HomeMy WebLinkAboutR-2008-030 Ashley Bertsch ContractRESOLUTION NO. R-2008-30
A RESOLUTION authorizing the City Manager of the City of Yakima to execute an
Engineered Retaining Wall Plan Review Professional Service Contract
for Ashley — Bertsch Group, Inc. in order to provide these necessary
professional services on behalf of the City.
WHEREAS, the City of Yakima's Department of Community and Economic
Development receives retaining wall construction applications that require staff and professional
engineering review; and
WHEREAS, the City of Yakima Code Administration and Planning Division staff process
the applications regarding engineered retaining wall construction projects for plan review within
the City of Yakima; engineered plans must be technically reviewed by the City's appointed
professional structural engineer for consistency and compliance with all of the adopted
construction codes and standards; and
WHEREAS, Mike Black of the Ashley — Bertsch Group, Inc, is an experienced
engineered retaining wall plans examiner; in that capacity he has agreed to provide the
necessary professional expertise to the City's Code Administration and Planning Division to
conduct the engineered retaining wall plan review and assist the City with required technical
advise on retaining wall matters; and
WHEREAS, Mike Black of Ashley — Bertsch Group, Inc, as the engineered retaining wall
plans examiner, has agreed to provide these professional services in accordance with the City
of Yakima's Municipal Code, the International Building Code and the laws of Washington; and
WHEREAS, Mike Black of Ashley — Bertsch Group, Inc, as the engineered retaining
wall plans examiner, shall be compensated for the services specified and in the manner
indicated within the Professional Services Contract attached hereto and incorporated herein by
this reference from the City of Yakima's General Fund Professional Service account number
022-149-0000-52410-410 and from a vacancy salary savings; and
WHEREAS, the City Council deems it to be in the best interest of the City to authorize
execution of the attached Contract to provide the professional services specified therein, Now,
Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute the
attached and incorporated "Engineered Retaining Wall Plan Review Professional Service
Contract" with Mike Black of Ashley — Bertsch Group, Inc, to provide professional engineered
retaining wall plans examiner services to the City of Yakima Code Administration and Planning
Division in accordance with City Ordinances, the International Building Code and State statutes.
ADOPTED BY THE CITY COUNCIL this 5th day of4uary, 2008.
avid Edler, Mayor
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
for
City of Yakima, Washington
This agreement is made and entered into on this day of 2008, between
the City of Yakima, Washington, a municipal corporation, (hereinafter referred to as
CITY), and Ashley -Bertsch Group, Inc. a Washington corporation, (hereinafter referred
to as CONSULTANT).
CITY and CONSULTANT for mutual consideration hereinafter set forth, agree as follows:
I. OBJECTIVES
The CITY desires to obtain the professional services of CONSULTANT for the purpose
of obtaining technical advice and services concerning the design and construction of
retaining walls proposed for construction within the City. CONSULTANT has the
professional expertise to provide this service on behalf of the City to allow the City
Planning Department to fully assess retaining wall design proposals and construction
techniques to best meet the requirements of safe and sufficient retaining wall
construction.
II. SCOPE OF SERVICES
The CONSULTANT agrees to perform certain consulting, planning studies, and/or
advisory services for the CITY. These tasks are outlined as follows:
• All correspondence shall be under the City of Yakima's cover letter clearly stating.
comments that must be incorporated into retaining wall design. CONSULTANT
may communicate directly with the individual engineers on submitted design
documents to clarify or discuss the design requirements and methodology.
• CONSULTANT shall:
o act as the CITY's review agency for retaining wall designs;
o provide advice and service to the CITY for retaining walls, which service
and advice shall consist of:
• providing consultation on retaining wall construction and design
principles;
• providing review of submitted plans by other engineers seeking a
construction permit for retaining wall(s);
• providing the CITY a copy of all correspondence such as
memorandums, letters, or e-mails sent to retaining wall applicants;
• contacting the submitting engineer as required via telephone
conversations or meetings. In some cases, field visits may be
required.
• CONSULTANT shall use the most recently adopted Washington State
International Building Code as the primary construction document, together with
(jc) / Consultant Services Agreement Page 1
other sound engineering documents to ensure adequate engineering and
construction design has been provided in the submitted retaining wall designs.
CONSTRAINTS OR COMMENTS
In general, retaining walls consist of reinforced concrete walls, reinforced concrete block
walls, segmental retaining walls (SRV's), and Rock Walls. CONSULTANT shall use the
following criteria for evaluation as their main reference material:
• 2003 International Building Code and 2003 International Residential Code. As of
July 1, 2007, the 2006 International Building Code and 2006 International
Residential Code will apply;
• The American Concrete Institute (ACI) provides the design basis for reinforced
concrete or reinforced concrete block walls (e.g. ACI 318.02, ACI 530);
• National Concrete Masonry Association (1997). "NCMA SRW Technical
Committee." Design manual for segmental retaining walls, 2nd ed. TR 127A, and;
• The ARC, Standard Rock Wall Construction Guidelines (ARC, 1992), and Gray
and Sotir (1996)'.
The limitations of the work established in this contract is understood and agreed upon by
the parties. The design review and any comments or correction requests shall be
prepared for each specific retaining wall submittal based on the scope, budget, and
schedule constraints. Further, the review conclusions shall be developed in a manner
consistent with the level of care and skill normally exercised by members of the
engineering profession.
III. PAYMENT
a. As compensation for these services the CITY agrees to pay CONSULTANT in
accord with the terms and rates set forth in Exhibit "A", attached hereto and incorporated
herein by this reference.
The maximum total fees and expenses payable by the CITY to the CONSULTANT under
this contract shall be based upon the workload pertinent to retaining walls received by
the City of Yakima, but shall in no case exceed Ten Thousand Dollars ($10,000.00). If
the work performed by CONSULTANT on behalf of the CITY exceeds this maximum
value during the contract period the City Manager is authorized, for good cause shown,
to execute one amendment to this agreement to provide for up to, but not to exceed, an
additional Five Thousand Dollars ($5,000.00) for fees and expenses payable to
CONSULTANT.
b. No payment shall be made for any work performed by the CONSULTANT,
except for work identified and set forth in this Contract or supporting exhibits or
attachments incorporated by reference into this Contract.
c. The CONSULTANT may, in accord to the rates set forth herein, submit
invoices to the CITY not more often than once per month during the progress of the work
for partial payment of work completed to date. Invoices shall cover the time
CONSULTANT performed work for the CITY during the billing period. The CITY shall
pay the CONSULTANT for services rendered in the month following the actual delivery
(jc) / Consultant Services Agreement Page 2
of the work and will remit payment within thirty (30) days from the date of receipt of
billing.
Gray, Donald H., and Robin B. Sotir 1996: Biotechnical and Soil Bioengineering Slope Stabilization A
Practical Guide for Erosion Control; Subsection 5.3.1, Rock Breast Walls John Wiley and Sons, Inc.
d. The CONSULTANT shall not be paid for services rendered under the Contract
unless and until they have been performed to the satisfaction of the CITY.
e. In the event the CONSULTANT has failed to perform any substantial
obligation to be performed by the CONSULTANT under this Contract and such failure
has not been cured within ten (10) days following notice from the CITY, then the CITY
may, in its sole discretion, upon written notice to the CONSULTANT, withhold any and
all monies due and payable to the CONSULTANT, without penalty, until such failure to
perform is cured or otherwise adjudicated. "Substantial" for purposes of this Contract
means faithfully fulfilling the terms of the contract with variances only for technical or
minor omissions or defects.
f. Unless otherwise provided for in this Contract or any exhibits or attachments
hereto, the CONSULTANT will not be paid for any billings or invoices presented for
payment prior to the execution of the Contract or after its termination.
IV. RETAINER
Retainer is waived for CITY.
V. STANDARD PROVISIONS
1. TERM OF CONTRACT
The term of this Contract shall begin on the date last executed below, and shall
terminate upon completion of all services required hereunder by the CONSULTANT
unless terminated earlier by the CITY in accordance with paragraph 6 of this Section of
this Contract.
2. CONTRACT REPRESENTATIVES
Each party to this Contract shall have a contract representative. Each party may
change its representative upon providing written notice to the other party. The parties'
representatives are as follows:
(jc) / Consultant Services Agreement Page 3
a. For CONSULTANT:
Name of Representative: Michael Black
Mailing Address: 5803 W Metaline Ave
City, State and Zip Code: Kennewick, WA 99336
Telephone Number:
Fax Number:
E-mail Address:
b. For CITY:
(509) 735-2781
(509) 783-9381
mblack@owt.com
Name of Representative: Doug Maples, CBO
Title: Code Administration & Planning Mgr.
Mailing Address: 129 North Second Street
City, State and Zip Code: Yakima, WA 98901
Telephone Number: (509) 575-6126
Fax Number: (509) 576-6576
E-mail Address: dmaples@ci.yakima.wa.us
3. AMENDMENTS AND CHANGES IN WORK
a. In the event of any errors or omissions by the CONSULTANT in the
performance of any work required under this Contract, the CONSULTANT shall make
any and all necessary corrections without additional compensation. All work submitted
by the CONSULTANT shall be certified by the CONSULTANT and checked for errors
and omissions. The CONSULTANT shall be responsible for the accuracy of the work,
even if the work has been accepted by the CITY.
b. No amendment, modification or renewal shall be made to this Contract unless
set forth in a written Contract Amendment, signed by both parties and attached to this
Contract. Work under a Contract Amendment shall not proceed until the CITY has duly
executed the Contract Amendment.
4. HOLD HARMLESS AND INDEMNIFICATION
• a. The CONSULTANT shall hold harmless, indemnify and defend the CITY, its
officers, officials, employees and agents, from and against any and all claims, actions,
suits, liability, losses, expenses, damages, and judgments of any nature whatsoever,
including costs and attorneys fees in defense thereof, for injury, sickness, disability or
death to persons or damage to property or business, caused by or arising out of the
CONSULTANT'S acts, errors or omissions in the performance of this Contract. Claims
shall include, but not be limited to, claims that information supplied by the
CONSULTANT infringes any patent, copyright, trademark, trade name, or otherwise
results in an unfair trade practice. PROVIDED HOWEVER, that the CONSULTANT'S
obligations hereunder shall not extend to injury, sickness, death or damage caused by or
arising out of the sole negligence of the CITY, its officers, officials, employees or agents.
(jc) / Consultant Services Agreement Page 4
PROVIDED FURTHER, that in the event of the concurrent negligence of the parties, the
CONSULTANT'S obligations hereunder shall apply only to the percentage of fault
attributable to the CONSULTANT, its employees or agents.
b. In any and all claims against the CITY, its officers, officials, employees and
agents by any employee of the CONSULTANT, anyone directly or indirectly employed
by any of them, or anyone for whose acts any of them may be liable, the indemnification
obligation under this Section shall not be limited in any way by any limitation on the
amount or type of damages, compensation, or benefits payable by or for the
CONSULTANT under Worker's Compensation acts, disability benefits acts, or other
employee benefits acts, it being clearly agreed and understood by the parties hereto that
the CONSULTANT expressly waives any immunity the CONSULTANT might have had
under such laws. By executing the Contract, the CONSULTANT acknowledges that the
foregoing waiver was mutually negotiated by the parties and that the provisions of this
Section shall be incorporated, as relevant, into any contract the CONSULTANT makes
with any CONSULTANT or agent performing work hereunder.
c. The CONSULTANT'S obligations hereunder shall include, but are not limited
to, investigating, adjusting and defending all claims alleging loss from action, error or
omission, or breach of any common law, statutory or other delegated duty by the
CONSULTANT, the CONSULTANT'S employees, or agents.
5. INSURANCE
a. Workers' Compensation: The CONSULTANT shall maintain workers'
compensation insurance as required by Title 51, RCW, and shall provide evidence of
coverage to the CITY. If the CONSULTANT has employees, the CONSULTANT shall
request the Washington State Department of Labor and Industries, Workers'
Compensation Representative, send written verification to CITY that the CONSULTANT
is currently paying Workers' Compensation.
b. Commercial General Liability: The CONSULTANT shall maintain Commercial
General Liability coverage for bodily injury, personal injury and property damage, subject
to limits of not less than $1,000,000 per loss. The general aggregate limit shall apply
separately to this Contract and be no less than $2,000,000.
The CONSULTANT shall provide Commercial General Liability coverage
which does not exclude any activity to be performed in fulfillment of this Contract.
Specialized forms specific to the industry of the CONSULTANT will be deemed
equivalent provided coverage is no more restrictive than would be provided
under a standard Commercial General Liability policy, including contractual
liability coverage.
ii. The CONSULTANT'S Commercial General Liability insurance shall
include the CITY, its officers, officials, employees and agents with respect to
performance of services, and shall contain no special limitations on the scope of
protection afforded to the CITY as an additional insured.
The CONSULTANT shall furnish the CITY with evidence that the
additional insured provision required above has been met. An acceptable form of
evidence is the endorsement pages of the policy showing the CITY as an
additional insured.
(jc) / Consultant Services Agreement Page 5
iv. If the CONSULTANT'S liability coverage is written as a claims made
policy, then the CONSULTANT must evidence the purchase of an extended
reporting period or "tail" coverage for a three-year period after project completion,
or otherwise maintain the coverage for the three-year period.
v. If the Contract is over $50,000 then the CONSULTANT shall also
maintain Employers Liability Coverage with a limit of not less than $1 million..
c. Automobile Liability: The CONSULTANT shall maintain Business Automobile
Liability insurance with a limit of not less than $1,000,000, each accident combined
Bodily Injury and Property Damages. Coverage shall include owned, hired and non -
owned automobiles.
d. Professional Liability Insurance: Before this Agreement is fully executed by
the parties, CONSULTANT shall provide the City with a certificate of insurance as
evidence of Professional Errors and Omissions Liability Insurance with coverage of at
least One Million Dollars ($1,000,000.00) per occurrence and an annual aggregate limit
of at least C)ne Million Dollars ($1,000,000.00). The certificate shall clearly state who the
provider is, the amount of coverage, the policy number, and when the policy and
provisions provided are in effect. The insurance shall be with an insurance company
rated A -VH or higher in Best's Guide. If the policy is on a claims made basis, the
retroactive date of the insurance policy shall be on or before January 1, 1999, or shall
provide full prior acts. The insurance coverage shall remain in effect during the term of
this Agreement and for a minimum of three (3) years following the termination of this
Agreement.
e. Other Insurance Provisions:
The CONSULTANT'S liability insurance provisions shall be primary with
respect to any insurance or self-insurance programs covering the CITY, its
elected and appointed officers, officials, employees and agents.
ii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to the CITY, its officers, officials, employees or agents.
The CONSULTANT'S insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of
the insurer's liability.
iv. The CONSULTANT shall include all subconsultants as insureds under its
policies or shall furnish separate certificates and endorsements for each
subconsultant. All coverage for subconsultants shall be subject to all of the
requirements stated herein.
v. The insurance limits mandated for any insurance coverage required by
this Contract are not intended to be an indication of exposure nor are they
limitations on indemnification.
vi. The CONSULTANT shall maintain all required policies in force from the
time services commence until services are completed. Certificates, policies, and
endorsements expiring before completion of services shall be promptly replaced.
(jc) / Consultant Services Agreement Page 6
f. Verification of Coverage and Acceptability of Insurers: The CONSULTANT
shall place insurance with insurers licensed to do business in the State of Washington
and having A.M. Best Company ratings of no less than A-, with the exception that
excess and umbrella coverage used to meet the requirements for limits of liability or
gaps in coverage need not be placed with insurers or re -insurers licensed in the State of
Washington.
Certificates of Insurance shall show the Certificate Holder as CITY OF
YAKIMA and include c/o of the Office or Department issuing the Contract. The
address of the Certificate Holder shall be shown as the current address of the
Office or Department.
ii. Written notice of cancellation or change shall be mailed to the City's
Contract Representative identified in Section 4 of this Contract
iii. The CONSULTANT shall furnish the CITY with properly executed
certificates of insurance or a signed policy endorsement which shall clearly
evidence all insurance required in this section prior to commencement of
services. The certificate will, at a minimum, list limits of liability and coverage.
The certificate will provide that the underlying insurance contract will not be
canceled or allowed to expire except on thirty (30) days prior written notice to the
CITY.
iv. The CONSULTANT or its broker shall provide a copy of any and all
insurance policies specified in this Contract upon request of the CITY.
6. TERMINATION
a. The CITY may terminate this Contract in whole or in part whenever the CITY
determines, in its sole discretion, that such termination is in the best interests of the
CITY. The CITY may terminate this Contract upon giving thirty (30) days written notice
by Certified Mail to the CONSULTANT'S Contract Representative. In that event, the
CITY shall pay the CONSULTANT for all costs incurred by the CONSULTANT in
performing the Contract up to the date of such notice. Payment shall be made in
accordance with Section III of this Contract.
b. In the event that funding for this project is withdrawn, reduced or limited in any
way after the effective date of this Contract, the CITY may summarily terminate this
Contract notwithstanding any other termination provision of the Contract. Termination
under this paragraph shall be effective upon the date specified in the written notice of
termination sent by the CITY to the CONSULTANT. After the effective date, no charges
incurred under this Contract are allowable.
c. If the CONSULTANT breaches any of its obligations hereunder, and fails to
cure the breach within ten (10) days of written notice to do so by the CITY, the CITY may
terminate this Contract, in which case the CITY shall pay the CONSULTANT only for the
costs of services accepted by the CITY, in accordance with Section III of this Contract.
Upon such termination, the CITY, at its discretion, may obtain performance of the work
elsewhere, and the CONSULTANT shall bear all costs and expenses incurred by the
CITY in completing the work and all damage sustained by the CITY by reason of the
CONSULTANT'S breach.
(jc) l Consultant Services Agreement Page 7
7. NO CONFLICT OF INTEREST
CONSULTANT represents that it or its employees do not have any interest and
shall not hereafter acquire any interest, direct or indirect, which would conflict in any
manner or degree with the performance of this Agreement. CONSULTANT further
covenants that it will not hire anyone or any entity having such a conflict of interest
during the performance of this Agreement.
8. ASSIGNMENT, DELEGATION, AND SUBCONTRACTING
a. The CONSULTANT shall perform the terms of the Contract using only its
bona fide employees or agents, and the obligations and duties of the CONSULTANT
under this Contract shall not be assigned, delegated, or subcontracted to any other
person or firm without the prior express written consent of the CITY.
b. The CONSULTANT warrants that it has not paid nor has it agreed to pay any
company, person, partnership, or firm, other than a bona fide employee working
exclusively for CONSULTANT, any fee, commission, percentage, brokerage fee, gift, or
other consideration contingent upon or resulting from the award or making of this
Contract.
9. NON -WAIVER OF RIGHTS
The parties agree that the excuse or forgiveness of performance, or waiver of
any provision(s) of this Contract does not constitute a waiver of such provision(s) or
future performance, or prejudice the right of the waiving party to enforce any of the
provisions of this Contract at a later time.
10. INDEPENDENT CONSULTANT
a. The CONSULTANT'S services shall be furnished by the CONSULTANT as an
Independent CONSULTANT and not as an agent, employee or servant of the CITY. The
CONSULTANT specifically has the right to direct and control CONSULTANT'S own
activities in providing the agreed services in accordance with the specifications set out in
this Contract.
b. The CONSULTANT acknowledges that the entire compensation for this
Contract is set forth in Section III of this Contract, and the CONSULTANT is not entitled
to any CITY benefits, including, but not limited to: vacation pay, holiday pay, sick leave
pay, medical, dental, or other insurance benefits, fringe benefits, or any other rights or
privileges afforded to CITY OF YAKIMA employees.
c. The CONSULTANT shall have and maintain complete responsibility and
control over all of its subconsultants, employees, agents, and representatives. No
subconsultant, employee, agent or representative of the CONSULTANT shall be or
deem to be or act or purport to act as an employee, agent or representative of the CITY.
d. The CONSULTANT shall assume full responsibility for the payment of all
payroll taxes, use, sales, income or other form of taxes, fees, licenses, excises, or
payments required by any City, federal or state legislation which is now or may be
enacted during the term of this Contract as to all persons employed by the
CONSULTANT and as to all duties, activities and requirements by the CONSULTANT in
(jc) / Consultant Services Agreement Page 8
performance of the work on this project and under this Contract and shall assume
exclusive liability therefore, and meet all requirements thereunder pursuant to any rules
or regulations.
e. The CONSULTANT agrees to immediately remove any of its employees or
agents from assignment to perform services under this Contract upon receipt of a written
request to do so from the CITY'S Contract Representative or designee.
11. COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all applicable federal, state and local laws,
rules and regulations in performing this Contract.
12. INSPECTION OF BOOKS AND RECORDS
The CITY may, at reasonable times, inspect the books and records of the
CONSULTANT relating to the performance of this Contract. The CONSULTANT shall
keep all records required by this Contract for six (6) years after termination of this
Contract for audit purposes.
13. NONDISCRIMINATION
The CONSULTANT, its assignees, delegatees or subconsultants shall not
discriminate against any person in the performance of any of its obligations hereunder
on the basis of race, color, creed, ethnicity, religion, national origin, age, sex, marital
status, veteran status, sexual orientation or the presence of any disability.
Implementation of this provision shall be consistent with RCW 49.60.400.
14. OWNERSHIP OF MATERIALS/WORK PRODUCED
a. Material produced in the performance of the work under this Contract shall be
as works for hire as defined by the U.S. Copyright Act of 1976 and shall be owned by the
CITY. This material includes, but is not limited to, books, computer programs, plans,
specifications, documents, films, pamphlets, reports, sound reproductions, studies,
surveys, tapes, and/or training materials. Ownership includes the right to copyright,
patent, register, and the ability to transfer these rights. The CITY agrees that if it uses
any materials prepared by the CONSULTANT for purposes other than those intended by
this Contract, it does so at its sole risk and it agrees to hold the CONSULTANT harmless
therefore to the extent such use is agreed to in writing by the CONSULTANT.
b. An electronic copy of all or a portion of material produced shall be submitted
to the CITY upon request or at the end of the job using the word processing program
and version specified by the CITY.
15. DISPUTES
Differences between the CONSULTANT and the CITY, arising under and by
virtue of this Contract, shall be brought to the attention of the CITY at the earliest
possible time in order that such matters may be settled or other appropriate action
promptly taken. Any dispute relating to the quality or acceptability of performance and/or
compensation due the CONSULTANT shall be decided by the CITY'S Contract
Representative or designee. All rulings, orders, instructions and decisions of the CITY'S
(jc) / Consultant Services Agreement Page 9
Contract Representative shall be final and conclusive, subject to the CONSULTANT'S
right to seek judicial relief pursuant to paragraph 15 of this Section.
16. CHOICE OF LAW, JURISDICTION AND VENUE
a. This Contract has been and shall be construed as having been made and
delivered within the State of Washington, and it is agreed by each party hereto that this
Contract shall be governed by the laws of the State of Washington, both as to its
interpretation and performance.
b. Any action at law, suit in equity, or judicial proceeding arising out of this
Contract shall be instituted and maintained only in any of the courts of competent
jurisdiction in the COUNTY OF YAKIMA, Washington.
17. SEVERABILITY
a. If a court of competent jurisdiction holds any part, term or provision of this
Contract to be illegal, or invalid in whole or in part, the validity of the remaining
provisions shall not be affected, and the parties' rights and obligations shall be construed
and enforced as if the Contract did not contain the particular provision held to be invalid.
b. If any provision of this Contract is in direct conflict with any statutory provision
of the State of Washington, that provision which may conflict shall be deemed
inoperative and null and void insofar as it may conflict, and shall be deemed modified to
conform to such statutory provision.
c. Should the CITY determine that the severed portions substantially alter this
Contract so that the original intent and purpose of the Contract no longer exists, the
CITY may, in its sole discretion, terminate this Contract.
18. NOTICES
Any notices shall be effective if personally served upon the other party or if
mailed by registered or certified mail, return receipt requested, to the addresses set out
in paragraph 2 of this Section. Notice may also be given by facsimile with the original to
follow by regular mail. Notice shall be deemed to have been given three days following
the date of mailing or immediately if personally served. For service by facsimile, service
shall be effective upon receipt during working hours. If a facsimile is sent after working
hours, it shall be effective at the beginning of the next working day.
19. ENTIRE AGREEMENT
The parties agree that this Contract is the complete expression of its terms and
conditions. Any oral or written representations or understandings not incorporated in this
Contract are specifically excluded. -
(jc) / Consultant Services Agreement Page 10
V. AUTHORIZED SIGNATORS
Ashley -Bertsch Group, Inc.
By:
Jarrle`�s F. Bertsch, Vice President
Date: 21)4105
City of Yakima
By:
R.A. Zais, r.T C, City Manager
Date:
ATTEST:
City Clerk
CITY CONTRAC f NO:
4V/2":"..3,,,...
RESOLUTION NO: !S - JO ' 3(5
it (444
y 4•
(jc) 1 Consultant Services Agreement Page 11
ATTACHMENT A
SCHEDULE OF 2008
PROFESSIONAL SERVICE FEES
MJI ILL 1 -1.AL11 1 JVl 1 VI IVVI "VV.
Consulting Services Fee Schedule
Services, Tools and equipment supplied by Ashley -Bertsch Group, Inc. will be billed with the following unit rates.
,,�„,x.,-. ., . ,.r.���r<.,•,...�.,,�...��.._. ,•`amu �xz�;,...;.�n;a..4fw;:�;,.ryr>hTirNR'?a.,., ,..a»
?20 .08 �aYW -MINI mdeYs;
SERVICES
$/per hour
Project Manager
$ 115.00
Principal Engineer (Geotechnical or Environmental)
$ 115.00
Geophysicist
$ 100.00
Senior Engineer/Scientist
$ 84.00
Environmental Site Assessor
$ 70.00
Draftsman
$ 55.00
Drafting/Design
$ 69.00
Engineering Technician
$ 55.00
Clerical/Administrative (generally part of overhead)
$ 36.00
Student Trainee
$ 27.00
Blueline Copy (per sheet)
$ 2.50
Paper Copy (per sheet)
$ 0.25
Vehicle Travel (per mile)
$ 0.80
TOOLS/EQUIPMENT
$/per day
$/per week
Water Level Indicator (1500)
$ 100.00
$ 400.00
Water Level Indicator (100)
$ 15.00
$ 60.00
Turbidity Field Lab
$ 61.00
$ 244.00
Soil Tensiometer
$ 51.00
$ 204.00
Water Quality Set
$ 251.00
$ 1,004.00
PID
$ 94.00
$ 376.00
$ 272.00)
Interface Probe
$ 68.00
Rossum Sand Sampler
$ 101.00
$ 404.00
Groundflos Pump/Generator
$ 150.00
$ 600.00
Paristolic Pump
$ 35.00
$ 140.00
Dynamic Penetrometer
$ 51.00
$ 204.00
Soil Sampling Auger
$ 41.00
$ 164.00
Static Penetrometer
$ 51.00
$ 204.00
Soil Stiffness Gage
$ 26.00
$ 104.00
Thin Layer Chromatography Mobile Lab
$ 51.00
$ 204.00
Air Entry Permeameter
$ 101.00
$ 404.00
Constant Head Permeameter
$ 101.00
$ 404.00
Seismograph
$ 300.00
$ 1,200.00
Level$
51.00
$ 204.00
Plane Table/Alidade
$ 76.00
$ 304.00
Oxidation Reduction Potential Meter
$ 15.00
$ 60.00
TESTS
Vasdose Zone Geohydrology
$/each
Permeameter Vertical Conductivity ASTM D-5126
$ 300.00
Permeameter Horizontal Conductivity ASTM D-5126
$ 276.00
Infiltrometer Vertical ASTM D-5126
$ 150.00
Percolation Test
$ 650.00
Soil Engineering Properties
•
Visual ASTM D-2488
$ 5.00
Moisture Content ASTM D-2216
$ 10.00
Specifici Gravity ASTM D-854
$ 51.00
Atteberg Limits ASTM D-4318
$ 55.00
Soil Gradation ASTM D-422, D-1140
Percent Passing 200 Sieve
$ 25.00
Dry Gradation
$ 97.00
Gradiation with Hydrometer
$ 83.00
Thin -Wall Tube Sampling ASTM 1587
$ 43.00
In -Place Soil Density ASTM D-1556
$ 45.00
In -Place Soil Density ASTM D-4914
$ 36.00
Soil Field Tests per Burmister
$ 15.00
MDD Tests (Proctor, ASTM -698 & 1557)
$ 182.00
Sand Minimum & Maximum Index Density
$ 101.00
Lab Bench Hydraulic Conductivity
$ 281.00
Water Settling Density
$ 51.00
Maximum Dry Density Test (6 to 8 point)
$ 231.00
Copyright (C) 2008 All Rights Reserved
Confidential
•
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 461,g
For Meeting of February 5, 2008
ITEM TITLE: Consideration of Resolution Authorizing a Professional Service Contract
with Ashley — Bertsch Group, Inc. for Professional Services pertaining to
Special Structural Engineering Plan Review.
SUBMITTED BY: 6r1tamR. Cook, Director of Community and Economic
Development Department
CONTACT PERSON/TELEPHONE: William R. Cook, Director of Community and
Economic Development (575-6113)
SUMMARY EXPLANATION:
During the last two years development has reached areas of the City where many projects
require engineered retaining wall designs. Since this engineered design is a very
specialized field, it became apparent the City needed to have an engineering specialist
review these designs to ensure the Building Code's minimum design standards are met.
In the summer of 2006, there were two significant retaining wall failures within the City.
Neither location had a permit for the wall or inspection of the construction of the retaining
wall that failed.
This contract would allow the City to utilize the expert technical services of Mike Black,
P.E., an engineer with the Ashley — Bertsch Group, Inc., for this specialized engineered
retaining wall plan review. The contract includes a "not to exceed" amount of $10,000,
with an opportunity to increase this value by $5,000 for good cause shown, and City
Manager approval. These funds would come from the Professional Service 410 account
($5,000) and a vacancy salary savings.
Resolution X Ordinance Other (Specify)
Contracts X Mail to (name and address):
Funding Source Professional Service 4 d Salar ¢qs
APPROVED FOR SUBMITTAL:
ana
•
er
Phone:
STAFF RECOMMENDATION: Authorize "e Retaining Wall Plan Review Professional
Service contract for Ashley — Bertsch Group, Inc.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Adopt Resolution