HomeMy WebLinkAboutPerteet, Inc. - Consulting Agreement for Professional Services PE RTE ET
CONSULTANT AGREEMENT
FOR PROFESSIONAL SERVICES
This Consultant Agreement for Professional Services ("Agreement") is made and entered into on
this ?3 rd of 3& Uccri l ,2020,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 2020 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 Sixty-Nine
Thousand Eight Hundred Sixty-Seven and no/100 Dollars ($69,867.00), 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 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
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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 CLIENT 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,CONSULTANT 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."
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(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 insuredshall 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 preminms 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: a/..in)
gnature Signature
Crystal L. Donner Alex Me off
Name Name(Please Print)
President City Manager
Title Title
CITY CONTRACT NO: -O —015
RESOLUTION NO:
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Exhibit A
City of Yakima 2020 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, 2020.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 second phase of an anticipated 3
phase project to be conducted in 2019,2020, and 2021. Phase 2 includes Water,Irrigation,Wastewater,
Stormwater,Refuse and Transit. This phase includes the addition of the following divisions; 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 2020.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 and Team Charter
• Provide one exercise of the 2019 Public Works Emergency Coordination Center Manual
• Continuity of Operations Planning—Business Impact Analysis for those departments and
divisions not yet completed.
• Assist Public Works in identifying mitigation strategies and projects as required during scheduled
update to Yakima Regional Hazard Mitigation Plan update
• 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 $1,800
Task 2—Preparedness Planning Services
2.1 - Primary—Public Works Emergency Coordination Center-Training
• Assist in the development of a Public Works Department Emergency Preparedness Team.The
Preparedness Team.is-expected 10 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 for those divisions not previously involved.
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Assumptions:
• CITY will provide staff resources to assist in the planning process.
• CONSULTANT will attend monthly project meetings,prepare agendas and facilitate discussion.
Deliverables:
• Exercise Plans
• Training materials
2.2-Continuity of Operations Plan
• 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.
Deliverables:
• COOP Business Impact Analysis for Phase 2 Divisions
23—Development of Public Works mitigation strategies and projects
• Using required format,prepare all documents for the CITY Public Works Department as
necessary to meet the requirements of the planned update to the Yakima Valley Regional Hazard
Mitigation Plan—City of Yakima Annex.
Deliverables:
• In approved document format,prepare Public Works mitigation sldtegies and projects for
inclusion into City of Yakima Annex in Regional Hazard Mitigation Plan Update in 2020.
2.4—Develop CEMP Incident Annex-Disaster Debris Management Plan
• Work with the project team to develop an Incident Annex—Disaster Debris Management Plan to
be reviewed and approved by Washington State Emergency Management Division and
acknowledged by FEMA.
Deliverables
• Incident Annex—Disaster Debris Management Plan
Cost for Task 2 $67,545
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FEE ESTIMATE
PERTEET
Period Yakima PsddiWlsrks ZSZOPtepacredneza Serapes Contract Stet Date 1A42020 Last Update:We 10:2t21118
Out Cib►of'Yeitirne Contract ssd Date 12BI/2020 Petted Project No. 20190312000
PM Rd;Ho6ns: CordreetWa6ots 11 Months
Sr. Lead Rune II Aaoaaderdd Tet 1 Wu Mike
Aaaodate RcmerMen Naas
INF
Tests Rda $ZOU0 $125110 maw SKID
Plaint Nermanere 6.00 6.00 1200 $1,8C0.00
Tam Praieet Mat nerd 6A0 1190 0.00 6.04 12.00 $li00.00
Preparedness PlEarine Service' 189.Di1 120.08 120.00 429.00 $67.545.00
TetaPreparedeae Planing Serriaa 1M00 17401 120.00 0.00 428.00 f07.515.00
Enpesea
Tat"!EVER= 0.00 0.00 0.00 Q00 0.00 Sf.00
Told Waco 155,CO MSS 120.00 6.00 441.00
Told Dare 9,9 $15 O.00 SIS.S00.00 $S70.00 A69.3115OO
xpencas
Mileage-$.58 522
Tota>a 522
SUMMARY
Loot *69,345.00
Expense" t52200
Subecredbuts 110.00
CONTRACT TOTAL MAW.00
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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.
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 or appointed officials,
agents,officers,employees,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 elected or appointed officials,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 workmen'compensation acts,disability benefit acts,or other employee
benefit acts.
I "
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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, each
party shall pay its own fees,costs and expenses as may be set by the court. The venue of any legal action shall
be Yakima 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.
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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 II 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 I 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
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PERTEET,INC.
Schedule of 2019 Billing Rates
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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
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