HomeMy WebLinkAboutR-2009-043 City Hall 3rd and 4th Floors Material Abatement Consultation Agreement; Fulcrum Environmental ConsultingRESOLUTION NO. R-2009-43
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute a contract with Fulcrum Environmental Consulting, Inc. in
evaluating and advising the City on renovation activities on the.3rd and
4th floors of City Hall including appropriate measures to address
potential hazardous materials as well as conducting project
management.
WHEREAS, the City of Yakima is evaluating the 3rd and 4th floors of City Hall for
consideration of renovation leading to the most effective and efficient use of space; and
WHEREAS, Fulcrum Environmental Consulting, Inc. has the specialized experience
and expertise, which the City does not possess, to advise the City on renovation activities
including appropriate measures to address potential hazardous materials as well as to
conduct project management; and
WHEREAS, Fulcrum Environmental Consulting Inc. has submitted a detailed
proposal for the services which meets the City's requirements; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is herby authorized and directed to execute
the attached and incorporated "Environmental Services Agreement" between the City of
Yakima and Fulcrum Environmental Consulting, Inc. to advise the City on renovation
activities including appropriate measures to address potential hazardous materials as well
as to conduct project management.
ADOPTED BY THE CITY COUNCIL this 24th day of February, 2009.
ATTEST:
City Clerk
avid Edler, Mayor
2001-f3
ENVIRONMENTAL SERVICES AGREEMENT
CITY OF YAKIMA AND FULCRUM ENVIRONMENTAL CONSULTING, INC.
THIS ENVIRONMENTAL SERVICES AGREEMENT (hereinafter "Agreement") is
made and entered into by and between the City of Yakima, a Washington municipal
corporation (hereinafter the "City") and Fulcrum Environmental Consulting, Inc. (hereinafter
"Fulcrum", a company licensed to do business in Washington and the City of Yakima.
WHEREAS, the City desires to engage Fulcrum for consulting environmental
services associated with future renovation activities at City Hall, located at 129 North
Second Street, Yakima, WA 98901;
WHEREAS, Fulcrum has the experience and expertise necessary to provide said
services and is willing to provide such services in accordance with the terms and conditions
of this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants, promises and
agreements set forth herein, it is agreed by and between the City and Fulcrum as follows:
1. Description of Work.
The work to be performed by Fulcrum for the City (the "Project") is:
Attached, marked Exhibit "A" and incorporated by this reference.
Fulcrum will commence work upon mutual acceptance of this Agreement by both
parties.
2. Performance of Work. The manner in which Fulcrum does the work called for
hereunder, and the specific hours to be worked by Fulcrum shall be determined by Fulcrum.
The City will rely on Fulcrum to work as many hours as may be reasonably necessary to
fulfill Fulcrum's obligations under this Agreement.
3. Payment to Fulcrum. The City will pay a fee to Fulcrum based on Fulcrum's
hourly rate for services, in accordance with the Proposal to Provide Professional Services,
attached, marked Exhibit "B" and incorporated by this reference. Cost for services will be on
a Time and Materials basis. Fulcrum will provide the City with an invoice detailing fees and
costs due for the work. The City will pay Fulcrum within thirty days of its receipt of the
invoice. After 30 days, interest at the rate of 1.00% per month will be charged on the unpaid
balance of the invoice. Statements for payment submitted to the City by Fulcrum will
conform to the requirements of the Purchase Order, if any, and at the option of the City can
include.
Environmental Services Agreement Page 1 of 7
Between the City of Yakima and Fulcrum
a. Number of hours worked and cost per hour (per person if the request covers
more than one person).
b. A detailed description of work completed.
c. Receipts for all expenses.
d. A summary of costs to date.
Upon termination of this Agreement, payments under this paragraph shall cease;
provided, however, that Fulcrum shall be entitled to payments for period or partial period
that occurred prior to the date of termination and for which Fulcrum has not yet been paid.
4. Fulcrum's Expenses. Reimbursable expenses will be billed from Fulcrum directly
to the City when agreeable to all parties. In the case of direct billing, there !will be no
markup applicable from Fulcrum for handling and administration. When direct billing is not
appropriate, reimbursable costs will be billed to the City at cost plus 15% for handling and
administration.
Fulcrum shall be entitled to reasonable reimbursement from the City for the
following "out-of-pocket" expenses:
• Postage/shipping
• Telephone/faxing
• Laboratory analysis
• Small tool and equipment usage
• Disposable equipment/supplies
5. Support Services for Fulcrum. Fulcrum will provide its own support
services, including office space and secretarial services, required for the accomplishment
of the Project.
6. New Project Approval. Fulcrum and the City agree that the City may desire to
have Fulcrum provide services on projects other than that described herein. In that event,
the parties agree that a new agreement will be executed for any such new projects.
7. Information Provided by the City. Fulcrum shall provide guidance to the City
in determining the data required for purposes of the contemplated services. The City
agrees to use reasonable efforts to provide data and information specifically requested by
Fulcrum.
8. Inspection and Audit. Fulcrum shall maintain books, accounts, records,
documents and other evidence pertaining to the costs and expenses allowable and
consideration paid under this Agreement in accordance with generally accepted
accounting practices. All such books of account and records required to be maintained by
Environmental Services Agreement Page 2 of 7
Between the City of Yakima and Fulcrum
this Agreement shall be subject to inspection and audit by representatives of the City
and/or the Washington State Auditor at all reasonable times, and the Consultant shall
afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and/or the Washington State Auditor
where necessary to conduct or document an audit. Fulcrum shall preserve and make
available all such books of account and records for a period of ten (10) years after final
payment under this Agreement.
9. Taxes and Assessments. Fulcrum shall be solely responsible for
compensating his employees, agents and/or subconsultants and for paying all related
taxes, deductions, and assessments, including but not limited to federal income tax, FICA,
social security tax, assessments for unemployment and industrial injury, and other
deductions from income which may be required by law or assessed against either party as
a result of this Agreement. In the event the City is assessed a tax or assessment as a
result of this Agreement, Fulcrum shall pay the same before it becomes due.
10. Nondiscrimination Provision. During the performance of this Agreement,
Fulcrum shall not discriminate on the basis of race, age, color, sex, religion, national
origin, creed, marital status, political affiliation, or the presence of any sensory, mental or
physical handicap. 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.
11. The Americans with Disabilities Act. Fulcrum shall comply with the Americans
with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing
regulations and Washington State's anti -discrimination law as contained in RCW Chapter
49.60 and its implementing regulations with regard to the activities and services provided
pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals
with disabilities in the area of employment, public accommodations, public transportation,
state and local government services and telecommunications.
12. Compliance with Law. Fulcrum agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body,
whether federal, state, local or otherwise.
13. No Insurance. It is understood the City does not maintain liability insurance
for Fulcrum and its officers, directors, employees and agents.
14. Delegation of Professional Services. The services provided for herein shall be
performed by Fulcrum and no person other than regular associates or employees of
Fulcrum shall be engaged upon such work or services except upon written approval of the
City.
Environmental Services Agreement Page 3 of 7
Between the City of Yakima and Fulcrum
15. Assignment. This Agreement, or any interest herein or claim hereunder,
shall not be assigned or transferred in whole or in part by Fulcrum to any other person or
entity without the prior written consent of the City. In the event that such prior .written
consent to an assignment is granted, then the assignee shall assume all duties,
obligations and liabilities of Fulcrum stated herein.
16. Term/Termination. This Agreement is effective as of the date of execution by
both parties, and will remain in effect for a period of one year, or longer if necessary, for
accomplishment of the work. Either party may terminate this Agreement upon thirty (30)
days written notice to the other.
17. Relationship of Parties. The parties to this Agreement intend that the relation
between them created by this Agreement is that of employer -independent contractor No
agent, employee, or servant of Fulcrum shall be or shall be deemed to be the employee,
agent or servant of the City. The City is interested only in the results obtained under this
Agreement. The manner and means of conducting the work are under the sole control of
Fulcrum. None of the benefits provided by the City to its employees, including, but not
limited to, worker compensation insurance and unemployment insurance, are available
from the City to the employees, agents or servants of Fulcrum. Fulcrum will be solely and
entirely responsible for its acts and for the acts of its agents, employees, servants and
subcontractors during the performance of this Agreement.
18. Disclosure. Fulcrum agrees to disclose to the City any outside activities or
interests that conflict or may conflict with the best interests of the City. Disclosure will be
made if the activity or interest is related, directly or indirectly, to any activity that Fulcrum may
be involved with on behalf of the City.
19. Fulcrum's Employees. Fulcrum's employees, if any, who perform services for
the City under this agreement shall also be bound by the provisions of this Agreement.
20. Limitation of Liability; Indemnity
a. Fulcrum shall perform the services under this Agreement in accordance with
the degree of care and skill ordinarily exercised under similar circumstances by members of
, the same profession practicing in the same or similar locality. It is further understood by the
parties that hazardous materials and/or substances may be concealed in the construction,
masked by other materials or coverings, buried in the ground or in some other manner, and
undetectable to environmental consultants using that degree of skill and care practiced by the
industry. Accordingly, City acknowledges that said substances and materials may be
undetectable within commonly accepted professional standards of the industry and that
Fulcrum shall not be liable for any such undetected hazardous materials and substances.
b. This Agreement and all work performed or data produced or made available
by Fulcrum to the City is solely for the benefit of the parties hereto and does not insure to
the benefit of any third party including property owners and contractors.
Environmental Services Agreement Page 4 of 7
Between the City of Yakima and Fulcrum
c. To the maximum extent permitted by law, each party agrees to indemnify the
other party from and against any and all- claims, demands, causes of action, suits or
judgments (including costs, attorneys fees, and expenses incurred in connection herewith)
for deaths or injuries to the persons or for loss of or damage to property arising out of or in
connection with any act or omission of the indemnifying party.
21. Insurance. Fulcrum acknowledges its obligation to obtain appropriate insurance
coverage for its benefit and that of its employees. Fulcrum maintains Errors and Omissions
liability insurance with a $2,000,000 limit. A further description of such insurance will be
provided to City upon request.
22. Confidentiality. Fulcrum recognizes that the City has and will have costs,
business affairs, future plans, trade secrets, process information, technical information, and
other proprietary information (collectively, "Information") which are valuable, special, and
unique assets of the City, Fulcrum agrees that it will not at any time or in any manner, either
directly or indirectly, use any Information for its own benefit, or divulge, disclose, or
communicate in any manner any Information to any third party without the prior written
consent of the City; and, Fulcrum will protect the Information and treat it as strictly
confidential, subject to the requirements of the Washington State Public Records Act, RCW
42.56 et. seq. A violation of this paragraph shall be a material violation of this Agreement.
a. Confidentiality After Termination of Employment. The confidentiality
provisions of this Agreement shall remain in full force and effect after the termination of this
Agreement.
b. Services by Fulcrum to Third Parties. The parties recognize that Fulcrum
may provide consulting services to third parties. However, Fulcrum is bound by the
confidentiality provisions of this Agreement, and may not use the Information, directly or
indirectly, for the benefit of third parties.
23. Return of Records. Upon termination of this Agreement, Fulcrum shall deliver all
records, notes, data, memorandum, models, and equipment of any nature that are in its
possession or under its control and that are the City's property or relate to the City's business.
24. Notices. All notices required or permitted under this Agreement shall be in writing
and shall be deemed delivered when delivered in person or deposited in the United States
mail, postage prepaid, addressed as follows:
City: R. A. Zais
City Manager
City of Yakima
129 North Second Street
Yakima, Washington 98901
Environmental Services Agreement Page 5 of 7
Between the City of Yakima and Fulcrum
Fulcrum: Ryan K. Mathews
Principal
Fulcrum Environmental Consulting, Inc.
406 North Second Street
Yakima, Washington 98901
Either party may change such addresses from time to time by providing written notices in the
manner set forth above.
25. Entire Agreement. This Agreement contains the entire agreement of the parties and
there is no other agreement whether oral or written. This Agreement supersedes any prior
written or oral agreements between the parties.
26. Amendment. This Agreement may be modified or amended, if the amendment
is made in writing and is signed by both parties.
27. Attorney Fees. In the event of litigation arising out of this contract, the court may
award attorneys fees as required by Washington law.
28. Third Parties. The City and Fulcrum are the only parties to this Agreement
and are the only parties entitled to enforce its terms. Nothing in this Agreement gives, is
intended to give, or shall be construed to give or provide any right or benefit, whether
directly or indirectly or otherwise, to third persons.
29. Drafting of Agreement. Both the City and Fulcrum have participated in the
drafting of this Agreement. As such, it is agreed by the parties that the general contract
rule of law that ambiguities within a contract shall be construed against the drafter of a
contract shall have no application to any legal proceeding, arbitration and/or action in
which this Agreement and its terms and conditions are interpreted and/or enforced.
30. Severability. If any provision of this Agreement shall be held to be invalid or
unenforceable for any reason, the remaining provisions shall continue to be valid and
enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable,
then such provision shall be deemed to be written, construed, and enforced as so limited.
31. Waiver of Contractual Right. The failure of either party to enforce any provision
of this Agreement shall not be construed as a waiver of limitation of that party's right to
subsequently enforce and compel strict compliance with every provision of this Agreement.
32. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
33. Venue. The venue for any action to enforce or interpret this Agreement shall lie
in the Superior Court of Washington for Yakima County, Washington.
Environmental Services Agreement Page 6 of 7
Between the City of Yakima and Fulcrum
CITY OF YAKIMA
R. A. Zais, Jr., City Manager
Date: 03-025-oc,
ATTEST:
City Clerk
City Contract No. Q209-'rt2
City Resolution No. /Q',RDD9-A/3
Environmental Services Agreement Page 7 of 7
Between the City of Yakima and Fulcrum
FULCRUM ENVIRONME AL
CONSULTING, INC.
By:
K. Mathe , Principal
Date: g/3/2,007
ATTEST:
41„1,-„„fyi,
Date:
FVIIIRVM
environmental consulting D
EXHIBIT "A"
Scope of Services:
The following Scope of Services will be provided by Fulcrum Environmental Consulting,
Inc (Fulcrum) as a portion of the 3rd and 4`11 Floors of the Yakima City Hall renovation
project.
Project limits are as follows the Yakima City Hall is located at 129 North 2nd Street in
Yakima, Washington. Tasks will be limited to the 3rd and 4th Floors of the building The
following are a summary of tasks to be performed at this location.
Task 1 Complete inspection, including planning, sampling, laboratory analysis, and
reporting for hazardous building matenals including asbestos, lead containing
materials, and lighting and electrical components within the project portions of
the building.
Task 2 Complete quantification of hazardous building materials and prepare project
specifications for the abatement, removal, or management of identified hazardous
building materials identified during completion of Task 1 (Inspections) for
inclusion within project specification and bidding documents prepared by others
Provide services during bidding and construction including, preparation of
addendums, submittal review, and answering Contractor questions
Task 3 Provide a pre -work presentation to interested City staff to review the pending
work activities, security implemented to maintain separation between City staff
and contractor personnel, physical barriers and air control to be used in assuring
a separation between air within the work area and City Hall, air sampling
methodology and type, and answer any staff questions.
During the course of the project, provide regular updates to City staff as to the
progress of work being completed.
At the conclusion of abatement activities, present a project close-out meeting to
provide City staff with a summary of the completed project, verbal presentation
of all air sampling results, and provide answers to any staff questions.
Task 4 Complete onsite monitoring, clearance testing, and project documentation during
specialty contractor completed abatement, removal, or management of hazardous
building materials
Each task will be completed by Fulcrum in the timeframe allotted by the City and shall
begin following written authorization to proceed Work performed by Fulcrum shall be
completed in a professional workmanlike manner.
1
EXHIBIT "B"
STANDARD RATE SCHEDULE
Issue Date January 1, 2009
FVLCRV.M
environmental consulting
Compensation will. detemlined on the basis of time and expenses m accordance with the following
rate schedule unless a fixed fee amount is so indicated m the proposal or services agreement.
Personnel
Managing Principal
Principal
Senior Project Manager
Project Manager
Project Scientist
Senior Field Manager
Field Manager
Sr. Environmental Scientist
Environmental Scientist
Sr. Environmental Technician
Environmental Technician
Project Administrator
Technical Wnter/Drafter
Administrative Staff
Expert Witness Testimony/Deposition
Hourly Rate
$150 00
$125.00
$110.00
$100.00
$90 00
$85.00
$80.00
$75.00
$70 00
$65.00
$60.00
$75.00
$65.00
$55.00
200% of Standard Rate
All other costs and expenses shall be billed with 15% markup for administration and handling
Overtime, off -hour, rush, holiday and weekend work necessitated by Client's directive is billed in
addition to the fees quoted. Fulcrum reserves the right to periodically change billing rates and
fees.
FULCRU
environmental consulting
EXHIBIT "A"
Scope of Services:
The following Scope of Services will be provided by Fulcrum Environmental Consulting,
Inc. (Fulcrum) as a portion of the 3`d and 4th Floors of the Yakima City Hall renovation
proj ect.
Project limits are as follows: the Yakima City Hall is located at 129 North 2nd Street in
Yakima, Washington. Tasks will be limited to the 3rd and 4th Floors of the building. The
following are a summary of tasks to be performed at this location:
Task 1 Complete inspection, including planning, sampling, laboratory analysis, and
reporting for hazardous building materials including asbestos, lead containing
materials, and lighting and electrical components within the project portions of
the building.
• Task 2 Complete quantification of hazardous building materials and prepare project
specifications for the abatement, removal, or management of identified hazardous
building materials identified during completion of Task 1 (Inspections) for
inclusion within project specification and bidding documents prepared by others.
Provide services during bidding and construction including, preparation of
addendums, submittal review, and answering Contractor questions.
Task 3 Provide a pre -work presentation to interested City staff to review the pending
work activities, security implemented to maintain separation between City staff
and contractor personnel, physical barriers and air control to be used in assuring
a separation between air within the work area and City Hall, air sampling
methodology and type, and answer any staff questions.
During the course of the project, provide regular updates to City staff as to the
progress of work being completed.
At the conclusion of abatement activities, present a project close-out meeting to
provide City staff with a summary of the completed project, verbal presentation
of all air sampling results, and provide answers to any staff questions.
Task 4 Complete onsite monitoring, clearance testing, and project documentation during
specialty contractor completed abatement, removal, or management of hazardous
building materials.
Each task will be completed by Fulcrum in the timeframe allotted by the City and shall
begin following written authorization to proceed. Work performed by Fulcrum shall be
completed in a professional workmanlike manner.
EXHIBIT "B"
STANDARD RATE SCHEDULE
Issue Date January 1, 2009
FVLCRV
environmental consulting
Compensation will determined on the basis of time and expenses in accordance with the following
rate schedule unless a fixed fee amount is so indicated in the proposal or services agreement.
Personnel
Managing Principal
Principal
Senior Project Manager
Project Manager
Project Scientist
Senior Field Manager
Field Manager
Sr. Environmental Scientist
Environmental Scientist
Sr. Environmental Technician
Environmental Technician
Project Administrator
Technical Wnter/Drafter
Administrative Staff
Expert Witness Testimony/Deposition
Hourly Rate
$150.00
$125.00
$110.00
$100.00
$90.00
$85.00
$80.00
$75.00
$70.00
$65 00
$60.00
$75.00
$65.00
$55 00
200% of Standard Rate
All other costs and expenses shall be billed with 15% markup for administration and handling
Overtime, off -hour, rush, holiday and weekend work necessitated by Client's directive is billed in
addition to the fees quoted. Fulcrum reserves the right to periodically change billing rates and
fees
FVLCRV
environmental consulting
Abbreviated Statement of
Qualifications and Corporate History
3rd and 4th Floor Assessment Activities
Yakima City Hall
February 2009
Prepared for:
City of Yakima
129 North 2nd Street
Yakima, Washington 98901
Prepared by:
Fulcrum Environmental Consulting, Inc.
406 North 2nd Street
Yakima, Washington 98901
509.574.0839
FVLCRV
environmental consulting
TABLE OF CONTENTS
Section Page
1.0 INTRODUCTION........... 1
2.0 FIRM BACKGROUND 1
3.0 FIRM CAPABILITIES 1
4.0 PROJECT SERVICES 2
5.0 QUALIFICATIONS AND CERTIFICATIONS 2
6.0 RESUMES OF KEY INDIVIDUALS . 2
6 1 Ryan K. Mathews, CMC, CHMM, B.S., Principal .......... ... 3
6.2 Peggy Williamson, CHMM, B.S., Principal 3
6.3 Key Support Staff 4
7.0 CITY OF YAKIMA AND LOCAL PROJECT REFERENCES . .. 4
8.0 AVAILABILITY AND SCHEDULING 5
RJLCRU
environmental consulting
1.0 INTRODUCTION
Fulcrum Environmental Consulting, Inc (Fulcrum) is pleased to present the following abbreviated
Statement of Qualifications for professional services associated with renovation of the 3rd and 4th
Floors of the City of Yakima's (City) City Hall facility. As a portion of activities required prior to
reuse of the 3rd and 4th floors of the facility by City personnel, Fulcrum will provide professional
services associated with identification of hazardous materials, abatement design, contractor
oversight, and project management.
2.0 FIRM BACKGROUND
Fulcrum's corporate roots have been in the Pacific Northwest since 1984. The firm's initial technical
focus' was exclusively in air quality issues. By 1991, an independent Washington State corporation
was established in Spokane and staff capability had expanded into areas of hazardous waste
management, inclusive of asbestos and lead; geologic surface and subsurface investigations;
contaminant and hazardous material remedial design; and construction management. In 1994, a
second office was established in Yakima to more effectively serve clients in Central Washington.
Today, Fulcrum offers a balanced, multi -disciplinary team of trained professionals, organized
within a framework of effective project management, to provide services in a broad range of
environmental industries.
3.0 FIRM CAPABILITIES
Fulcrum is a leader in the Pacific Northwest Environmental Consulting Industry providing a variety
of services designed to balance current regulations with limited time and available funding.
Following is a brief list of Fulcrum's services:
Hazardous Materials Identification:
• Asbestos Containing Materials
• Lead Containing Materials
■ Lighting and Electrical Components
• Refrigerant Containing Equipment
• Dangerous Waste Characterization
Project Management and Oversight:
• Asbestos Containing Materials
• Lead Containing Materials
• Lighting and Electrical Components
■ Hazardous Chemical Abatement
• Pre and Post Constriction Indoor Air
Quality Assessments
■ Construction Safety Audits
Abbreviated Statement of Qualifications 1
City Hall Services, City of Yakima, Washington
Project Design and Site Development:
• Site Contaminate Risk Management
• Abatement and Remedial Design
■ Remedial Cost Estimates and Specifications
■ Plans for In -Place Management of
Contaminants
Environmental Due Diligence Investigations:
• Phase I, II, III Environmental Site
Assessments (ESA)
• Large Rural Property Phase I ESA
• Business Risk/Liability Assessments
• Site Characterization Investigations
• Data Gap Analysis
• Vapor Intrusion Assessments
Indoor Air Quality and Moisture and Mold
Investigation and Remediation.
• Initial Investigations
• Remedial Work Plan Development
• Remediation Oversight
• Post -Remediation Inspections
• IAQ Investigations
4.0 PROJECT SERVICES
FULCRUM
environmental consulting
Subsurface Soil and Groundwater
Investigations:
• Fuel Storage Tanks
• Agriculture Chemical Contamination
• Industrial and Heavy Metal Contamination
• Underground Injection Wells/Drywells
• Equipment and Vehicle Washout Areas
Services provided by Fulcrum specific to the proposed project include hazardous materials
identification, consisting of initial inspections for asbestos and lead containing materials; hazardous
materials abatement design; and project management.
Fulcrum personnel have surveyed in excess of 50,000,000 square feet of building area in the Pacific
Northwest within multiple regulatory jurisdictions governing the presence and conditions of
hazardous materials. Our surveys are designed to be site specific in order to meet project objectives,
whether pending demolition or in-place material management; associated with facility -wide
construction, or limited to localized areas. A comprehensive, easy to understand presentation of
findings is a hallmark of Fulcrum's survey reporting.
Fulcrum staff has been responsible for design and management of over $16,000,000 of asbestos
abatement. We are proud of our reputation of designing projects which abate asbestos
conservatively yet efficiently and with financial restraint. We have designed and managed
abatement projects ranging from pre -demolition removal in abandoned structures to abatement in
facilities occupied by full time, highly mobile, high security occupants. We have expertise with
numerous abatement approaches including multi -phase abatement subcontractor work under a
general contractor, low profile off -hours abatement, strict time constraints under liquidated
damages, and emergency response.
5.0 QUALIFICATIONS AND CERTIFICATIONS
Fulcrum presents a balanced, multi -disciplinary team of trained professionals organized within a
framework of effective project management. We are dedicated to providing environmental
consulting services of the highest quality. Our project team combines all necessary disciplines with
leadership experience to address the unique needs of each project. Project staffing for the City Hall
project will be managed and staffed from our Yakima office.
6.0 RESUMES OF KEY INDIVIDUALS
Following are resumes of key individuals of Fulcrum staff and brief descriptions of experience for
those expected to play a key role in hazardous material assessment services.
Abbreviated Statement of Qualifications 2
City Hall Services, City of Yakima, Washington
FULCRUM
environmental consulting
6.1 Ryan K. Mathews, CMC, CHMM, B.S., Principal
Ryan Mathews is Fulcrum's Central Washington Regional Manager and has been with Fulcrum
since 2001. Mr. Mathews specializes in environmental site assessments, indoor air quality
assessments, and industrial hygiene. He provides technical oversight for all indoor air quality
services provided by Fulcrum. He routinely provides technical support for a variety of
environmental applications including; environmental site assessments, asbestos inspections, and
lead containing material inspections. Mr. Mathews has conducted asbestos and lead surveys in
excess of 5,000,000 ft2 in educational, commercial, and industrial buildings and in a variety of
secure facilities under exacting scheduling requirements.
Mr. Mathews typical project responsibilities include coordination with the owner, construction
manager, and project Architect; project and personnel scheduling; abatement quantification and
budgetary estimates; QA/QC; site-specific work plans; abatement recommendations; and final
reporting.
Mr. Mathews earned a Bachelors of Science in Biology and a Bachelors of Science in Economics
from Central Washington University and has the following qualifications:
• Certified Hazardous Materials Manager
• Council -certified Microbial Consultant
• Council -certified Indoor Environmental Consultant
• Asbestos Hazard Emergency Response Act (AHERA) Accredited Asbestos Building
Inspector
• AHERA Project Designer
• Phase Contrast Microscopist
• Washington State Registered UST Site Assessor and Decommissioner
• EPA and Washington State certified Lead Inspector/Risk Assessor
• OSHA/WISHA 40 -Hour HAZWOPER Trained
6 2 Peggy Williamson, CHMM, B.S., Principal
Ms. Williamson is Fulcrum's firm President and lead scientist/project manager for safety and
hazardous material management audits. She manages the day-to-day aspects of Fulcrum's corporate
existence from her office in Yakima. Ms. Williamson has over 15 years of expenence managing
environmental projects. Ms. Williamson has provided lead technical support for a variety of projects
including hazardous materials abatement, site inspections, and abatement oversight.
Ms. Williamson has conducted asbestos surveys in excess of 20,000,000 ft2 in educational and
industrial buildings and has provided project management services for asbestos and lead containing
material abatement in numerous educational, commercial, and industrial facilities in the Pacific-
Northwest.
acifcNorthwest. Her typical project responsibilities include asbestos design and specifications; lead
abatement specifications; lighting and electrical waste specifications; project quality assurance and
quality control (QA/QC); site-specific work plans; technical review; inventory and sampling
protocol; abatement recommendations; and final reporting.
Abbreviated Statement of Qualifications 3
City Hall Services, City of Yakima, Washington
FULCRUM
environmental consulting
Ms. Williamson received a Bachelors of Science from Washington State University and has the
following qualifications:
• Certified Hazardous Materials Manager
• Authorized Trainer for OSHA 10 Hour and 30 Hour Construction Safety Classes
• AHERA Asbestos Project Designer
• AHERA Building Inspector
• AHERA Management Planner
• Phase Contrast Microscopist
• Washington and Oregon State certified Lead Inspector/Risk Assessor
• OSHA/WISHA 40 -Hour HAZWOPER Trained
• Asbestos Abatement Worker/SupervisorTtrained
• Washington State Registered UST Site Assessor and Decommissioner
6.3 Key Support Staff
Fulcrum's principals are supported by our team of environmental technicians, field managers, and
administrative professionals. Additional Support Staff including, Jeremy Lynn, Environmental
Geologist; Anna Harris and Jason Stewart, Environmental Technicians; and Ann Palmer, Technical
Writer and CAD Drafter, will assist with completion of project objectives. Mr. Lynn serves as
Fulcrum's onsite lead during many hazardous materials surveys, including as the principal lead
containing material inspector. Ms. Harris and Mr. Stewart conduct many of Fulcrum's asbestos
inspections services. Ms. Palmer is critical in bringing together Fulcrum's hazardous materials
investigation reports and CAD drafting of project drawings.
7.0 CITY OF YAKIMA AND LOCAL PROJECT REFERENCES
The following is a selection of City of Yakima and local projects which Fulcrum has completed in
the past five -years:
Marvin Garden's Development, City of Yakima Office of Neighborhood Development Services:
Pre -purchase assessment of an approximately four -acre parcel of property near 30`h and Hathaway
Investigation confirmed the present of lead and arsenic impacted soils as a result of histonc orchard
use at the site. As a portion of infrastructure development, Fulcrum prepared a remedial work plan
which implemented onsite management of impacted soils, greatly reducing remedial costs while
maintaining protection of human health and the environment.
Cowiche Canyon Trail, City of Yakima, City Attorney's Office: As a portion of the property
acquisition for expansion of the Cowiche Canyon Trail and incorporation into the William O.
Douglass Trail, Fulcrum completed pre -purchase assessment activities of four -parcels totaling
10.69 -acres. Future development of this property will protect and continue to expand the Cowiche.
Canyon Conservancy's management of this community resource.
Abbreviated Statement of Qualifications
City Hall Services, City of Yakima, Washington
4
FVLCRV
environmental consulting
City of Yakima, City Hall Southeast Portion of the Basement Renovation Activities: During 2008,
Fulcrum assisted the City of Yakima with preparation for renovation in the southeast portion of the
City Hall basement. Fulcrum's activities included inspection of the area of work, preparation of a
specification for contractor bidding, solicitation and bidding of qualified contractors, contractor
oversight, air sampling, and project documentation.
City of Yakima, City Hall, Indoor Air Quality Monitoring: For the past several years, Fulcrum has
assisted the City of Yakima with assessment of localized portions of City Hall impacted by water
releases and associated damage and general building indoor air quality. Fulcrum's services have
included inspection, data collection, and indoor air quality monitoring.
City of Yakima, Code Enforcement Cowiche Canyon: Over the past three -years, Fulcrum has
assisted Code Enforcement with inspection and/or demolition of residences in the City of Yakima
posing immediate threats to human safety. Where buildings are damaged by fire or other disaster
and the owners are unable to promptly control the hazards, Fulcrum has completed professional
service inspections to assess the potential for hazardous materials to be present and/or overseen
demolition activities to assist the City in maintain public safety.
City of Yakima, Fire Station #92: Fulcrum completed an inspection for asbestos containing
materials during renovation plarming activities of the City of Yakima Fire Station #92. Working
with Brockway, Opfer,, Raab Architecture, Concord Construction, and Tri -Valley Construction,
Fulcrum inspected only those portions of the facility that would be impacted by pending renovation
activities. Fulcrum's inspection report addressed Washington State Depailnient of Labor and
Industries and Yakima Regional Clean Air Authority requirements and enabled the project to
efficiently manage identified asbestos containing materials.
Yakima County Facilities Services: Fulcrum has assisted Yakima County Facilities Services with a
variety of specialty investigations, including assessment of buildings for renovation activities,
management of hazardous and specialty materials, and reporting requirements. Fulcrum has
provided services at the County Courthouse, General Administration Building, Facility Services
Building, Justice Center, Main Jail, and Jail Annex.
West Valley Commercial Center, CLC & Associates: During planning for the future West Valley
Commercial Center, Fulcrum has assisted the developer with characterization, management, and
remediation planning of historical agricultural chemical impacted soils at the site. Fulcrum has
focused on those remedial actions and site management activities that will reduce the potential for
human exposure and contaminate release to the environment. Our services have included assistance
with portions of the project's public review process and contractor oversight dunng construction.
8.0 AVAILABILITY AND SCHEDULING
Fulcrum is prepared to assist the City in the process required to allow for reuse, of the 3`d and 4th
floors of the Yakima City Hall building. We are available to immediately commence our work on
this project. Our project management staff and technical staff are available to meet with the City
and other personnel upon your request.
Abbreviated Statement of Qualifications 5
City Hall Services, City of Yakima, Washington
•
•
ITEM TITLE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 114 /4
For Meeting of March 24, 2009
A resolution authorizing the City Manager to execute an
Agreement with Fulcrum Environmental Consulting, Inc., for the
purpose of inspection, assessment and oversight of hazardous
material abatement on the third and fourth floors of City Hall.
SUBMITTED BY: William R. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: Randy Pitney, Building Superintendent
509-575-6265
SUMMARY EXPLANATION:
The third and fourth floors of City Hall, historically the City Jail, have been vacant and
unused since the 1970s. Renovation and use of this area has been burdened by layout,
lack of adequate infrastructure such as electricity, data and telephone wiring, etc.,
accessibility limitations and the presence of hazardous material, including asbestos and
products containing lead. By proceeding with the removal of these hazardous materials
now we are addressing a significant potential liability. Whether we remodel for future
office needs, demolish the building, or sell, this work must be done.
Estimated total cost for Fulcrum's services is $33,900. For this price Fulcrum will act as
our professional consultant all the way through clean-up and final testing. Current
estimate of abatement cost is $200,000. Funding for both professional service contract
and clean up has been appropriated in the 2009 City budget (Continue on next page)
Resolution X Ordinance Other (Specify)
Agreement X Mail to (name and address):
Funding Source REET 1 appropriation.
APPROVED FOR SUBMITTAL, a City Manager
STAFF RECOMMENDATION: Approve Agreement
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: This packet has been provided to
the Public Safety Committee as an information item. only. No action was requested or
taken.
COUNCIL ACTION:
Inspection and assessment of the existing hazardous materials is necessary to begin
strategic planning for use of this space. Based on the terms of the agreement, Fulcrum
Environmental Consulting, inc. will: 1) complete an evaluation of the area; 2) provide the
specifications for bidding the abatement of the hazardous material; 3) provide third -party
contractor oversight on behalf of the City, to include inspection of work, observation of
work practices and assuring the contractor does not adversely affect City staff on the
lower floors; 4) complete air sampling to document the absence of airborne asbestos
fibers above the regulatory requirements within the third and fourth floors and in select
City staff areas adjacent to the work. Also, as funding permits, Fuicrum will assist staff in
bidding of licenses, insurance and qualifying contractors to complete the project. The
intent is that at the conclusion of the abatement activities these areas will be free from
hazardous material and allow for future renovations/use of the above -referenced areas:
•