best efforts to ensure that the construction contract
requires that the contractor(s) indemnify and name CITY, the CITY'S and the CONSULTANT'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractor's insurance policies covering PROJECT, exclusive of insurance for CONSULTANT
professional liability.
6.7 SUBSURFACE INVESTIGATIONS: In soils, foundation, groundwater, and other subsurface
investigations, the actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observation, exploration, and investigations have
been made. Because of the inherent uncertainties in subsurface evaluations, changed or
unanticipated underground conditions may occur that could affect total PROJECT cost and /or
execution. These conditions and cost/execution effects are not the responsibility of the
CONSULTANT to the extent that CONSULTANT has exercised the applicable standard of
professional care and judgment in such investigations.
SECTION 7 PROJECT SCHEDULE AND BUDGET
7.1 The general PROJECT schedule and the budget for both the entire PROJECT and its component
tasks shall be as set forth in this Agreement and Exhibits A and B. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
CONSULTANT within fifteen days after execution of this Agreement. The performance dates and
budgets for tasks may be modified only upon written agreement of the parties hereto. The
performance date for tasks and the completion date for the entire PROJECT shall not be extended
nor the budget increased because of any unwarranted delays attributable to the CONSULTANT, but
may be extended or increased by the CITY in the event of a delay caused by special services
requested by the CITY, or because of unavoidable delay caused by any governmental action, or other
conditions beyond the control of the CONSULTANT which could not be reasonably anticipated.
7.2 Not later than the tenth day of each calendar month during the performance of the PROJECT, the
CONSULTANT shall submit to the CITY'S Representative a copy of the current schedule and a
written narrative description of the WORK accomplished by the CONSULTANT and subconsultants
on each task, indicating a good faith estimate of the percentage completion thereof on the last day of
the previous month. Additional oral or written reports shall be prepared at the request of the CITY for
presentation to other governmental agencies and /or to the public.
SECTION 8 REUSE OF DOCUMENTS
8.1 All internal WORK products of the CONSULTANT are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or in behalf of the
CITY without written permission of the CONSULTANT, which shall not be reasonably withheld will be
at the CITY's sole risk. The CITY agrees to indemnify the CONSULTANT and its officers, employees,
subcontractors, and affiliated corporations from all claims, damages, losses, and costs, including, but
not limited to, litigation expenses and attorney's fees, arising out of or related to such unauthorized
reuse, change, or alteration; provided, however, that the CONSULTANT will not be indemnified for
such claims, damages, losses, and costs including without limitations litigation expenses and attorney
fees where caused by the CONSULTANTs own acts or omissions.
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8.2 The CONSULTANT agrees that ownership of any plans, drawings, designs, specifications, computer
programs, technical reports, operating manuals, calculations, notes, and other WORK submitted or
which are specified to be delivered under this Agreement or which are developed or produced and
paid for under this Agreement, whether or not complete, shall be vested in the CITY.
SECTION 9 AUDIT AND ACCESS TO RECORDS
9.1 The CONSULTANT, including its subconsultants, shall maintain books, records, documents and other
evidence directly pertinent to performance of the WORK under this Agreement in accordance with
generally accepted accounting principles and practices consistently applied. The CITY or the CITY'S
duly authorized representative, shall have access to such books, records, documents, and other
evidence for inspection, audit, and copying for a period of three years after completion of the
PROJECT. The CITY shall also have access to such books, records, and documents during the
performance of the PROJECT WORK if deemed necessary by the CITY to verify the
CONSULTANT'S WORK and invoices.
9.2 Audits conducted pursuant to this section shall be in accordance with generally accepted auditing
standards and established procedures and guidelines of the reviewing or auditing agency.
9.3 The CONSULTANT agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the.CONSULTANT is afforded the opportunity for an
audit exit conference and an opportunity to comment and submit any supporting documentation on
the pertinent portions of the draft audit report and that the final audit report will include written
comments, if any, of the CONSULTANT.
9.4 The CONSULTANT shall ensure that substantially the foregoing paragraphs are included in each
subcontract for WORK on the Project.
9.5 Any charges of the CONSULTANT paid by the CITY found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 Prior to beginning WORK under this Agreement, the CONSULTANT shall provide Certificates of
Insurance satisfactory to the CITY as evidence that policies providing the following coverage and
limits of insurance are in full force and effect. The CITY and the CITY'S directors, officers, principals,
employees, representatives, and agents shall be designated as additional insured on all such policies
except for professional liability and Worker's Compensation. Such insurance shall be primary to the
extent covered as additional insureds and other insurance maintained or carried by the CITY shall be
separate and distinct and shall not be contributing with the insurance listed hereunder.
10.1.1 Commercial general liability insurance, including personal injury liability, blanket contractual liability,
and broad -form property damage liability coverage. The combined single limit for bodily injury and
property damage shall be not less than $1,000,000 per occurrence.
10.1.2. Automobile bodily injury and property damage liability insurance covering owned, non - owned, rented,
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and hired cars. The combined single limit for bodily injury and property damage shall be not less than
$1,000,000 per occurrence.
10.1.3. Statutory workers' compensation and employer's liability insurance as required by state law.
10.1.4. Professional liability insurance. The limit of liability shall be not less than $2,000,000. The policy shall
have a retroactive date at, or prior to the date of this contract or provide full prior acts. The policy will
provide coverage for pollution incidences. The coverage will continue for one year following the
completion of the contract.
10.1.5. Umbrella liability limits of $1,000,000 over and above the underlying commercial liability and
automobile liability,
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Failure of either or all of the additional insureds to report a claim under such insurance shall not
prejudice the rights of the CITY, its officers, employees, agents, and representatives thereunder. The
CITY and the CITY'S directors, officers, principals, employees, representatives, and agents shall have
no obligation for payment of premiums because of being named as additional insureds under such
insurance. None of the policies issued pursuant to the requirements contained herein shall be
canceled, allowed to expire, or changed in any manner so as to affect the rights of the City thereunder
until thirty (30) days after written notice to the CITY of such intended cancellation, expiration, or
change.
SECTION 11 SUBCONTRACTS
11.1 CONSULTANT shall be entitled, to the extent determined appropriate by CONSULTANT, to
subcontract any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the CONSULTANT utilized on this PROJECT, including any
substitutions thereof, will be subject to prior approval by CITY, which approval shall not be
unreasonably withheld. Each subcontract shall be subject to review by the CITY'S Representative, if
requested, prior to the subconsultant or subcontractor proceeding with the WORK. Such review shall
not constitute an approval as to the legal form or content of such subcontract. The CONSULTANT
shall be responsible for the architectural and engineering performance, acts, and omissions of all
persons and firms performing subcontract WORK.
11.3 CITY hereby authorizes the CONSULTANT to subcontract with the persons and firms listed below:
• Ken Leingang Excavating; Inc.
• Tri- Valley Construction, Inc.
11.4 The CONSULTANT shall submit, along with its monthly invoices, a description of all WORK
completed by subconsultants and subcontractors during the preceding month and copies of all
invoices thereto.
SECTION 12 ASSIGNMENT
12.1 This Agreement -is binding on the heirs, successors, and assigns of the parties hereto. This
Agreement may not be assigned by CITY or CONSULTANT without prior, written consent of the
other, which consent will not be unreasonably withheld.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters
contained herein. No prior oral or written understanding shall be of any force or effect with respect to
those matters covered herein. This Agreement may not be modified or altered except in writing
signed by both parties.
SECTION 14 JURISDICTION AND VENUE
14.1 This Agreement shall be administered and interpreted under the laws of the State of Washington.
Jurisdiction of litigation arising from this Agreement shall be in that state. If any part of this Agreement
is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it
conflicts with said Taws, but the remainder of this Agreement shall be in full force and effect. Venue of
all disputes shall be Yakima County, State of Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 In connection with the Services under this Agreement, CONSULTANT agrees to comply with the
applicable provisions of State and Federal Equal Employment Opportunity and Nondiscrimination
statutes and regulations.
15.2 During the performance of this Agreement, CONSULTANT shall not discriminate in violation of any
applicable federal, state and /or local law or regulation on the basis of age, sex, race, creed, religion,
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color, national origin, marital status, disability, honorably discharged veteran or military status,
pregnancy, sexual orientation, and any other classification protected under federal, state, or local law.
This provision shall include but not be limited to the following: employment, upgrading, demotion,
transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation,
selection for training, and the provision of services under this Agreement.
SECTION 16 SUSPENSION OF WORK
16.1 CITY may suspend, in writing by certified mail, all or a portion of the WORK under this Agreement if
unforeseen circumstances beyond CITY'S control are interfering with normal progress of the WORK.
CONSULTANT may suspend, in writing by certified mail, all or a portion of the WORK under this
Agreement if unforeseen circumstances beyond CONSULTANT's control are interfering with normal
progress of the WORK. CONSULTANT may suspend WORK on PROJECT in the event CITY does
not pay invoices when due, except where otherwise provided by this Agreement. The time for
completion of the WORK shall be extended by the number of days WORK is suspended. 'If the period
of suspension exceeds 90 days, the terms of this Agreement are subject to renegotiation, and both
parties are granted the option to terminate WORK on the suspended portion of Project in accordance
with SECTION 17.
SECTION 17 TERMINATION OF WORK
17.1 Either party may terminate this Agreement, in whole or in part, if the other party materially breaches its
obligations under this Agreement and is in default through no fault of the terminating party. However,
no such termination may be effected unless the other party is given: (1) not less than fifteen (15)
calendar days written notice delivered by certified mail, return receipt requested, of intent to terminate,
and (2) an opportunity for consultation and for cure with the terminating party before termination.
Notice shall be considered issued within seventy -two (72) hours of mailing by certified mail to the
place of business of either party as set forth in this Agreement.
17.2 In addition to termination under subparagraph A of this Section, CITY may terminate this Agreement
for its convenience, in whole or in part, provided the CONSULTANT is given: (1) not less than fifteen
(15) calendar days written notice delivered by certified mail, return receipt requested, of intent to
terminate; and (2) an opportunity for consultation with CITY before termination.
17.3 If CITY terminates for default on the part of the CONSULTANT, an adjustment in the contract price
pursuant to the Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on
unperformed services or other WORK, and (2) any payment due to the CONSULTANT at the time of
termination may be adjusted to the extent of any additional costs or damages CITY has incurred, or is
likely to incur, because of the CONSULTANT'S breach. In such event, CITY shall consider the
amount of WORK originally required which was satisfactorily completed to date of termination,
whether that WORK is in a form or of a type which is usable and suitable to CITY at the date of
termination and the cost to CITY of completing the WORK itself or of employing another firm to
complete it. Under no circumstances shall payments made under this provision exceed the contract
price. In the event of default, the CONSULTANT agrees to pay CITY for any and all damages, costs,
and expenses whether directly, indirectly, or consequentially caused by said default. This provision
shall not preclude CITY from filing claims and/or commencing litigation to secure compensation for
damages incurred beyond that covered by contract retainage or other withheld payments.
17.4 If the CONSULTANT terminates for default on the part of CITY or if CITY terminates for convenience,
the adjustment pursuant to the Agreement shall include payment for services satisfactorily performed
to the date of termination, in addition to termination settlement costs the CONSULTANT reasonably
incurs relating to commitments which had become firm before the termination, unless CITY
determines to assume said commitments.
17.5 Upon receipt of a termination notice under subsections 17.1 or 17.2 above, the CONSULTANT shall
(1) promptly discontinue all services affected (unless the notice directs otherwise), and (2) deliver or
otherwise make available to CITY all originals of data, drawings, specifications, calculations, reports,
estimates, summaries, and such other information, documents, and materials as the CONSULTANT
or its subconsultants may have accumulated or prepared in performing this Agreement, whether
completed or in progress, with the CONSULTANT retaining copies of the same.
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17.6 Upon termination under any subparagraph above, CITY reserves the right to prosecute the WORK to
completion utilizing other qualified firms or individuals; provided, the CONSULTANT shall have no
responsibility to prosecute further WORK thereon.
17.7 If, after termination for failure of the CONSULTANT to fulfill contractual obligations, it is determined
that the CONSULTANT has not so failed, the termination shall be deemed to have been effected for
the convenience of CITY. In such event, the adjustment pursuant to the Agreement shall be
determined as set forth in subparagraph 17.4 of this Section.
17.8 If, because of death, unavailability or any other occurrence, it becomes impossible for any key
personnel employed by the CONSULTANT in PROJECT WORK or for any corporate officer of the
CONSULTANT to render his services to the PROJECT, the CONSULTANT shall not be relieved of its
obligations to complete performance under this Agreement without the concurrence and written
approval of CITY. If CITY agrees to termination of this Agreement under this provision, payment shall
be made as set forth in subparagraph 17.3 of this Section.
SECTION 18 ARBITRATION
18.1 All claims, counterclaims, disputes, and other matters in question arising out of, or relating to, this
AGREEMENT or the breach thereof may be decided by arbitration in accordance with the
Construction Industry Arbitration Rules of the American Arbitration Association then obtaining. Either
CITY or CONSULTANT may initiate a request for such arbitration, but consent of the other party to
such arbitration shall be a necessary precondition to arbitration.
SECTION 19 NOTICE
19.1 Any notice required to be given under the terms of this Agreement shall be directed to the party at the
address set forth below. Notice shall be considered issued and effective upon receipt thereof by the
addressee -party, or seventy -two hours after mailing by certified mail to the place of business set forth .
below, whichever is earlier
CITY. City of Yakima
129 North 2 Street
Yakima, WA 98901
Attn: Douglas Mayo, PE, City Engineer
CONSULTANT. FULCRUM ENVIRONMENTAL CONSULTING, INC.
406 North 2 Street
Yakima, WA 98901
Attn: Ryan K. Mathews, Principal
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IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their respective
authorized officers or representatives as of the day and year first above written.
CITY OF YAKIMA FULCRUM ENVIRONMENTAL CONSULTING, INC.
Signature Signature
Michael Morales Ryan K. Mathews
Printed Name Printed Name
Interim City Manager Principal
Title Title
Date: Date:
Attest
City Clerk
STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA
I certify that I know or have satisfactory evidence that Michael Morales, is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as the City Manager of CITY OF YAKIMA to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires.
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STATE OF WASHINGTON
ss.
COUNTY OF YAKIMA )
I certify that I know or have satisfactory evidence that Ryan K. Mathews, is the person who appeared before
me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to
execute the instrument, and acknowledged it as Principal of Fulcrum Environmental Consulting, Inc., to be the
free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Dated:
Seal or Stamp
(Signature)
Title
Printed Name
My commission expires:
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EXHIBIT A
UNDERGROUND STORAGE TANK DECOMMISSIONING —2404 WEST WASHINGTON AVENUE
SCOPE OF SERVICES
During the term of this AGREEMENT, the CONSULTANT shall perform professional services in connection
with the following project:
City of Yakima - UNDERGROUND STORAGE TANK DECOMMISSIONING — 2404 WEST
WASHINGTON AVENUE
This scope of services is designed to meet Ecology's regulations as presented in WAC 173 -360, for
decommissioning by removal of regulated USTs. This work shall be completed by May 31, 2012.
The following services will be provided by Fulcrum•
• Submit the required 30 -day notice of intent to decommission the USTs to Ecology.
• Coordinate Fulcrum's subcontractors required to complete UST Decommissioning and Site
Assessment services.
• Visually assess UST excavation area and conduct an onsite investigation for related fuel
leakage /spills. This includes performing field analysis of soil for the removed USTs to qualitatively
determine if a release has occurred.
• Collect site closure samples from the excavation and stockpiled soil in accordance with Ecology
defined criteria. Samples will be analyzed by the following:
- Diesel Range Hydrocarbons by Northwest Total Petroleum Hydrocarbons — Diesel Extended
- Gasoline Range Hydrocarbons by Northwest Total Petroleum Hydrocarbons — Gasoline
- Benzene, Toluene, Ethylbenzene and total Xylene EPA Method 8021B or 8260
- Lead by Environmental Protection Agency Method 6000 Series
• Measure and document approximate excavation location, limits and sample locations.
• Samples will be analyzed using a 24 -hour turnaround time. Fulcrum estimates up to five soil samples
will be required from the UST excavation and three soil samples associated with excavated and
stockpiled soils. Collection of soil samples required beyond the estimated quantity will be considered
outside the scope of work.
• If contamination is identified subsequent to laboratory analysis, Fulcrum will provide a separate
proposal for oversight services of excavation and transport of the contaminated soils, as well as,
collection of final confirmatory samples.
• Provide a UST Site Assessment Report for the site. Report will include information required by the
site Assessment Checklist, and will contain UST closure documentation.
• Complete application to Ecology's Voluntary Cleanup Program (VCP), upload associated site
laboratory data in Ecology's Environmental Information Management (EIM) system database, and
complete application for matching grant funding through Ecology.
The following services will be subcontracted by Fulcrum:
• Private underground utility locates
• Tank excavation, cleaning, disposal of UST contents and components, and restoration of excavation
area
• Laboratory analysis of site closure samples
Limitations
The following conditions are inherent in this proposal
• Should contaminated soil be identified associated with the USTs, a separate scope of services will be
issued to include excavation, transport and disposal of contaminated soils.
• All UST piping is located within the UST excavation extents.
• Former product storage and associated closeout sampling is limited to gasoline and diesel range
hydrocarbons.
• Fulcrum's onsite time will be limited to six hours for Site Assessment Activities.
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• Required number of samples does not exceed a total of 8 samples for gasoline range hydrocarbons
and diesel range hydrocarbons.
• Groundwater is not encountered during sampling activities. A groundwater impact study will be
considered outside the scope of services.
Remedial Action Grant Funding
The Department of Ecology's (Ecology) Remedial Action Grants enable cost sharing among municipalities and
reserve accounts established by Ecology to support soil and groundwater remediation projects including UST
decommissioning activities. In Yakima County, municipalities are typically eligible for 50% of the costs of
investigation and remediation. The scope of services to be performed by Fulcrum includes the necessary
steps for application of remedial action grant funding.
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EXHIBIT B
UNDERGROUND STORAGE TANK DECOMMISSIONING — 2404 WEST WASHINGTON AVENUE
Professional Fees
Compensation for professional services will be on a time and materials basis. The spreadsheet below lists the
projected fee for the various tasks.
Project Task Projected Cost
Work to be Performed by Fulcrum
Project management and project oversight services $680
Onsite services including: oversight of excavation; UST cleaning; and completion of $1,840
a Site Assessment as defined by Ecology
Final UST closure reporting and completion VCP and Ecology Grant Application $3,450
documentation
Equipment and reimbursable expenses $300
Subcontracted Work
Private underground utility locate $400
Laboratory analysis (8 samples, 24 -hour turn- around time) $2,700
Excavation, UST cleaning, material disposal and backfill $4,200
Asphalt resurfacing of excavation area (360 square feet) $2,600
Force Account (if needed) $2,000
Total Project Cost $18,170
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