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CITY OF_
Aueim4 WASH
Agreement for Services
This Agreement is made effective as of December 31, 2014, by and between TETRA TECH CONSULTANTS
("TETRA TECH") and the CITY OF AUBURN ("CITY"). The parties agree as follows:
1. DESCRIPTION OF SERVICES. TETRA TECH agrees to provide the consulting services set forth in the
Scope of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of conducting
professional services for community rating system (CRS) evaluation preparation.
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay TETRA TECH a total
not to exceed fee of $10,000.00 pursuant to Exhibit A inclusive of expenses. Notwithstanding its rate and
payment provisions contained in its proposal for services, TETRA TECI-I understands and agrees that payments
must go through City Council authorization at a regularly scheduled Council meeting and as such, payment shall
only occur after this authorization has been received.
3. EXPENSE REIMBURSEMENT. TETRA TECI-I shall pay all "out-of-pocket" expenses, and shall not be
entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope of
Services as reimbursable goods or services.
4. TERM/TERMINATION.
A. This Agreement is effective upon both parties' signatures. This Agreement expires at 11:59 p.m. on
Friday, April 24, 2015, or upon completion of TETRA TECH services, whichever is earlier, unless extended by
mutual agreement prior to the completion of all services.
B. Either party may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate. If this Agreement is terminated, CITY shall pay TETRA TECH for all work
performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. TETRA TECH is an independent contractor with respect to the City of
Auburn, and not an employee of the CITY. The CITY will not provide fringe benefits, including health
insurance benefits, paid vacation, or any other employee benefit, for the benefit of TETRA TECH.
6. EMPLOYEES. The provisions of this Agreement shall also bind TETRA TECH employees who perform
services for the CITY under this Agreement.
7. INDEMNIFICATION / HOLD HARMLESS. TETRA TECH shall defend, indemnify and hold the CITY,
its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or
suits including attorney fees, arising out of or resulting from the negligent acts, errors or omissions of TETRA
TECH in performance of this Agreement, except for injuries and damages caused by the sole negligence of the
City. The CITY shall defend, indemnify and hold TETRA TECH, its officers, officials, employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising
out of or resulting from the negligent acts, errors or omissions of the CITY in performance of this Agreement,
except for injuries and damages caused by the sole negligence of TETRA TECH. In the event of liability for
damages arising out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of TETRA TECI-i and the City, its officers, officials, employees, and volunteers,
(collectively the "Parties") the Parties' liability hereunder shall be only to the extent of each Party's negligence.
It is further specifically and expressly understood that the indemnification provided herein constitutes the Parties
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Proposed Scope of Work December 29,2014
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waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification.
This waiver has been mutually negotiated by the Parties. The provisions of this section shall survive
the expiration or termination of this Agreement.
8. INSURANCE. TETRA TECH shall procure and maintain for the duration of the 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 TETRA TECH, its agents, representatives, or employees.
A. Minimum Scope of Insurance: TETRA TECH shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles.
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.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury. The CITY shall be named as an additional insured
under TETRA TECH's Commercial General Liability insurance policy with respect to the
work performed for the CITY under this Agreement.
3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State
of Washington.
4. Professional Liability insurance appropriate to TETRA TECH's profession.
B. Minimum Amounts of Insurance: TETRA TECH shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of$1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability insurance:
1. TETRA TECH'S insurance coverage shall be primary insurance as respect to the CITY.
Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be
excess of TETRA TECH'S insurance and shall not contribute with it.
2. TETRA TECH's insurance shall be endorsed to state that coverage shall not be cancelled by
either party, except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the CITY.
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating
of not less than A: VII.
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E. Verification of Coverage: TETRA TECH shall furnish CITY with original certificates and a copy
of the amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of TETRA TECH before commencement of
the work.
9. ASSIGNMENT. TETRA TECH's obligations under this Agreement may not be assigned or transferred to
any other person, firm, or corporation without the prior written consent of the CITY.
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as
follows:
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as
follows:
IF to TETRA TECH: IF to the CITY:
Rob Flaner, CFM Chris Andersen, CFM
Hazard Mitigation Program Manager Environmental Services Manager
Tetra Tech, Inc. Community Development and Public
Emergency Management Services, Works Department
Northwest Region City of Auburn
90 South Blackwood Avenue 25 W. Main Street
Eagle, Idaho 836161 Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for any
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision
of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15. APPLICABLE LAW. This Agreement shall be governed by the laws of the State of Washington. Venue
for any court action shall be in King County, Washington.
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The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN TETRA TECH,INC.
Signed: Y Le Signed:
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Date: Di—OA/Vibe/1/ 1 l 20 Date: I / ab1V
Address: 25 West Main Street Address: 216 16'n Street, Suite 1500
Auburn,WA 98001 Denver, CO 80202
Phone: 253-326-0077 Phone: 303.312.8807
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EXHIBIT A- SCOPE OF SERVICES
For The City of Auburn, WA
Community Rating System Re-Verification
FEMA Flood Plain Management and Flood Hazard Reduction
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 FEMA's Hazard Mitigation initiatives such as the DMA,
PDM and CRS programs.
Technical Consulting services included in this scope of work are intended to provide assistance to the City
of Auburn, WA in their preparation for its 2015 Cycle re-verification visit. 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. This initial scope of work will focus
on review and evaluation of the City's floodplain management program according to the 2013 CRS
Coordinators Manual, which will be followed by a subsequent scope of work that will focus on the
assembly of the cycle re-verification package.
Anticipated Duration:
This project is expected to take place between January 1, 2015 and April 1, 2015.
Task 1.0: Review of Auburn's floodplain management program.
CONSULTANT will provide technical assistance to the City of Auburn in support of the City's preparation
for its 2015 Cycle re-verification visit. Such support will include: helping the City develop its preparation
strategy, conducting a review of the current floodplain management program in effect for Auburn, and
preparing a scoring evaluation in accordance with the 2013 Community Rating System (CRS)
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Coordinator's Manual (FIA/15-2013). Consultant will review all aspects of this program and make
recommendations on any potential new creditable activities according to changes in the 2013 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 48
hours to complete. Out of these 48 hours, up to 16 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 technical memorandum 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: March 2015.
Task 2.0: Additional Tasks as Requested by the City.
This task provides for other CONSULTANT assistance that may be required by the City of Auburn in
connection with the City's preparation for CRS reverification. These tasks may include additional
analyses, coordination with FEMA/ISO or other third parties, meeting attendance, presentations, or
other assistance requested by the City. Any services provided by CONSULTANT under this task shall
be requested in writing and in advance of performance of the work by the CITY, after coordination with
the CONSULTANT to confirm that CONSULTANT is able and willing to provide such assistance.
Task 3.0: 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.
Budget.
See Exhibit B for project budget.
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EXHIBIT B
Cost of Services
Task 1 $7,659
Task 2 $0.00
Task 3 $1,355.00
Reimbursable Expenses $986.00
TOTAL $10,000.00
Notes:
1. Hours shown for each task are for estimating purposes.
2. Billing rates are subject to change to reflect periodic adjustments in Tt/KCM salary levels
3. Invoices will be based on actual hours worked by staff assigned to the project.
4. Estimates based on Labor and attached definitions.
EXIBIT B3
Rate Table
Tetra Tech Inc.
Rate table of Hourly Billing Rates
Staff Classification Hourly Rate
Principle in Charge $189
Senior Planner $141
Junior Planner $66
GIS/CAD Analyst $105
Technical/Format Editor $105
Operations Manger $162
Financial Manager $112
Administrative $60
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