HomeMy WebLinkAboutR-2015-072 Yakima Central Plaza Geotechnical Engineering Design Services Agreement with PanGEO, Inc.A RESOLUTION
RESOLUTION NO. R-2015-072
authorizing the execution of a Professional Services Agreement with
PanGEO Incorporated, not to exceed $24,000 to perform geotechnical
engineering design services for the Yakima Central Plaza.
WHEREAS, the Yakima City Council has established that constructing a Yakima Central
Plaza is responsive to the City Council's strategic priorities concerning "Economic Development"
and "Improving the Built Environment" priority; and,
WHEREAS, the City of Yakima has followed the procedure established by the State of
Washington to select and recommend a professional firm using the Municipal Research and
Service Center Professional Services Roster process to conduct the selection of a firm to
perform the geotechnical engineering services for the Plaza; and
WHEREAS, the Scope of Work and Budget included in this Professional Services
Agreement meet the needs and requirements of the City of Yakima for this project, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Professional Services Agreement
with PanGEO Incorporated attached hereto and incorporated herein by this reference not to
exceed Twenty -Four Thousand Dollars ($24,000) for geotechnical engineering design services
as described in the Agreement.
ADOPTED BY THE CITY COUNCIL this 19th day of May, 2015.
Micah Cal I?y, Mayor
For City of Yakima Use Only:
Contract No ap /.s-/ ' 7
Project No. .2 6 --
Resolution
Resolution Nog -2 /S -d72
SOQ No.
AGREEMENT
BETWEEN
CITY OF YAKIMA, WASHINGTON
AND
PANGEO INCORPORATED
FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on this -27 day of /* it/ , 2015, by and
between the City of Yakima, Washington, a municipal corporation with its principal/office at 129 North
Second Street, Yakima, WA 98901, hereinafter referred to as "CITY", and PanGEO Incorporated, with its
principal office at 3213 Eastlake Avenue East, Suite B, Seattle, WA 98102, hereinafter referred to as
"ENGINEER"; said corporation and its principal engineers are licensed and registered to do business in
the State of Washington, and will provide geotechnical design services under this Agreement for the
Yakima Central Plaza on behalf of the City of Yakima, Project No 2405, herein referred to as the
"PROJECT"
WITNESSETH:
RECITALS
WHEREAS, CITY desires to retain the ENGINEER to provide engineering services for design and
construction of the PROJECT, as described in this Agreement and subsequent Amendments thereto; and
WHEREAS, ENGINEER represents that it has available and offers to provide personnel with
knowledge and experience necessary 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 ENGINEER 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 ENGINEER agrees to perform those services described hereafter Unless modified in
writing by both parties, duties of ENGINEER shall not be construed to exceed those
services specifically set forth herein.
2.0.2 ENGINEER shall use its best efforts to maintain continuity in personnel and shall assign,
W. Paul Grant, PE, as Principal -in -Charge throughout the term of this Agreement unless
other personnel are approved by the CITY.
2.1 Basic Services: ENGINEER agrees to perform those tasks described in Exhibit A, entitled
"Yakima Central Plaza" (WORK) which is attached hereto and made a part of this Agreement as if
fully set forth herein.
2.2 Additional Services CITY and ENGINEER agree that not all WORK to be performed by
ENGINEER 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 ENGINEER to revise portions
of the PROJECT WORK previously completed in a satisfactory manner, delete portions of the
PROJECT, or request that the ENGINEER 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 ENGINEER'S cost of, or
time required for, performance of any services under this Agreement, a contract price
Page 1
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 shall be negotiated by the
CITY and the ENGINEER according to the hourly rates set forth in Exhibit C, attached
hereto and incorporated herein by this reference, and if so authorized, shall be
considered part of the PROJECT WORK. The ENGINEER shall not perform any
Additional Services until so authorized by CITY and agreed to by the ENGINEER in
writing
2.3 The ENGINEER must assert any claim for adjustment in writing within thirty (30) days from the
date of the ENGINEER's receipt of the written notification of change.
SECTION 3 CITY'S RESPONSIBILITIES
3.1 CITY -FURNISHED DATA: The CITY will provide to the ENGINEER all technical data in the
CITY'S possession relating to the ENGINEER'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 ENGINEER as required for ENGINEER'S performance of its services and will
provide labor and safety equipment as reasonably required by ENGINEER for such access
3 3 TIMELY REVIEW. The CITY will examine the ENGINEER'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 ENGINEER 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. ENGINEER shall be entitled to reasonably rely on such instructions made by
the CITY'S Representative unless otherwise directed in writing by the CITY, but ENGINEER shall
be responsible for bringing to the attention of the CITY'S Representative any instructions which
the ENGINEER believes are inadequate, incomplete, or inaccurate based upon the ENGINEER'S
knowledge.
3 5 Any documents, services, and reports provided by the CITY to the ENGINEER are available
solely as additional information to the ENGINEER and will not relieve the ENGINEER of its duties
and obligations under this Agreement or at law The ENGINEER 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 there from
SECTION 4 AUTHORIZATION, PROGRESS, AND COMPLETION
4 1 In signing this Agreement, CITY grants ENGINEER 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 - Schedule of Specific
Hourly Rates, attached hereto and incorporated herein by this reference. The estimated cost to
perform this work, on a time spent basis, plus reimbursement for direct non -salary expenses is as
shown in Exhibit B.
Page 2
51.1 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 ENGINEER'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 plus a reasonable markup, not to exceed ten percent (10%) and on the
basis of current rates when furnished by ENGINEER. Estimated Direct Non -Salary
Expenses are shown in Exhibit B
5.1.1.1 Travel costs, including transportation, lodging, subsistence, and incidental
expenses incurred by employees of the ENGINEER 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. ENGINEER, whenever possible,
will use the least expensive form of ground transportation
• That reimbursement for meals inclusive of tips shall not exceed a
maximum of forty dollars ($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
51.2 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.
5.13 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 actual costs billed plus a reasonable markup, not to exceed ten percent (10%)
for services provided to the CITY through this Agreement. Estimated Subconsultant
costs are shown in Exhibit B.
5 2 Unless specifically authorized in writing by the CITY, the total budgetary amount for this
PROJECT shall not exceed Twenty -Four Thousand Dollars ($24,000). The ENGINEER 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 ENGINEER is not obligated to incur costs beyond the indicated budget, as may be adjusted,
nor is the CITY obligated to pay the ENGINEER beyond these limits When any budget has been
increased, the ENGINEER'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 ENGINEER shall submit to the City's Representative an invoice each month 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 ENGINEER 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 ENGINEER promptly if any problems are noted with the invoice CITY
may question any item in an invoice, noting to ENGINEER the questionable item(s) and
withholding payment for such item(s). The ENGINEER may resubmit such item(s) in a
subsequent invoice together with additional supporting information required.
Page 3
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 ENGINEER pursuant to the terms of
RCW 39.76 020(4)
5 5 Final payment of any balance due the ENGINEER 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 ENGINEER of a release of all known payment
claims against CITY arising under or by virtue of this Agreement, other than such payment
claims, if any, as may be specifically exempted by the ENGINEER 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 ENGINEER 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 ENGINEER to satisfactorily perform the PROJECT WORK as required under this
Agreement.
SECTION 6 RESPONSIBILITY OF ENGINEER
61 The ENGINEER 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 ENGINEER under this Agreement. The ENGINEER
shall, without additional compensation, correct or review any errors, omissions, or other
deficiencies in its plans, designs, drawings, specifications, reports, and other services The
ENGINEER 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 any way relieve the
ENGINEER 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 ENGINEER 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 ENGINEER 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 ENGINEER shall be
solely responsible for any claims for wages or compensation by ENGINEER employees, agents,
and representatives, including subconsultants and subcontractors, and shall save and hold CITY
harmless therefrom.
6 4 INDEMNIFICATION.
(a) ENGINEER agrees to defend, indemnify, and hold harmless the CITY, its elected
officials, agents, officers, employees, agents and volunteers (hereinafter "parties
protected") from (1) claims, demands, liens, lawsuits, administrative and other
proceedings,(including reasonable costs and attorneys fees) and (2) judgments,
awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind
claimed by third parties arising out of, or related to any death, injury, damage or
destruction to any person or any property to the extent caused by any negligent act,
action, default, error or omission or willful misconduct arising out of the Engineer's
performance under this Agreement. In the event that any lien is placed upon the
Page 4
City's property or any of the City's officers, employees or agents as a result of the
negligence or willful misconduct of the Engineer, the Engineer shall at once cause
the same to be dissolved and discharged by giving bond or otherwise
(b) CITY agrees to indemnify and hold the ENGINEER harmless from loss, cost, or expense
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 ENGINEER 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 ENGINEER and the CITY in proportion to
their relative degrees of negligence or willful misconduct and the right of indemnity will
apply for such proportion.
(d) Nothing contained in this Section or this Agreement shall be construed to create a liability
or a right of indemnification in any third party
6.5 In any and all claims by an employee of the ENGINEER, any subcontractor, anyone directly or
indirectly employed by any of them, or anyone for whose acts any of them may be liable, the
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 ENGINEER
or a subcontractor under workers' or workmens' compensation acts, disability benefit acts, or
other employee benefit acts. The ENGINEER specifically and expressly waives its immunity
under the Industrial Insurance Act, Title 51, RCW Such waiver has been mutually negotiated by
the ENGINEER and the CITY.
6 6 It is understood that any resident engineering or inspection provided by ENGINEER 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 ENGINEER does not assume responsibility for methods or appliances used by a
contractor, for a contractor's safety programs or methods, 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 ENGINEER'S
officers, principals, employees, agents, representatives, and engineers as additional insureds on
contractors insurance policies covering PROJECT, exclusive of insurance for ENGINEER
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 ENGINEER, to the extent that ENGINEER has exercised the applicable and appropriate
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 attachments. The project schedule and
performance dates for the individual tasks shall be mutually agreed to by the CITY and the
ENGINEER within fifteen (15) 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
ENGINEER, 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 ENGINEER which could not be
reasonably anticipated
Page 5
7.2 Not later than the tenth (10) day of each calendar month during the performance of the
PROJECT, the ENGINEER shall submit to the CITY'S Representative a copy of the current
schedule and a written narrative description of the WORK accomplished by the ENGINEER 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 ENGINEER are instruments or service of this PROJECT.
There shall be no reuse, change, or alteration by the CITY or others acting through or on behalf
of the CITY without written permission of the ENGINEER, which shall not be unreasonably
withheld and will be at the CITY's sole risk. The CITY agrees to indemnify the ENGINEER 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 ENGINEER
will not be indemnified for such claims, damages, losses, and costs including, without limitation,
litigation expenses and attorney fees were caused by the ENGINEER's own negligent acts or
omissions.
8.2 The ENGINEER 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
8 3 All rights to patents, trademarks, copyrights, and trade secrets owned by ENGINEER (hereinafter
"Intellectual Property") as well as any modifications, updates or enhancements to said Intellectual
Property during the performance of the WORK remain the property of ENGINEER, and ENGINEER
does not grant CITY any right or license to such Intellectual Property
SECTION 9 AUDIT AND ACCESS TO RECORDS
91 The ENGINEER, 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 ENGINEER'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 ENGINEER agrees to the disclosure of all information and reports resulting from access to
records pursuant to this section provided that the ENGINEER 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 ENGINEER.
9 4 The ENGINEER shall ensure that the foregoing paragraphs are included in each subcontract for
WORK on the Project.
9.5 Any charges of the ENGINEER paid by the CITY which are found by an audit to be inadequately
substantiated shall be reimbursed to the CITY.
SECTION 10 INSURANCE
10.1 At all times during performance of the Services, ENGINEER shall secure and maintain in effect
insurance to protect the City and the ENGINEER from and against all claims, damages, losses,
Page 6
and expenses arising out of or resulting from the performance of this Contract. ENGINEER shall
provide and maintain in force insurance in limits no less than that stated below, as applicable.
The City reserves the rights to require higher limits should it deem it necessary in the best interest
of the public.
10 1 1 Commercial General Liability Insurance. Before this Contract is fully executed by
the parties, ENGINEER shall provide the City with a certificate of insurance as proof of
commercial liability insurance and commercial umbrella liability insurance with a total
liability limit of the limits required in the policy, subject to minimum limits of Two
Million Dollars ($2,000,000 00) per occurrence combined single limit bodily injury and
property damage, and Two Million Dollars ($2,000,000 00) general aggregate. The
certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be
in effect for the duration of this Contract. The policy shall name the City, its elected
officials, officers, agents, employees, and volunteers as additional insureds. The
insured shall not cancel or change the insurance without first giving the City thirty (30)
calendar days prior written notice. The insurance shall be with an insurance company
or companies rated A -VII or higher in Best's Guide and admitted in the State of
Washington
10.1 2. Commercial Automobile Liability Insurance.
a. If ENGINEER owns any vehicles, before this Contract is fully executed by the
parties, ENGINEERshall provide the City with a certificate of insurance as proof of
commercial automobile liability insurance and commercial umbrella liability insurance
with a total liability limit of the limits required in the policy, subject to minimum
limits of Two Million Dollars ($2,000,000.00) per occurrence combined single limit
bodily injury and property damage. Automobile liability will apply to "Any Auto" and be
shown on the certificate
b If ENGINEER does not own any vehicles, only "Non -owned and Hired
Automobile Liability" will be required and may be added to the commercial liability
coverage at the same limits as required in that section of this Contract, which is
Section 10 1.1 entitled "Commercial General Liability Insurance".
c. Under either situation described above in Section 10.1.2.a. and Section 10.1.2.b.,
the required certificate of insurance shall clearly state who the provider is, the
coverage amount, the policy number, and when the policy and provisions provided are
in effect. Said policy shall be in effect for the duration of this Contract. The policy shall
name the City, its elected officials, officers, agents, employees, and volunteers as
additional insureds. The insured shall not cancel or change the insurance without first
giving the City thirty (30) calendar days prior written notice The insurance shall be
with an insurance company or companies rated A -VII or higher in Best's Guide and
admitted in the State of Washington.
10 1 3. Statutory workers' compensation and employer's liability insurance as required by state
law.
10 1 4. Professional Liability Coverage. Before this Contract is fully executed by the parties,
ENGINEER shall provide the City with a certificate of insurance as proof of professional
liability coverage with a total liability limit of the limits required in the policy, subject
to minimum limits of Two Million Dollars ($2,000,000 00) per claim, and Two Million
Dollars ($2,000,000.00) aggregate The certificate shall clearly state who the provider
is, the coverage amount, the policy number, and when the policy and provisions
provided are in effect. Said policy shall be in effect for the duration of this Contract.
The insured shall not cancel or change the insurance without first giving the City thirty
(30) calendar days prior written notice. The insurance shall be with an insurance
company or companies rated A -VII or higher in Best's Guide If the policy is written on a
claims made basis the coverage will continue in force for an additional two years after
the completion of this contract.
Page 7
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 there under. The CITY and the CITY'S elected officials, 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 that affects the rights of
the City until thirty (30) days after written notice to the CITY of such intended
cancellation, expiration or change
SECTION 11 SUBCONTRACTS
11.1 ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract
any portion of the WORK to be performed under this Agreement.
11.2 Any subconsultants or subcontractors to the ENGINEER 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 ENGINEER shall be responsible for the architectural and engineering
performance, acts, and omissions of all persons and firms performing subcontract WORK.
11 3 CITY does not anticipate ENGINEER subcontracting with any additional persons or firms for the
purpose of completing this Agreement.
11.4 The ENGINEER 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 ENGINEER without prior written consent of the
other, which consent will not be unreasonably withheld. It is expressly intended and agreed that
no third party beneficiaries are created by this Agreement, and that the rights and remedies
provided herein shall inure only to the benefit of the parties to this Agreement.
SECTION 13 INTEGRATION
13.1 This Agreement represents the entire understanding of CITY and ENGINEER 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 Washington 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 laws, but the remainder of this Agreement shall be in full force
and effect. Venue of all disputes arising under this Agreement shall be Yakima County, State of
Washington.
SECTION 15 EQUAL EMPLOYMENT and NONDISCRIMINATION
15.1 During the performance of this Agreement, ENGINEER and ENGINEER's subconsultants and
subcontractors 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, color, national origin, marital status,
disability, honorably discharged veteran or military status, pregnancy, sexual orientation, and any
Page 8
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. ENGINEER agrees to comply with
the applicable provisions of State and Federal Equal Employment Opportunity and
Nondiscrimination statutes and regulations.
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. ENGINEER may suspend, in writing by certified mail, all or a portion of the WORK under
this Agreement if unforeseen circumstances beyond ENGINEER's control are interfering with
normal progress of the WORK. ENGINEER 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 ninety (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 Tess
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 subsection 17.1 of this Section, CITY may terminate this
Agreement for its convenience, in whole or in part, provided the ENGINEER 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 ENGINEER, 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 ENGINEER 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 ENGINEER'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 ENGINEER 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 ENGINEER 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 ENGINEER
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 ENGINEER 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
Page 9
ENGINEER or its subconsultants may have accumulated or prepared in performing this
Agreement, whether completed or in progress, with the ENGINEER retaining copies of the same
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 ENGINEER shall
have no responsibility to prosecute further WORK thereon.
17 7 If, after termination for failure of the ENGINEER to fulfill contractual obligations, it is determined
that the ENGINEER 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 ENGINEER in PROJECT WORK or for any corporate officer of the
ENGINEER to render his services to the PROJECT, the ENGINEER 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 DISPUTE RESOLUTION
18.1 In the event that any dispute shall arise as to the interpretation of this agreement, or in the event
of a notice of default as to whether such default does constitute a breach of the contract, and if
the parties hereto cannot mutually settle such differences, then the parties shall first pursue
mediation as a means to resolve the dispute. If either of the afore mentioned methods are not
successful then any dispute relating to this Agreement shall be decided in the courts of Yakima
County, in accordance with the laws of Washington. If both parties consent in writing, other
available means of dispute resolution may be implemented
Page 10
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 (72) hours after mailing by certified mail to the place of
business set forth below, whichever is earlier.
CITY: City of Yakima
129 N 2nd Street
Yakima, WA 98901
Attn Brett Sheffield, PE
ENGINEER: PanGEO Incorporated
3213 Eastlake Avenue East, Suite B
Seattle, WA 98102
Attn W. Paul Grant, PE
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their
respective authorize • - -- or representatives as of the day and year first above written.
CITY OF YAKI
Printed NameT VIII 0 Vatrki
Title: City Manager
Resolution No. R-2015- 072
Page 11
Signature
Printed Name. YA( . Cr -0_4—
Title:r�
Date: 5/4. J i s
STATE OF WASHINGTON
COUNTY OF YAKIMA
) ss.
I certify that I know or have satisfactory evidence that I v r, O)ea ur,i t. 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 the 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
.n.
KAARRE ALLYN
Notary Public
State of Washington
My Commission Expires
April 11, 2016
(Signature)
46 6 ,Lar
Title
hair, A//
Printed Name
My commission expires: q- i / -,:10/ (a
Page 12
STATE OF WASHINGTON
COUNTY OF YAKIMA
) ss.
I certify that I know or have satisfactory evidence that
appeared before me, and said person acknowledged
that he/she was authorized to execute the
—Pray din of1`—'-c„,n c.so
for the uses and purposes mentioned in the instrument
Dated. t(.Pi l Tj
NAL 1 Or-o.j. is the person who
that he/she signed this instrument, on oath stated
instrument, and acknowledged it as the
to be the free and voluntary act of such party
Seal or Stamp
�Notary Public
State of Washington
ASEMASH G TESFAY
MY COMMISSION EXPIRES
April 30, 2016
Printed Name
My commission expires.
Page 13
�.��I201(P
PanGEfi)
Geotechnical & Earthquake
Engineering Consultants
EXHIBIT A
GEOTECHNICAL DESIGN SERVICES
SUBSURFACE EXPLORATIONS
The City of Yakima was constructed over an old flood plain which largely consists of sands
and gravels with local area of silty sand. In general, the flood plain deposits provide suitable
support for low rise structures. I lowever, subsurface conditions may change over short
distances and loose sand or silts may be locally present. In general, we expect the water table
to be present a depths of 10 to 15 feet.
To provide a site specific assessment of subsurface conditions, we propose to drill
approximately 6 borings within the footprint of the new construction at the approximate
locations shown below:
Proposed Boring Locations
Prior to drilling, we will conduct a site reconnaissance to mark the boring locations, arrange
for the services of a private utility locator to identify potential subsurface utilities in the
vicinity of the proposed borings, and finally, we will call for the state wide utility locate
service to confirm that there are no conflicts with major live utilities.
PanGEO, Inc.
We will secure the services ofa drilling company to complete the borings. All borings will
be drilled with a trailer mounted drill rig equipped with a hollow stem auger drill string. All
borings will be drilled to depths of 10 to 15 feet below the existing ground surface. Soil
samples will be retrieved from the borings in conjunction with Standard Penetration Test
(SPT) sampling procedures. SPT samples will be generally taken at 2.5 foot intervals in the
borings. A groundwater observation well will be installed in the center boring drilled at the
site to provide information on the depth to the water table and information on fluctuations of
the groundwater table.
An engineering geologist from our firm will log the materials encountered in the explorations
and select samples of representative materials which will be bagged and returned to our office
for more detailed examination and potential testing of index properties of the soil. All borings
will be backfilled with the excavated site material upon completion of the logging. Water
levels within the borings will be inferred by the appearance of soils retrieved from the borings
during sampling.
ENGINEERING ANALYSES
Geologic Characterization
We will prepare draft summary logs of our field explorations based on our observations of the
materials recovered in the sampling. We will then conduct an independent review of the
samples retrieved from the boring and assign laboratory tests for selected specimens to
quantify the grain size distribution of the soils for subsequent use in determining infiltration
rates of the underlying soils. We will also submit other samples for laboratory testing to
determine the corrosivity potential of the underlying soils and the cation exchange capacity
and organic content of the underlying soils for their need for amendment as related to their
acceptance for infiltration of stormwater runoff Pending the results of the laboratory tests,
we will develop final boring logs for the site.
Seismic Design Parameters
Based on the results from our explorations, as well as other nearby borings, we will determine
the appropriate Site Class for the parcel for use in the seismic design of the covered parking
area. Additionally, we will develop seismic response spectra for the Design Earthquake
corresponding to damping levels of 2% and 5% as requested by the project structural
engineer. Finally, based on our borings and other nearby deeper borings, we will assess the
liquefaction potential of the alluvial terrace deposits.
Foundations
We will develop recommendations for the design the various foundation elements, including:
• Mat foundation for the water structure
• Individual spread footing for the covered parking
• Slabs that will support pavers
• Post foundations for luminaries
The foundation recommendations will typically include allowable bearing capacity, lateral
earth pressures (both active and passive), coefficient of friction, modulus of subgrade
reaction, and settlement estimates.
Infiltration
Based on the results of the laboratory grain size analyses, we will estimate the long term
infiltration rate of the underlying soils for their ability to infiltrate stormwater runoff. Based
on the results of other laboratory tests, we will provide information on whether the need to be
amended to improve water quality prior to reaching the underlying water table.
GEOTECHNICAL REPORT
We will prepare a geotechnical report that contains the results of all explorations and which
provides design recommendations for the project elements as discussed above.
MEETINGS
We will attend two meetings with the design team to discuss our findings and
recommendations to assist you in finalizing the project design.
SEPA PERMITTING ASSISTANCE
We will provide geotechnical input for the SEPA application for the project.
PLANS AND SPECIFICATIONS
We will review the project plans for conformance with recommendations in the geotechnical
report as well as general constructability regarding foundation elements.
We will also provide assistance in developing specifications for various project elements as
may be required.
SCHEDULE AND FEE
We estimate that the fieldwork for the design studies can be completed within about 3weeks
of your notice to proceed and that our engineering report will be completed in about 3 to 4
weeks following the completion of the field work.
Based on our understanding of the project and the scope of work, we estimate that the scope
of services proposed for the design studies will require a budget of $23,539, as detailed in the
attached cost estimate. We will not exceed this budget without prior authorization. If
subsurface conditions are encountered which would require a level of effort beyond the
proposed scope of our study, we will contact you immediately to discuss any necessary
modifications to our scope of services and/or budget estimate, and to obtain your approval.
PanGEO, Inc.
GENERAL CONDITIONS
PanGEO, Inc , a Washington Corporation ("PanGEO"), and Client agree to a work assignment in accordance with the attached proposal and cost
estimate, and the following general conditions
INTEGRATION
The attached proposal together with these General Conditions comprises the entire Agreement between the parties. This Agreement may not be
changed without the prior written consent of all parties to the Agreement There are no terms or conditions that are not expressed in this Agreement.
STANDARD OF CARE
PanGEO agrees to perform its professional services in accordance with that degree of care and skill ordinarily exercised by similarly qualified
geotechnical engineering professionals currently practicing in this arca under similar conditions No warranties or other representations are expressed or
implied
CLIENT FURNISHED INFORMATION AND OBLIGATIONS
The Client is responsible to provide PanGEO with a description of the property, its location, and the locations of any underground utilities, facilities or
structures on or adjacent to the property that could impact our work. PanGEO, its owners, employees, subcontractors and agents will not be responsible
for any damage to buried utilities or subterranean structures that are not specifically identified to PanGEO The Client also must advise PanGEO of the
location and nature of any known or suspected hazardous materials that may exist on the property
SiTE ACCESS/R1GHT OF ENTRY
The Client agrees to advise PanGEO, prior to commencement of our services, of any special requirements for entry, work permits, security clearances,
licenses, or any other required permissions. If the property is not owned by the Client, the Client shall obtain permission for right -of -entry for the
purpose of performing our services.
SURFACE AND SUBSURFACE DISTURBANCE
PanGEO will take reasonable precautions to minimize surface and subsurface disturbance of the site In the normal course of exploratory work some
disturbance may occur, and the restoration of any disturbance is not part ()Idris Agreement, unless specifically provided in the scope of services and
budget for the work,
UNANTICIPATED CONDITIONS OR HAZARDOUS MATERIALS
Subsurface conditions at some locations at the site may vary from those encountered at the locations where surveys or explorations are made, Because
the interpretations and recommendations of PanGEO are based solely on the information available to PanGEO, limitations on the available information
will result in some uncertainty, and, therefore, risk, with respect to the interpretation of geologic and geotechnical conditions, despite the use of due
professional care, if conditions different from those described in our report are observed or appear to be present, PanGEO should be retained to provide
additional analyses as necessary to evaluate the situation and modify our recommendations as appropriate,
The discovery of unanticipated conditions or hazardous materials constitutes a changed condition that may require renegotiation of the scope
of services and budget, or termination of services. if unanticipated hazardous materials are encountered, PanGEO may take immediate
action to protect health and safety PanGEO shall notify Client as soon as practically possible should unanticipated hazardous materials be
encountered. Client agrees to compensate PanGEO for the additional cost of services necessary to protect the health and safety of the public,
PanGEO's employees, or others
INDEMNIFICATION FOR HAZARDOUS MATERIALS AND RELEASE OF POLLUTANTS
Client agrees that any hazardous materials, including asbestos, present at the work site, prior to and during the performance of this Agreement were not
generated, stored or disposed of by PanGEO To the fullest extent permitted by law, the Client shall defend, indemnify and hold harmless PanGEO, its
owners, employees, subcontractors and agents, from any and all liability, loss, costs, damage or expenses (includine attorneys' fees and costs upon trial
and appeal) arising out of or in connection with (1) any future pollution -related claims or damages at the site, including potential claims from third
parties that may name PanGEO as a defendant, and (2) the performance of any professional services of PanGEO that result in alleged exacerbation of
existing environmental pollution or contamination, or result in any newly caused or created pollution or contamination. This indemnification will not
apply to claims, damages, losses or expenses which are a result of negligent acts by PanCiEO under this Agreement, or which arise from new pollutants
introduced solely by PanGEO
REPORTING OF HAZARDOUS SUBSTANCE RELEASES
The Client is responsible for reporting releases of hazardous substances when such reports are required by government agencies, The Client agrees to
defend and hold PanGEO harmless for government or third party action taken for Client's failure to comply with hazardous substance release reporting
requirements
JOB SiTE CONDUCT AND SAFETY
PanGEO will be responsible for its professional activities on the job site, This will not relieve the Client, Owner, or construction contractors of their
obligation to maintain a safe job site, Neither PanGEO's professional activities nor the presence of its employees nor subcontractors shall be construed
to imply responsibility for job site safety
PanGEO, Inc.
SAMPLE RETENTION AND DISPOSAL
Non -hazardous samples will be discarded 30 days after they are obtained unless prior arrangements are made to store or deliver the samples Samples
containing hazardous materials that are regulated under federal, state, or local environmental laws will be returned to the site,
INSTRUMENTS OF SERVICE
Reports, field data, laboratory data, analyses, calculations, estimates, designs and other documents prepared by PanGEO as instruments of service shall
remain the property of PanGEO PanGEO will retain pertinent records relating to the services performed for a period of ten years following submission
of the report Copies of the instruments of service will be made available to the Client on request at a reasonable fee, Reuse of any instruments of
service by the Client on extensions of this project or on other projects without PanGEO's written permissions will he at the Client's sole risk Client
agrees to defend, indemnify and hold harmless PanGEO from claims, damages and expenses arising out of such reuse
BILLING AND PAYMENT
Billing for services will be submitted monthly A service charge of one and one-half percent (I 5%) per month will be added to unpaid accounts due
over 60 days. Expenses incurred in preparation and/or foreclosure ()laity lien or collecting delinquent amounts including, but not limited to attorneys'
fees, costs at trial and appeal and charges for PanGEO's staff time shall be paid in addition to the delinquent amount,
TERMINATION OF SERVICES
This Agreement may be terminated by either party upon at least seven (7) days written notice in the event of substantial failure by the other party to
perform in accordance with the terms and conditions through no fault of the terminating party Such termination shall not be effective if that substantial
failure has been remedied before expiration of the period specified in the written notice In the event that the Client requests early termination of our
services, PanGEO reserves the right to complete such analyses and records as are necessary to place its files in order and complete a report on the
services performed to date. Charges for these termination activities shall be in addition to all charges incurred up to the date of termination.
INSURANCE
PanGEO maintains Workers Compensation and Employer's Liability insurance as required by state laws PanGEO also maintains comprehensive
general, auto, professional and envrronrnental liability insurance, certificates of which are available upon request
LIMIT OF LIABILITY
General Liability' In the performance of this Agreement and subject to the limits, terms and conditions of property damage and public liability
coverage, PanGFO agrees to indemnify and hold Client harmless from PanGEO's proportional share of liability resulting from its negligence and any
breech of contract compared to that of other persons or entities which results in damage to the Client, PanGEO shall not be responsible for any loss,
damage, or liability beyond the amounts, limits, coverage or conditions of its insurance coverage on the date the claim is made. PanGEO shall not be
responsible for Client's negligence nor the negligence of third parties.
Professional Liability- In consideration of relative opportunities for financial reward from this project for the parties to this Agreement, Client agrees
that the maximum aggregate amount of its recovery from PanGEO or its employees due to any and all claims of professional negligence and breach of
contract arising out of any incident shall be limited to $50,000 or the amount of PanGEO's fees for the services provided under this Agreement,
whichever is less, unless a higher limit with commensurate compensation is specifically negotiated
CONSEQUENTIAL DAMAGES
PanGEO shall not be liable for consequential damages, including loss of use or loss of profits, or indirect damages, regardless of whether such claim is
based upon alleged breach of contract, willful misconduct, strict liability, breach of warranty or negligent act, error or omission, whether professional or
nonprofessional.
DISPUTES
Any dispute, controversy or claim arising out of or relating to this Agreement, or breach thereof, shall he mediated, The law of the State of
Washington will govern the validity and execution of this Agreement and the disposition of any claims related to this Agreement, The
prevailing party in any dispute or litigation concerning this Agreement will be entitled to recover reasonable attorneys' fees and costs
incurred at trial and appeal, including staff time, court costs, attorneys' fees, and other claim -related expenses
ASSIGNMENTS
Neither the Client nor PanGEO may delegate, assign, sublet or transfer the duties, interests or responsibilities set forth in this agreement
without the written consent oldie other party
SURVIVAL
These terms and conditions shall survive the completion of the services under the Agreement and the termination of the Agreement for any
cause
SEVERABILITY
The Client and PanGEO have entered into this Agreement of their own free will, to communicate to one another mutual understandings and
responsibilities Any element of the Agreement later held to violate a law or regulation shall be deemed void, and remaining provisions shall continue
in force Client and PanGEO shall in good faith attempt to replace any invalid or unenforceable provision with one that is valid and enforceable, and
which comes as close as possible to expressing the intent of the original provision,
PanGEO, Inc.
EXHIBIT B
Professional Fees
WORK TASK DESCRIPTION
Direct Salary Costs:
PanGEO Labor Hours 8 Rates
COST
Principal
Sr Gert Ener
Printiart Eng
Sr Geokt,cst
Prot l:ng
8350
$540
$300
8540
$36
516500
SI Of
5'509
59501
58500
Design F
Subsurface Explorations
S16r27$
80
r^
b
Site Reconnaissance
8
8760
Drillne(6 Hangs)
2
16
51,850
Engineering Analysis
Genlewe Cha camel crown /log)
3
12
81.635
Seome (2 R 590)
4
$660
Eoendat ,na
8
51.320
Infhntan
4
4
81,040
Pavement
4
$660
Gentechnica Report
20
3
$4.060
Meetings (2)
Permitting Assistance (SEPA)
8
$1320
8
51.320
Plans & Specifications
10
51,650
.t 00 tot
0
LABORATORY TESTSUAIMARY
Test
Est No
Tests
Unf
Cosi
-Tial
Cost
(brrrsne), rests (A)VWA('(05)
Sieve Analyse,
Urge nr Content
(ration F xchange Capacity
Montag Content
2
6
6
6
6
$175
$90
$50
$90
$6
8350
$540
$300
8540
$36
TOTAL LABORATORY TESTING
81,766
Assumed Conditions:
1 Test hole driller subcontracted to PanGEO
2. Right -of -entry and permits provided by others
3 Boring locations will be be determined in the field by hand held GPS
48
ESTIMATED DIRECT EXPENSES.
Pe, diem
Mileage ,
Reproduction & Fxdd Coeuanubks
TOTAL DIRECT EXPENSES
SUBCONTRACTOR COSTS:
LitE'ty Locate
Trackhoe Cleanng
$16,275.00
$150
$173
$50
5373
$500
Borings (6@l0 to 15' ea) $4,000
Observatkm Wa $625
TOTAL SUBCONTRACT COSTS: $5,125
COST SUMMARY
Total Labor Cost
Lab Testing
Direct Eepenses
Subcontractor Costs
TOTAL.
$16,275
51,766
8373
55,125
523,539 j
PanGEO, Inc.
EXHIBIT "C"
SCHEDULE OF RATES
Title Hourly Rate
Principal Engineer $165
Sr. Geotechnical Engineer 120
Project Geotechnical Engineer 95
Senior Geologist 95
Project Engineer 85
Page 14
•
•
•
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 9.
For Meeting of: May 19, 2015
Resolution authorizing an agreement with PanGEO Incorporated,
not to exceed $24,000, to perform geotechnical engineering design
services required for the Yakima Central Plaza
Debbie Cook, PE, Director of Utilities and Engineering
Brett Sheffield, Chief Engineer - 509-576-6797
SUMMARY EXPLANATION:
On April 9, 2015, the City Council approved a contract with Gustafson, Guthrie, Nichol to design and
engineer plans for the construction of a downtown plaza. Geotechnical engineering services are required
for the design of certain elements of the plaza including: the mat foundations for the water structures; the
individual spread footing for the covered parking; slabs that will support pavers; and, post foundations for
luminaires.
In an effort to not have to pay overhead to Gustafson Guthrie Nichol (GGN) for this work, it was not
included in the professional services agreement with GGN. However, this work was always accounted for
in the overall $14 million budget for this project. Since GGN has worked previously with PanGEO and
requested that they be used, the geotechnical work is needed prior to the 30%design being completed, and
PanGEO is on the MRSC Roster, it was determined to be in the best interest of the City to consult with
PanGEO to perform this work.
Resolution: X Ordinance:
Other (Specify):
Contract: X Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact: Arterial Streets, Fund 321
Strategic Priority:
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff recommends approval of this resolution.
ATTACHMENTS:
Description
❑ Resolution
❑ Service Agreement
1
Upload Date
5/8/2015
5/8/2015
Type
Cover Memo
Cover Memo
•
•
•