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HomeMy WebLinkAboutPereet, Inc. - Consultant Agreement for Professional Services r PERTEET CONSULTANT AGREEMENT FOR PROFESSIONAL SERVICES This Consultant Agreement for Professional Services ("Agreement") is made and entered into on this 29th of January , 2019, 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 City of Yakima's 2019 Emergency Preparedness Planning 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 Thirty- Four Thousand Nine Hundred Seventy-Six and no/100 Dollars ($34,976.00), as shown in Exhibit "A". 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,providedto 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 l Y:\Contract Administation\Contracts\Yakima\20180143_2019 Yakima Emergency Preparedness Agmt_1-16-I9.docx "p 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. (I) 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." E i Page 2 Y:\Contract Administration\Contracts\Yakima\20180143_2019 Yakima Emergency Preparedness Agmt_I-16-19.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 CLIENTs 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. CITY OF YAKIMA By: By: /v Signature Signature Crystal L. Donner CAS ff b► e, Name Name(Please Print) President C. i1VI6116( Title Tit� CITY CONTRACT NO: 1 Q 1 qr�� 1 RESOLUTION NO: ( '!t Page 3 Y:\Contract Administration\Contracts\Yakima\20180143_2019 Yakima Emergency Preparedness Agmt_1-16-19.docx r PERTEET Exhibit A City of Yakima 2019 Preparedness Services PROJECT UNDERSTANDING Perteet has been requested to provide consultant support associated with the City of Yakima Public Works Department(CITY)Preparedness Services through December 31, 2019. The CITY has identified gaps in their current emergency preparedness planning and desires support to implement planning and programmatic actions consistent with industry standards. This in the first phase of an anticipated 3 phase project to be conducted in 2019, 2020, and 2021. Phase 1 includes Water, Irrigation, Wastewater, Stormwater, Refuse and Transit. Future phases will include Streets, Traffic, Engineering, Parks and Public Works Administration. GENERAL SCOPE OF WORK Perteet has been requested to provide a scope of work, fee, and schedule to assist the CITY with its emergency preparedness efforts in 2019. Perteet's work will be consistent with industry best practices,the Incident Command System, FEMA Comprehensive Planning Guide 101 (CPG 101), 2018 Continuity Guidance Circular, and the standards of care in the National Fire Protection Association 1600 (NFPA 1600) and include the following activities: • Assist in development of a Public Works Emergency Preparedness Team • Prepare Public Works Emergency Coordination Center Manual • Continuity of Operations Planning(as allowed by budget) • Attend Emergency Preparedness Team meetings as scheduled • Additional planning or program development tasks as assigned by the City Project Manager DETAILED SCOPE OF WORK Task 1 —Project Management • Prepare Monthly Project Reports for billing to include project status and budget reports Cost for Task 1 $880.00 Task 2—Preparedness Planning Services 2.1 -Primary—Public_Works,Emergency Coordination Center • Assist in thedevelopmentiof a Public Works Department Emergency Preparedness Team. The Preparedness Team is expected to include representation from each division within the department and meet monthly throughout the duration of the project. • Assist in the development of a Public Works Emergency Coordination Center Manual. • Support training activities related to the manual. Page 4 Y:\Contract Administration\Contracts\Yakitna\20180143 2019 Yakima Emergency Preparedness Agmt_l-16-19.docx PERTEET Assumptions: • CITY will provide staff resources to assist in the planning process. Deliverables: • Public Works Emergency Coordination Center Manual • Training materials 2.2 -Secondary—Continuity of Operations Plan (as allowed by budget) • Assist the CITY in the development a Continuity of Operations Plan(COOP)base plan following the 2018 Continuity Guidance Circular and using the 2018 non-federal continuity plan template. Work will be accomplished as allowed by the project budget. Deliverables: • COOP components as allowed by the project budget • Cost for Task 2 $33,690.00 BUDGET AND FEE PERTEET PnttO Yenta PigsMb1q 2011)Rwn1®Onto Gant 6M Om 31 18 10010dees0m mums 0/e t 00 terMfis 0,100 0010ael V310720 Pwp Flare t► 20T7010000 is, Mt Meknes Corrae0lraetre tOteethe 04. Pgrntrp A1Geaese Tent 7ae0IX1kt AmOttYt lease Teri 9101811am 870800 t12A0R n00 P0140010,000 400 406 800 00107 TegtPlrytel___aeent_ _ 000_ 407 407 800. =CC RlpeeelesaRrtOpaevkw 11000 7000 19400 $ 08000 T4tllPswersOnost PYl.03Be* 11807 7000 000 19400 101127000 75perset TC40 77010100 - 000 -000 000 000- - 0700 Woman 11800 70 400 70800 T0.4100» 404.191070 it0 oo 030000 0*037000 0,00,440 Weep•85! too Tate 404 Lew 111401100 0.744,044 MAW 0.0earuean 7000 CONTRACT TOTAL C0407000 o75.7E20CHOLME01• Page t ar2 Page 5 Y:\Contract Administration\Contracts\Yakima\20 180143_20 1 9 Yakima Emergency Preparedness Agmt_1-16-19.docx 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. Indemnification. (a) CONSULTANT 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 CONSULTANT's performance under this Agreement. In the event that any lien is placed upon the City's property or any of the City's officers, employees or agents as a result of the negligence or willful misconduct of the CONSULTANT, the CONSULTANT shall at once cause the same to be dissolved and discharged by giving bond or otherwise. (b) CITY agrees to indemnify and hold the CONSULTANT 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 service. (c) If the negligence or willful misconduct of both the CONSULTANT 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 CONSULTANT 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. In any and all claims by an employee of the CONSULTANT,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 CONSULTANT or a subcontractor under workers'or workmens'compensation acts,disability benefit acts,or other employee benefit acts. Page 6 Y:\Contract Administration\Contracts\Yakima\20180I43_2019 Yakima Emergency Preparedness Agmt_I-16-19.docx PERTEET 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 7 Y:\Contract Administration\ContractsWakima120 180 143_2019 Yakima Emergency Preparedness Agmt_1-16-19.docx ' PERTEET PERTEET,INC. Schedule of 2019 Billing Rates Engineering, Planning and Environmental Classifications 2019 Hourly Rate Principal 240.00 Senior Associate 205.00 Senior Engineer/Manager 190.00 Lead Engineer/Manager 165.00 Specifications Writer 165.00 Engineer III 135.00 Engineer II 125.00 Engineer I 105.00 Senior Planner/Manager/Cultural Resources Manager 165.00 Lead Planner/Manager 140.00 Cultural Resources Specialist III 120.00 Cultural Resources Specialist II 110.00 Cultural Resources Specialist I 85.00 Planner III 125.00 Planner 11 115.00 Planner I 80.00 Senior Ecologist/Manager 160.00 Lead Ecologist/Manager 145.00 Ecologist III 120.00 Ecologist II 100.00 Ecologist I 80.00 Lead Technician/Designer 125.00 Technician III 105.00 Technician II 80.00 Technician 1 70.00 Contract Administrator 100.00 Accountant 95.00 Graphics Specialist 90.00 Clerical 85.00 Expert Witness Rates: Consulting&Preparation Time @ standard hourly rates Court Proceedings &Depositions(4 hour minimum) @ 1.5 times hourly rates Page 8 Y:\Contract Administration\Contracts\Yakima\20180143_2019 Yakima Emergency Preparedness Agmt_t-16-19.docx PERTEET PERTEET,INC. Schedule of 2019 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 2019 Hourly Rate Construction Supervisor 210.00 Construction Engineering Manager 180.00 Senior Construction Manager 140.00 Construction Manager 120.00 Assistant Construction Manager 120.00 Construction Engineer III 130.00 Construction Engineer II 115.00 Construction Engineer I 100.00 Senior Construction Observer 140.00 Construction Observer III 120.00 Construction Observer II 80.00 Construction Observer I 70.00 Senior Construction Technician 120.00 Construction Technician III 110.00 Construction Technician II 90.00 Construction Technician I 80.00 Page 9 Y:\Contract Administration\Contracts\Yakima\20180143_2019 Yakima Emergency Preparedness Agmt_1-16-19.docx