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HomeMy WebLinkAboutTetra Tech Inc AG-C-396 - Closed 12/30/2010 AGREEMENT FOR PROFESSIONAL SERVICES AG-C-396 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and TETRA TECH INC. whose address is 1420 5th Avenue, Suite 600, Seattle, WA 98101-2357 hereinafter referred to as "CONSULTANT." In consideration of the covenants and conditions of this Agreement, the parties hereby agree as follows: 1. SCOPE OF WORK. See Exhibit A, which is attached hereto and by this reference made a part of this Agreement. 2. TERM. The CONSULTANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31, 2010 and can be amended by both parties for succeeding years. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSATION. Compensation will be on a time and material basis, not to exceed $15,000. Costs will be based on Exhibit B, which is attached hereto and by this reference made a part of this Agreement. Agreement for Professional Services AG-C-396 September 8, 2010 Page 1 of 14 The CONSULTANT shall be paid by the CITY for direct non-salary cost, per attached Exhibit B, at the actual cost to the CONSULTANT plus 10%. Exhibit B is attached hereto and by this reference made a part of this Agreement. These charges may include, but are not limited to the following items: outside reproduction fees, courier fees, subconsultant fees, and materials and supplies. The billing for non-salary cost, directly identifiable with the project, shall be submitted as an itemized listing of charges supported by copies of the original bills, invoices, expense accounts and miscellaneous supporting data retained by the CONSULTANT. Copies of the original, supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for the services provided under the Agreement. In the event services are required beyond those specified in the Scope of Work, and not included in the compensation listed in this Agreement, a contract modification shall be negotiated and.approved by the CITY prior to any effort being expended on such services. 4. SUBCONTRACTING. The CITY permits subcontracts for those items of work necessary for the completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY and subcontractor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as Agreement for Professional Services AG-C-396 September 8, 2010 Page 2 of 14 outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBILITY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSULTANT under this Agreement. The CONSULTANT shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its plans, designs, drawings, specifications, reports and other services required. The CONSULTANT shall perform its services to conform to generally-accepted professional engineering standards and the requirements of the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement to the full extent of the law. 6. INDEMNIFICATION/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. Agreement for Professional Services AG-C-396 September 8, 2010 Page 3 of 14 7. INDEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach to the CITY by reason of entering into this Agreement except as otherwise provided herein. The parties agree that this Agreement may not be assigned in whole or in part without the written consent of the CITY. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. CONSULTANT shall obtain insurance of the types and in the amounts described below: a. Automobile Liability insurance covering all owned; non-owned, hired and leased vehicles, with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, Agreement for Professional Services AG-C-396 September 8, 2010 Page 4 of 14 independent contractors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insurance policy with respect to the work performed for the CITY using the applicable ISO Additional Insured endorsement or equivalent. c. Worker's Compensation coverage as required by the Industrial Insurance laws of the State of Washington. If the consultant is a sole proprietor, the parties agree that Industrial Insurance would be required if the CONSULTANT had employees. However, the parties agree that a CONSULTANT who has no employees would not be required to have Worker's Compensation coverage. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial General Liability insurance: a. The CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY. Any insurance, self insurance, or insurance pool coverage maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. Agreement for Professional Services AG-C-396 September 8, 2010 Page 5 of 14 All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insurance and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. The CITY reserves the right to require that complete, certified copies of all required insurance policies be submitted to the CITY at any time. The CITY will pay no progress payments under Section 3 until the CONSULTANT has fully complied with this section. 9. NONDISCRIMINATION. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or other arrangements on the grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of any sensory, mental or physical handicap. 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, records, books, specifications, reports, estimates, summaries and such other information and materials as the CONSULTANT may have accumulated, prepared or obtained as part of providing services under the terms of this Agreement by the CONSULTANT, shall belong to and shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to maintain all books and records relating to its operation and concerning this Agreement for a period of six (6) years following the date that this Agreement is expired or otherwise terminated. The CONSULTANT further agrees that the CITY may inspect any and all documents held by Agreement for Professional Services AG-C-396 September S, 2010 Page 6 of 14 the CONSULTANT and relating to this Agreement upon good cause at any reasonable time within the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S request, the originals of all drawings, documents, and items specified in this Section and information compiled in providing services to the CITY under the terms of this Agreement. 11. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, AND OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph "(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. Agreement for Professional Services AG-C-396 September S, 2010 Page 7 of 14 Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.. 12. TERMINATION OF AGREEMENT. I This Agreement may be terminated by either party upon twenty (20) days written notice to the other party, and based upon any cause. In the event of termination due to the fault of other(s) than the-CONSULTANT, the CONSULTANT shall be paid by the CITY for services performed to the'date.of termination. Upon receipt of a termination notice under the above paragraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed. by the written notice, and (2) deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as the CONSULTANT may have accumulated,. prepared or obtained in performing this Agreement, whether completed or in process. 13. GENERAL PROVISIONS. 13.1. This Agreement shall be governed,by the. laws, regulations and ordinances of the City of Auburn, the State of Washington, King County, and where applicable, Federal laws. 13.2. All claims, disputes and other matters in question arising out of, or relating to, this Agreement or the breach. hereof, except with respect to claims which have been waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final-decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In. the event that any dispute or conflict arises between the parties while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding such Agreement for Professional Services AG-C-396 September8, 2010 Page 8 of 14 dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned duties and responsibilities. 13.4. The CITY and the CONSULTANT respectively. bind themselves, their partners, _successors-, assigns, and legal representatives to the other party to this Agreement with respect to all covenants to this Agreement. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior. negotiations; representations or agreements either oral or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs,of enforcement including reasonable attorneys fees and expenses and court costs shall be paid to the substantially prevailing party. 13.7. The CONSULTANT agrees,to comply with all local, state and federal laws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement-is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Rob Flaner on behalf of the - CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any written notices required by the terms of this Agreement shall be served on or mailed to the following addresses: City of Auburn Tetra Tech Attn: Tim Carlaw Attn: Rob Flaner 25 W Main Street 90 South Blackwood Avenue Auburn WA 98001 Eagle, ID 83616 Phone: 253.804.5060 Phone: 208.939.4391 Fax: 253: 931.5053 Fax: 208:939.4402 E-mail: Tcarlaw@auburnwa.gov E-mail: Rob. Flaner@tetratech.com Agreement for Professional Services AG-C-396 September 8, 2010 Page 9 of 14 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or deposited in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certified mail, return receipt requested, and addressed to the address for the party set forth in 13.9 or if to such other person designated by a party to receive such notice. It is provided, however, that mailing such notices or communications by certified mail, return receipt requested is an option, not a requirement, unless specifically demanded or otherwise agreed. Any party may change his, her, or its address by giving notice in writing, stating his, her, or its new address, to any other party, all pursuant to the procedure set forth in this section of the Agreement. 13.11. This Agreement may be executed in multiple counterparts, each of which shall be one and the same Agreement and shall become effective when one or more counterparts have been signed by each of the parties and delivered to the other party. Agreement for Professional Services AG-C-396 September 8, 2010 Page 10 of 14 ITY OF RN i Peter B. Lewis, Mayor Date cpp 9 1 2010 ATTEST: kac~, Danielle E. Daskam, City Clerk APPR ED AS TO FORM: anie B. d, A o ey TETRA TECH /4%M, INC. BY: _77-i?J& Title: V1' Er~inc~~,'v~ sar V i e? Federal Tax ID # g5'4114851y Agreement for Professional Services AG-C-396 September 8, 2010 Page 11 of 14 EXHIBIT A SCOPE OF WORT( For The City. of Auburn-, WA Community Rating System Re-Verification Summary The National Flood , Insurance Program's (NFIP) Community Rating System (CRS) is a voluntary incentive, program that recognizes and encourages - community floodplain management. activities that .exceed the :minimum NFIP requirements. As a 'result, flood insurance premium rates are discounted--,to reflect the reduced flood ,risk resulting from the community actions meeting the three goals of the. CRS: (1) reduce flood losses;; (2) facilitate accurate insurance rating; and (3) promote the awareness of flood insurance. For CRS participating communities, flood insurance premium rates are discounted in increments of 5%; i.e., -a. Class 1 community would receive a 45% premium discount, while a Class.:9 community. Would receive a 5% discount (a Class, 10 is not participating in the CRS and receives no discount). The CRS classes for local communities. are based on 18' creditable activities, organized under four categories: (i) Public Information, (ii) Mapping -and'Regulations, (iii) Flood Damage. Reduction, and (iv) Flood Preparedness. Tetra Tech, Inc., a. Consultant for planning, applied. sciences and ..environmental services provides all levels of assistance -to entities needing. guidance in today's regulatory environment. Tetra Tech 's background has allowed them to develop and nurture long term relationships with Federal, State and local clientele, who have' utilized their expertise to guide their decision making process. Tetra.Tech (CONSULTANT) has a thorough understanding of FE MA's Hazard Mitigation initiatives such as the DMA, PDM and CRS programs. (A summary of qualifications of the principle Tetra Tech personnel that will provide the services identified in this scope can be found in Exhibit 81) Technical Consulting services included in this scope of work are intended to provide assistance to the City of Auburn; WA to prepare and submit the re-verification package for the Community Rating System (CRS). -Specifically, services. conducted under. this scope. are,' to evaluate Auburn's floodplain management and flood hazard reduction program using,,CRS methodology and develop-'specific implementation-steps and recommendations needed to ensure compliance .with CRS application prerequisites and activity credit criteria., The principle. objective of this project is to obtain the highest possible CRS Classification based on existing programs being implemented within Auburn and-King County. Consultant will. also make recommendations on possible program enhancements that may result in higher 'CRS classifications. Consultant will also-prepare 'the complete CRS verification. -package to be. presented to ISO. (FEMA's CRS Contractor) during itsreview to be completed after'submission of the application. Consultant will participate in this review along with appropriate City Staff. Anticipated Duration: Exhibit B Agreement No. AG-C-xxx Page 1 of 1 This project is expected to take place between September 2010 and December 2010. ask 1.0: Review of Auburn's flood lain mana ement ro ram. CONSULTANT will conduct a thorough review of the current floodplain management program in effect for Auburn, and will include a scoring evaluation in accordance with the 2007 Community Rating System (CRS) Coordinator's Manual (FIA/15-2007). Consultant will review all aspects of this program and make recommendations on any potential new creditable activities according to changes in the 2006 CRS Coordinators Manual that may have a positive impact on the overall CRS score. This task will also include a review the floodplain management regulations in effect in Auburn to make recommendations for enhancements that could provide a positive CRS impact. This task will also include a detailed review of the city's prior CRS application (to be provided by ISO at the request of the City) to determine where the existing credit is coming from and opportunities for classification enhancement. This task will take up to 24 hours to complete. Out of these 24 hours, up to 8 hours will be spent with Auburn floodplain management personnel to gather documentation necessary to complete this phase. The deliverable under this task will be a written report with scoring evaluation and a list of recommendations if a need for changes is identified. A Flood Insurance impact review will also be completed under this phase. Due date: October 2010. ask 2.0: CRS Verification Documentation preparation. CONSULTANT will assimilate all documentation gathered under tasks 1 into the proper format for documenting creditable CRS activities for Auburn's CRS Re-Verification visit to be completed in 2010. This format will include data entry into the CRS Calculation software. It is estimated that this phase will take up to 48 hours to complete. The deliverable for this task will be 2 complete copies of the CRS verification package; one to be submitted to FEMA and one to be maintained by the city. This package will include all Activity worksheets and support documentation for each activity that credit will be requested. Due date: December 2010 ask 3.0: Participation in CRS verification visit. This task includes CONSULTANT participation and support in the Auburn CRS verification visit once the date for this visit has been established. Specifically, CONSULTANT will support County staff throughout the process, and assist to mediate any discrepancies that may arise between CRS and the County. It is estimated up to 24 hours will be devoted to this task. The deliverable for this task will be a technical memorandum summarizing conclusions of the re- evaluation. Due date: December 2010. ask 4.0: Project Management. Provide overall project management for this work order, including but not limited to project coordination, work scheduling, product review and certification, budget and expenditure management, invoicing and issue resolution. It is. anticipated that up to 10 hours will be dedicated to this task. Exhibit B Agreement No. AG-C-xxx Page 2 of 1 EXHIBIT B FEE SCHEDULE Tetra Tech/KCM, Inc. Rate table of Hourly Billin Rates Staff Classification Hourly Rate Principle En ineer/Scientist $200 Senior En ineer/Scientist III $145 Senior En ineer/Scientist II $137 Senior En ineer/Scientist 1 $125 En ineer/Scientist III $110 En ineer/Scientist 11 $100 En ineer/Scientist 1 $80 CAD Operator $75 Technician/Illustrator/Editor $85 III Technician/Illustrator/Editor II $65 Administrator III $72 Administrator II $69 Exhibit B Agreement No. AG-C-xxx Page 3 of 1 CONSULTANT INVOICES CONSULTANT invoices should contain the following information: • On CONSULTANT letterhead. • A cover letter stating the status of each task. This should include items completed, percent completed during the billing period and completion along with funding status. • Internal invoice number and%or sequential numeric number (i.e.: progress payment # 10). • Invoice date. • Period of time invoice covers. • Consultant Agreement # (i.e.: AG-C-115). • Project number(s) listed (i.e.: PR562). • CITY'S project manager listed. • The, hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-way, or construction) or task order number. • Direct salary (base salaries) • Indirect salary (benefits) • Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of a task requires travel outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down and backup information is to be attached to invoice. Project managers are to inform CONSULTANTS as to what is required for break down information and if backup information is to be attached. Break out the same for subconsultant charges. • Previous and remaining base contract amounts left in each task and total contract - total authorized amount (bottom line figure). Add amendments to this base contract amount for total authorized amount. • Percentage of work completed to date compared to total amount of work (if required by the project manager). • Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an amendment in place. • Invoices for previous year are due by January 15tH • For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-xxx Page 1 of 2 SAMPLE INVOICE City of Auburn Invoice 5222 25 West Main Progress Payment 2 Auburn WA 98001 Invoice Date: February 10, 2002 Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm Agency Agreement AG-C-010 Project PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in Charge 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Expenses see attached documentation Charges Multiplier Amount Mike Jones, Principal in Charge 20 miles x1.1 $ 7.59 Carla Maker, Architect $ 30.00 x1.1 $ 33.00 Joe Smith, Word Processing $ 29.00 x1.1 $ 31.90 Consultant Expenses Subtotal $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Subconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil Engineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 Moving Company, Moving Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 TOTAL DUE THIS INVOICE $ 3,681.49 CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Completed Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00. 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 19,793.51 Note: MRF=Management Reserve Fund * Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of $2,000.00. Consultant Invoices Agreement No. AG-C-xxx Page 2 of 2 ,A5 - CITY OF * AT .BT T Peter B. Lewis, Mayor .RN WASHINGTON 25 West Main Street * Auburn WA 98001-4998 * www.cuburnwo.gov * 253-931-3000 December 30, 2010 Rob Flaner Tetra Tech 90 South Blackwood Avenue Eagle, ID 83616. RE: Agreement for Professional Services, AG-C-396 NFIP Re-Verification for CRS Dear Mr. Flaner: This letter is to inform you that the above-referenced Agreement for Professional Services is being closed at this time. Our records indicate that we processed the final payment for this agreement on December 20, 2010 for invoice #50413636 in the amount of $1,743.00. If you feel that this Agreement for Professional Services should not be closed, or if there are any outstanding invoices, please inform me by January 14, 2011. Thank you for your firm's professional services in work related to the NFIP re-verification for CRS. If you have any questions please call me at 253-804-5060. Sincerely, Tim Carlaw Storm Drainage Engineer Public Works Department TC/ad/hg cc: City Clerk AG-C-396 AUBURN MORE THAN YOU IMAGINED