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Home My WebLink AboutPerteet, Inc. - Consulting Agreement for Grant ApplicationPERTEET CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES s Cot stlltant Agreem n; for Professional Services ("Agreement") is made and entered into on d 14 of f (:ivit)t.lr , 2020, between City of Yakima, 129 N. 2" Street, Yakima, WA 98901 hereinafter referred to as "CLIENT" and Perteet, Inc., 2707 Colby Avenue, Suite 900, Everett, WA 98201, hereinafter referred to as "CONSULTANT." CLIENT and CONSULTANT for mutual consideration hereinafter set forth, agree as follows: I. OBJECTIVES AND SCOPE OF SERVICES The CONSULTANT agrees to perform certain consulting, design, studies, and/or advisory services for the CLIENT as follows: Provide services relating to the City of Yakima FEMA BRIC Mitigation Grant Program (BRIC) for the Nelson Dam Removal Project as described in Exhibit "A", Scope of Services attached hereto and made a part of this Agreement. II. PAYMENT CLIENT agrees to pay CONSULTANT as compensation for these services as follows: At CONSULTANT's standard hourly rates on a time and materials basis to a maximum amount payable of Fourteen Thousand Nine Hundred Sixty Dollars ($14,960.00). CONSULTANT's standard hourly rates shall be billed as attached hereto. CLIENT shall be invoiced monthly in accordance with the attached Standard Provisions and Schedule of Billing Rates. III. STANDARD PROVISIONS The attached Standard Provisions and Schedule of Billing Rates are incorporated into and made a part of this Agreement. CLIENT and CONSULTANT also agree to the following additional provisions: No further provisions. PERTEET, INC. CITY OF YAKIMA By: Signature Signature Crustal L. Donner Name President Title Name (Please Print) CITY CONTRACT NO: RESOLUTION NO:«. Page I Y:\Contract Administration \Contracts\Yakima\20200227y, FEMA Grant Assistance\20200227_Yakima FEMA Asst Agmt_10-12-2020;docx SCOPE OF Exhibit "A" Grant Assistance October 6, 2020 Scope of Services City of Yakima Grant Writing Assistance INTRODUCTION The City of Yakima has been invited to submit a full application to FEMA BRIC Mitigation Grant Program (BRIC) for the Nelson Dam Removal Project. SCOPE OF SERVICES PURPOSE The overall purpose of this Scope of Services is to have the Consultant prepare the grant application and BCA. Task 1 — Grant Application Preparation Task 1 — Grant Application The Consultant will prepare a FEMA BRIC grant application and BCA consistent with the requirements and grant application guidelines provided by Washington Emergency Management Division and FEMA. Assumptions: • Project information is readily available from clients and will be reviewed by the Consultant to inform the grant application. • Information necessary to perform the BCA is readily available. The City project manager will provide any additional information that is necessary for the application. Deliverables: • Completed grant application and supporting attachments, including BCA. PROJECT NOT TO EXCEED - $15,000 File location:: Project FEMA BRIC Grant Assistance Contract Start Date Client City of Yaldma Contract End Date PM Christina Wollman Contract Duration: Task Billing Rate Grant Application Preparation Total Grant Application Preparadon Total Hours Total Dollars Sr. Atreaciate $215.00 12.00 Lead Planner/Man thlor $140.00 87,00 Accountant $100.00 2,00 Total Hours 101.00 12.00 12.00 87.00 87.00 2.0 2.00 $2,580.00 $12,180.00 $200.00 101.00 101.00 10/18/2020 3/9/2021 5 Months Labor Dollars $14,960,00 $14,900.00 $148780.00 SUMMARY Labor Expenses Suaconsultants CONTRACT TOTAL $14,980.00 $0,00 woo 4,08 ,op Last Update date 10/14/2020 Perteet Project No. 20200227.000 v7.6.755 (KHOLMES) - Page 1 of 2 PERTEET PERTEET, INC. Standard Provisions All professional services provided by Perteet, Inc. ("CONSULTANT") are subject to the terms and conditions set forth in this Agreement and any written modifications to this Agreement and signed by both CONSULTANT and CLIENT. Signing this form shall be construed as authorization by CLIENT for CONSULTANT to proceed with the services, unless otherwise provided for in the Agreement. Z, CONSULTANT'S Direct expenses shall be those costs incurred on or directly for the CLIENT'S project. Direct expenses shall be billed in accordance with the fee schedule attached to this Agreement. 3, Construction cost estimates provided by CONSULTANT will be prepared on a basis of experience and judgment, but since CONSULTANT has no control over market conditions or bidding procedures, CONSULTANT cannot warrant that bids or ultimate construction costs will not vary from these cost estimates, CONSULTANT shall be responsible, to the level of competency presently maintained by other practicing professional engineers providing the same type of services in CLIENT'S community, for the professional and technical soundness, accuracy and adequacy of all designs, drawings, specifications, and other services and materials furnished under this Agreement. CONSULTANT makes no other warranty, express or implied. 5, All reports, PS&E materials, and other data, furnished to the CONSULTANT by the CLIENT shall be retumed. All designs, drawings, specifications, and other work products prepared by the CONSULTANT prior to completion or termination of this Agreement are instruments of service for this project and are property of the CLIENT. Reuse by the CLIENT or by others acting through or on behalf of' the CLIENT of any such instruments of service, not occurring as a part of this project, shall be without liability or legal exposure to the CONSULTANT. 5. Limitation of Liability. CLIENT agrees to require CONSULTANT be named as an additional insured for all insurance policies carried by contractors, subcontractors, and suppliers on which CLIENT has been or will be named as an additional insured. Regardless of the presence or absence of insurance coverage, CONSULTANT shall not be liable for loss or damage occasioned by delays beyond CONSULTANT's control, or for loss of earnings, loss of use, or other incidental or consequential damages suffered by CLIENT or others, however caused. CONSULTANT's liability to CLIENT shall be limited as follows: (a) for insured liabilities, to the amount of insurance then available to fund any settlement, award or verdict; (b) for uninsured liabilities, to 50 percent (50%) of the fee earned by CONSULTANT under this Agreement. This Limitation of Liability was negotiated by CLIENT and CONSULTANT. CLIENT expressly agrees to this Limitation of Liability. 7, Either CLIENT or CONSULTANT may terminate this Agreement by giving 30 days written notice to the other party. In such event, CLIENT shall forthwith pay CONSULTANT in full for all services previously authorized and performed prior to the effective date of termination. If no notice of termination is given, relationships and obligations created by this Agreement shall be terminated upon completion of all applicable requirements of this Agreement. 8 In the event legal action is brought by CLIENT or CONSULTANT against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terns and conditions hereby created, each party shall be responsible for their own legal fees and costs. The venue of any legal action shall be Yakima County, Washington. Monthly invoices will be issued by CONSULTANT for all services performed under the terms of this Agreement. Invoices are due and payable upon receipt. Such payment shall be full compensation for work performed or services rendered and for all Tabor, materials, supplies, equipment, and incidentals necessary to complete the work specified in the "Scope of Work". 10, Washington State Sales Tax, if required by law, is not included in the total price and will be an additional charge. Page 3 Y:\Contract Administration \Contracts\Yakima \20200227_FEMA Grant Assistance\20200227_Yakima FEMA Asst Agmt_l0-12-2020.docx PE TEET PERTEET, C. Schedule of 2020 illin Rates Erininecring Principal Senior Associate Senior Engineer/Manager Lead Engineer/Manager Engineer III Engineer II Engineer I Senior Planner/Manager/Cultural Resources Manager Lead Planner/Manager Cultural Resources Specialist 111 Cultural Resources Specialist II Cultural Resources Specialist 1 Planner III Planner II Planner I vEnvironmental Classifications Senior Ecologist/Manager Lead Ecologist/Manager Ecologist 111 Ecologist II i cologist I. _... Lead Technician/Designer Technician III Technician II Technician I Contract Administrator Accountant Graphics Specialist Clerical Emergency Response Rate (immediate response following event) Expert Witness Rates: Consulting & Preparation Time Court Proceedings & Depositions (4 hour minimum) VA( ontract Admin ontContractslYakin 2020 Hourly Rate 250.00 215,00 200.00 170,00 140.00 130.00 110,00 170.00 140.00 120.00 115.00 85.00 130.00 120.00 80.00 165.00 150.00 125.00 105.00 85.00 130.00 110,00 85.00 75.00 105.00 100.00 95.00 90.00 @ 1.5 times hourly rates @ standard hourly rates @ 1.5 times hourly rates Page 4 20200227_FEMA Grant Assistance\20200227_Yakima FE.MA Assl Agmt_10-12-2020.doc\ PERTEET PERTEET, INC. Schedule of 2020 Billing Rates Page 2 Direct Expenses Rate Living & travel expenses outside of service area Cost plus 10 percent Authorized Subconsultants Cost plus 10 percent Outside Services (printing, traffic counts, etc.) Cost plus 10 percent CADD Station $10.00 per hour Project Controls / Primavera $10.00 per hour GIS / Traffic Modeling $15.00 per hour Color Copies $.80 each Mileage @ current federal rate Construction Classifications Construction Supervisor Construction Engineering Manager Senior Construction Manager Construction Manager Assistant Construction Manager 2020 Hourly Rate 220.00 190.00 150.00 125.00 125.00 Construction Engineer Ill 140.00 Construction Engineer II 120.00 Construction En ii eerl 1 10.00 Senior Electrical Construction Observer 175.00 Senior Construction Observer 150.00 Construction Observer III 130.00 Construction Observer II 90,00 Construction Observer I 80.00 Senior Construction Technician Construction Technician Ill Construction Technician II Construction Technician I 125.00 115.00 95.00 85.00 Page 5 Y \Contract Administration \Contracts\Yak ima\20200227_FEMA Grant Ass islance \20200227_Yakima FEMA Asst Agmt_10-12-2020,docx