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HomeMy WebLinkAboutPerteet, Inc. - Public Works Emergency Response Plan ScopingPERTEET CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES This Consultant Agreement for Professional Services ("Agreement") is made and entered into on 2 this 3 `' of f'VLet L_ , 2018, between City of Yakima, 129 N. 2nd 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 Public Works Emergency Response Plan Scoping 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 basis to a maximum amount payable of Nine Thousand Nine Hundred Fifty -Nine and no/100 Dollars ($9,959.00), as shown in Exhibit "B". 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: 1. Inspection and Production of Records. a. The records relating to the WORK shall, at all times, be subject to inspection by and with the approval of the CLIENT, but the making of (or failure or delay in making) such inspection or approval shall not relieve CONSULTANT of responsibility for performance of the work in accordance with this Agreement, notwithstanding the CLIENT's knowledge of defective or non -complying performance, its substantiality or the ease of its discovery. CONSULTANT shall provide the CLIENT sufficient, safe, and proper facilities and equipment for such inspection and free access to such facilities. CONSULTANT's records relating to the work will be provided to the CLIENT upon the CLIENT's request. b. CONSULTANT shall promptly furnish the CLIENT with such information and records which are related to this Agreement as may be requested by the CLIENT. Until the expiration of six (6) years after final payment of the compensation payable under this Agreement, or for a longer period if required by law or by the Washington State Secretary of State's record retention schedule, CONSULTANT shall retain and provide the CLIENT access to (and the CLIENT Page 1 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-1-18.docx PERTEET shall have the right to examine, audit, and copy) all of CONSULTANT's books, documents, papers and records which are related to the work performed by CONSULTANT under this Agreement. c. All records relating to CONSULTANT's work under this Agreement must be made available to the CLIENT, and also produced to third parties, if required pursuant to the Washington Public Records Act, Chapter 42.56 RCW or by law. All records relating to CONSULTANT's work under this Agreement must be retained by CONSULTANT for the minimum period of time required pursuant to the Washington State Secretary of State's record retention schedule. 2. Insurance At all times during performance of the services, CONSULTANT shall secure and maintain in effect insurance to protect the CLIENT and the CONSULTANT from and against all claims, damages, losses, and expenses arising out of or resulting from the performance of this Agreement. CONSULTANT shall provide and maintain in force insurance in limits no less than that stated below, as applicable. The CLIENT reserves the rights to require higher limits should it deem it necessary in the best interest of the public. If CONSULTANT carries higher coverage limits than the limits stated below, such higher limits shall be shown on the Certificate of Insurance and Endorsements and ENGINEER shall be named as an additional insured for such higher limits. a. Commercial General Liability Insurance. Before this Agreement is fully executed by the parties, CONSULTANT shall provide the CLIENT 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 Agreement. The policy shall name the CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CLIENT 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. Subcontractors: If subcontractors will be used, the same terms and limits of coverage will apply and a certificate will be required per the instructions above. In lieu of a certificate, contractor may provide confirmation in writing from their insurance broker that their insurance policy does not contain a subcontract exclusion or one relating to the work of others. b. Commercial Automobile Liability Insurance. (1) If CONSULTANT owns any vehicles, before this Agreement is fully executed by the parties, CONSUTLANT shall provide the CLIENT 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. (2) If CONSULTANT 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 Agreement, which is entitled "Commercial General Liability Insurance." Page 2 Y:\Contract Administration \Contracts\Yakima \Public Works Emergency Planning Agmt_3- I - I 8.docx PERTEET (3) Under either situation described above 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 Agreement. The policy shall name the CLIENT, its elected officials, officers, agents, employees, and volunteers as additional insureds. The insured shall not cancel or change the insurance without first giving the CLIENT 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. c. Statutory workers' compensation and employer's liability insurance as required by state law. d. Professional Liability Coverage. Before this Agreement is fully executed by the parties, CONSULTANT shall provide the CLIENT 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 Agreement. The insured shall not cancel or change the insurance without first giving the CLIENT 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 AGREEMENT. Failure of either or all of the additional insureds to report a claim under such insurance shall not prejudice the rights of the CLIENT, its officers, employees, agents, and representatives there under. The CLIENT and the CLIENT'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 CLIENT until thirty (30) days after written notice to the CLIENT of such intended cancellation, expiration or change. PERTEET, INC. Crystal L. Donner Name President Title CITY OF YAKIMA By: Signature .ti Name (Please Print) 0.-LLIL D cLa€y Title CITY CONTRACT NO: o� -o RESOLUTION NO: Yl 16 Page 3 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-1-18.docx PERTEET Exhibit "A" Scope of Services Prepared by Perteet, Inc. City of Yakima Public Works Emergency Response Plan Scoping INTRODUCTION The City of Yakima Public Works Department desires to develop a departmental Emergency Response Plan consistent with the FEMA Comprehensive Planning Guidelines, Version 2.0. This guide integrates key concepts from national preparedness policies and doctrines, as well as lessons learned from disasters, major incidents, national assessments, and grant programs. This assessment effort is intended to develop a scoping document and project estimate for a larger planning effort in FY 2019. The City is prone to natural disasters of all types and the Public Works Department is a responsible agency in multiple Emergency Support Functions within the City's Comprehensive Emergency Response Plan, and also serves as a support agency department. Special considerations for this project include coordination with a large number of project stakeholders and the Whole Community. SCOPE OF SERVICES Work Element 1— Preparedness Planning Services The intent of this work element is to provide the overall project management and emergency response plan scoping document. As the first order of work, the Consultant will schedule a kickoff meeting and develop a project team to coordinate development of the future scope outline. A draft of the project work plan will be handed out to the project team and the City of Yakima at the kickoff meeting. Tasks: 1.1 Facilitate project meetings. 1.2 Prepare project work plan and final scoping document. Assumptions: • The project kickoff meeting will be held at the City of Yakima's offices. • The project will be completed in approximately ten (10) months. • A maximum of three (3) project planning meetings will be held. Deliverables: • Kickoff meeting agenda and minutes • Work plan and schedule (PDF) • Final scoping document and cost estimate in approved format. Budget - $9,959 NTE Page 4 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-1-18.docx PERTEET Exhibit "B" Project Services of eY� Pubic Worms • Emergency Planning Contract Stan Date 31&2018 Last Update date 9/1/2018 Mord City of Yakima PM IQ* Holmes Contract End Date 12/2812018 Contract Walton: 9 Months Task B89ng Rats Sr. Aseodats Panner 0 Accountant Toted Hours Labor Dollars 9200.00 *110.00 *90.00 Project Management 3.00 6.00 9.00 $870.00 Emergency Planning Servkes 35.00 18.00 53.00 $8,980.00 Vial Erinsipat%yPieniilrip'Setvbed" ": xs ax tit;,° a 7a xr�a x ,r .. a t *:;' 35.00.# 18x00 dgar ;_ ` � t Y `0.00 o-; 63.00 43 V Pr$8,980.00 , •; 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. 1. Signing this form shall be construed as authorization by CLIENT for CONSULTANT to proceed with the services, unless otherwise provided for in the Agreement. 2. 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. 4. 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 returned. 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. 6. 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 terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. The venue of any legal action shall be Snohomish County, Washington. 9. 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 labor, 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 6 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-1-18.docx PERTEET PERTEET, INC. Schedule of 2018 Billing Rates Engineering, Planning and Environmental Classifications Principal Senior Associate 2018 Hourly Rate 240.00 200.00 Senior Engineer/Manager Lead Engineer/Manager Specifications Writer Engineer III Engineer II Engineer I 180.00 160.00 160.00 130.00 120.00 100.00 Senior Planner/Manager Lead Planner/Manager Program Support Specialist III Program Support Specialist II Program Support Specialist I Planner III Planner II Planner I 160.00 140.00 120.00 110.00 80.00 120.00 110.00 80.00 Senior Ecologist/Manager Lead Ecologist/Manager Ecologist III Ecologist II Ecologist I 160.00 140.00 120.00 100.00 80.00 Lead Technician/Designer Technician III Technician II Technician I 120.00 100.00 80.00 70.00 Contract Administrator Accountant Graphics Specialist 100.00 90.00 90.00 Clerical 80.00 Expert Witness Rates: Consulting & Preparation Time Court Proceedings & Depositions (4 hour minimum) @ standard hourly rates @ 1.5 times hourly rates Page 7 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-1-18.docx p PERTEET PERTEET, INC. Schedule of 2018 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 Engineering Supervisor Construction Engineering Manager Construction Manager Assistant Construction Manager 2018 Hourly Rate 180.00 170.00 120.00 120.00 Construction Engineer III Construction Engineer II Construction Engineer I 130.00 110.00 100.00 Senior Construction Observer Construction Observer II Construction Observer I 120.00 ' 80.00 70.00 Senior Construction Technician Construction Technician III Construction Technician II Construction Technician I 110.00 100.00 90.00 80.00 Page 8 Y:\Contract Administration\Contracts\Yakima\Public Works Emergency Planning Agmt_3-I -I 8.docx City of Yakima Public Works Contract Supplemental Agreement Supplemental Agreement Number: 1 Organization and Address: Perteet, Inc. 2707 Colby Ave, Suite 900 Everett, WA 98201 Original Contract Number: 2018-060 Execution Date of Supplement: August 15, 2018 City Engineering Project Number: Completion Date of Supplement: January 28, 2018 (No change) Project Title: Public Works Emergency Response Plan Scoping Maximum Amount Payable this Supplement: $3,500 Maximum Total Amount Payable for the Agreement: $13,459 Section 1: Supplemental Agreement The City of Yakima, Washington desires to supplement the contract agreement entered into with Perteet, Inc., and executed on March 23, 2018, identified as Contract 2018-060. All provisions in the basic contract remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2: Scope of Services The additional task to be performed as part of this Supplemental Contract is to research data to inform additional scoping of an Incident Annex Flood Evacuation Pian as detailed in Exhibit A. Section 5: Compensation Payment for this supplemented work is not to exceed $3,500, bringing the total amount of the Agreement to $13,459. If you concur with this supplement and agree to the changes as stated above, please sign the appropriate spaces below and return to this office for final action. By: Ge, `JAZ L • D _ n! E� CeA It Signature By: eA V1(iee)-e_ City Manager �( Date CITY CONTRACT NO: 20/11-.1°470 Swp I RESOLUTION NO: h /4• EXHIBIT A Scope of Work Public Works Emergency Response Plan Scoping City of Yakima Supplemental Services PROJECT UNDERSTANDING This supplement is intended to assist the City to develop an Incident Specific Annex relative to Emergency Flood Evacuations per the National Flood Insurance Program and FEMA Guidelines. The City is prone to natural disasters of all types and the Public Works Department is a responsible support agency in Emergency Support Function 16 — Evacuations and Movement within the City's Comprehensive Emergency Response Plan. Special considerations for this project include coordination with stakeholders and the Whole Community. SUPPLEMENTAL TASKS: Task 2 - Preparedness Planning Services This additional work element is supplemental the original contract item Task 2 and will provide for additional project management and scoping of emergency flood Incident Annex. The CONSULATANT will schedule a kickoff meeting and develop a project team to coordinate development of the necessary area evacuation plans to ensure levee eligibility within the requirements of the National Floodplain Insurance Program and FEMA guidelines. • Facilitate project meetings. • Prepare project work plan and draft Incident Specific Annex. Assumptions: • The project kickoff meeting will be held at the City of Yakima's offices. • A maximum of three (3) project planning meetings will be held. Deliverables: • Kickoff meeting agenda and minutes • Work plan and schedule in email form • Draft Incident Annex outline Budget for Additional Services - $3,500 NTE