Loading...
HomeMy WebLinkAboutCONSENT Engineering Transfer Station replacement Jefferson County Board of Commissioners Consent Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Eric Kuzma Public Works Director Agenda Date: January 20, 2026 Subject: Supplemental Agreement for Professional Services Agreement with Perteet, Inc. Statement of Issue: Perteet, Inc has provided Public Works staff with technical support for the siting of a replacement transfer station since December of 2023. With the initial scope of work at or nearing completion, Public Works would like to expand the scope of work to include services that will move the planning process to include 10% of design completion and cost estimating. Analysis/Strategic Goals/Pro's & Con's: Public Works chose a limited scope of work within the current Agreement, anticipating that a Supplemental Agreement would be necessary if additional work from Perteet, Inc. was desired to further advance the planning project. Fiscal Impact/Cost Benefit Analysis: The consultant fees within the Supplemental Agreement are budgeted for in the 2026 Solid Waste Enterprise Fund budget. Spending revisions within the original budget have been made twice as the planning process has evolved and these adjustments, along with the new maximum payable amounts by task area, are shown in the table below. Task* Task Description Beginning Budget 1st Spending 2nd Spending Supplemental New Maximum Revision(7/11/23) Revision(12/8/25) Agreement Amount Payable 100 Project Management $ 6,040 $ 6,040 $ 9,040 $ 7,560 $ 16,600 200 Technical Studies $ 39,620 $ 27,790 $ 27,790 $ - $ 27,790 300 Public Meeting Support $ 7,620 $ 7,620 $ 10,620 $ 200 $ 10,820 400 Concept Design Services $ 18,920 $ 18,920 $ 22,920 $ 57,355 $ 80,275 500 Directed Services $ 10,000 $ 21,830 $ 11,830 $ - $ 11,830 Beginning Budget $ 82,200 $ 82,200 $ 82,200 Supplemental Budget $ 65,115 Total Project Budget $ 147,315 Recommendation: Execute the attached Supplemental Agreement. Department Contact: Al Cairns, Solid Waste Manager x213 Reviewed By: 0111 A#0.651„"j / Jo 4'eters,County Administrator ate CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Perteet, Inc. Contract No: PW 2023-119(202,(e-OOct) Contract For: Engineering and Planning Support for Transfer Station Replacment Term: 12 Months COUNTY DEPARTMENT: Public Works Contact Person: Al Cairns Contact Phone: x213 Contact email: acaims@co.jefferson.wa.us AMOUNT: Additional$65,115 PROCESS: Exempt from Bid Process Revenue: 401000010.34370.00.0000 Cooperative Purchase Expenditure: 401000010.53700.41.0000 ^ Competitive Sealed Bid Matching Funds Required: N/A ,.� Small Works Roster Sources(s) of Matching Funds N/A Vendor List Bid Fund# N/A ,� RFP or RFQ Munis Org/Obj N/A Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: n■ N/A:n 12/16/25 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: ❑� N/A: n 12/16/25 Signature Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): ,; Electronically approved by Risk Management on 1/9/2026. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): I J Electronically approved as to form by PAO on 1/9/2026. Contract amendment. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1_ Supplemental Agreement Organization and Address: Number: 1 Perteet, Inc. 2707 Colby Ave. Everett, WA 98201 Agreement Number: PW 2023-119 Phone: 425-252-7700 Project Number: Execution Date: December 18, 2023 Project Title: Transfer Station Replacement Completion Date: December 31,2026 Planning Process Description of Work: New Maximum Amount Payable: $147,315 Engineering and planning services to support the County's planning for a new Solid Waste Transfer Station. Jefferson County Public Works desires to supplement the agreement entered into with Perteet, Inc. and executed on December 18, 2023, and identified as Agreement No. PW 2023-119. All provisions in the basic agreement remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: II Section II, SCOPE OF WORK, shall be amended by: 1. Adding an additional 12 months of project management including: monthly reports; up to(8)one- hour coordinating meetings with staff; and subcontractor management for architectural and group facilitation/public outreach services(Task No. 100). 2. Adding travel costs for public meetings(Task No. 300) 3. Adding conceptual design services to 10% design and cost estimating through subcontractor (Task No. 400) IV Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for completion of the work to read: This contract will expire on December 31,2026 V Section V, PAYMENT, shall be amended as follows: The Consultant Fee Determination is set forth in the attached Exhibit D, and by this reference made a part of this supplement. Transfer Station Replacement Planning Process Page 1 of 2 Supplemental Agreement No. 1 The Specific Rates of Pay have been revised and are set forth in the attached Exhibit D, and by this reference made a part of this supplement. The new,total maximum amount payable will be$147,315,as shown below. Task Task Description Current Supplement#1 New Maximum No. Maximum Amount Payable Amount Payable 100 Project Management $9,040 $7,560 $16,600 200 Technical Studies $27,790 $0 $27,790 300 Public Meeting Support $10,620 $200 $10,820 400 Concept Design Services $22,920 $57,355 $80,275 500 Directed Services $11,830 $0 $1 1,830 TOTAL $82,200 $65,115 $147,315 If you concur with this supplement and agree to the changes as stated above,please sign in the appropriate spaces below and return to this office for final action. Perteet, Inc. COUNTY OF JEFFERSON Consultant BOARD OF COMMISSIONERS Co sultant's Signature Heather Dudley-Nollette,District 1 01/09/2026 Date Heidi Eisenhour,District 2 Greg Brotherton,District 3 Approvedr a6 to form only: r / [' January 9, 2026 "//Philip C. Hunsucker Date Chief Beputy Prosecutor onte Reinders,P.E. ate Public Works Director/County Engineer Transfer Station Replacement Planning Process Page 2 of 2 Supplemental Agreement No. 1 EXHIBIT D Consultant Fee Determination Summary 2707 Colby Avenue,Suite 900,Everett,WA 98201 P 425-252-7700 F 425-339-6018 Project:Solid Waste transfer Station Concept Design Client:Jefferson County Public Works Consultant:Perteet Perteet Project No.20230231.0000 Date: 11/20/2025 HOURLY COSTS Classification Hours Rate Amount Director 24 $350.00 $8,400.00 Lead Engineer/Ma nag 52 $215.00 $11,180.00 Environmental Scienti 0 $165.00 $0.00 Planner III 12 $180.00 $2,160.00 Clerical 1 $135.00 $135.00 Civil Designer II 88 $170.00 $14,960.00 Lead Tech/Designer 64 $170.00 $10,880.00 Accountant 8 $165.00 $1,320.00 Planner III 16 $180.00 $2,880.00 Senior Associate 10 $300.00 $3,000.00 Labor Total 275 $54,915.00 REIMBURSABLES Expenses Cost Markup Amount Mileage $200.00 1.0 $200 #REF! #REF! #REF! #REF! 0 $0.00 0.0 $0 0 $0.00 0.0 $0 Total Expenses $200 SUBCONSULTANTS Subconsultants Amount Slingland Design $10,000 0 $0 Total Subconsultants $10,000 CONTRACT TOTAL $65,115 have multiple employees assigned to that billing category and each employee may have a different hourly rate of pay. a 4A,t-t-e PROFESSIONAL SERVICES AGREEMENT FOR A/E Services for Solid Waste Transfer Station Siting Study THIS PROFESSIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and Perteet, Inc ("the Consultant"), in consideration of the mutual benefits, terms,and conditions specified below. 1. Project Designation. The Consultant is retained by the County to Provide engineering and planning services to support the County's selection of property for a new Solid Waste Transfer Station. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit"A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this Agreement on the dates listed on Exhibit"A". Time is of the essence in the performance of this Agreement. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this Agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit"B"attached hereto,provided that the total amount of payment to Consultant shall not exceed$83,140.00 without express written modification of this Agreement signed by the County. b. The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof,payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. c. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this Agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies,equipment and incidentals necessary to complete the work. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 1 of 10 e. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the County and state for a period of three(3)years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents,drawings,specifications,and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies,including reproducible copies,of drawings and specifications for information,reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall,in performing the services contemplated by this Agreement, faithfully observe and comply with all federal,state,and local laws, ordinances and regulations,applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall defend,indemnify and hold the County,its officers,officials,employees,agents and volunteers(and their marital communities) 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 and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,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 the Consultant and the County,its officers,officials,employees, agents and volunteers(and their marital communities)the Consultant's liability, including the duty and cost to defend,hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's 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. Prior to commencing work,the Consultant shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than$500,000 each occurrence with the County named as an additional insured in connection with the Consultant's performance of his Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a)Owned automobiles;(b)Hired automobiles; and,(3)Non-owned automobiles. Cnmmercmi»l General Liability Insurance in an amount not less than a single limit of $500,000 per occurrence and an aggregate of not less than two(2)times the occurrence Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 2 of 10 amount($1,000,000.00 minimum) for bodily injury,including death and property damage, unless a greater amount is specified in the contract specifications. The commercial general liability insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage,with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; d. Premises—Operations Liability(M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an "additional named insured"under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer, and shall include a provision prohibiting cancellation of said policy except upon thirty(30)days prior written notice to the County. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. The Consultant shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a)The limits of overage; (b)The project name to which it applies; (c) The certificate holder as Jefferson County,Washington and its elected officials, officers,and employees with the address of Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d)A statement that the insurance policy shall not be canceled or allowed to expire except on thirty(30)days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Consultant refers to an endorsement(by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15)days of execution of this Agreement. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Consultant's insurers shall have no right of recovery or subrogation against the County(including its employees and other agents and agencies), it being the intention of the parties that the insurance policies,with the exception of Professional Liability Insurance, so affected shall protect all the parties and shall be primary coverage for all losses covered by the above described insurance. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 3 of 10 Insurance companies issuing the Consultant's insurance policy or policies shall have no recourse against the County(including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. All deductibles in the Consultant's insurance policies shall be assumed by and be at the sole risk of the Consultant. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured retention,or the Consultant shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. Any judgments for which the County may be liable,in excess of insured amounts required by this Agreement,or any portion thereof, may be withheld from payment due, or to become due,to the Consultant until the Consultant shall furnish additional security covering such judgment as may be determined by the County. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any insurance policy the Consultant shall provide to comply with this Agreement. The County may,upon the Consultant's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. The Consultant shall provide a copy of all insurance policies specified in this Agreement. Written notice of cancellation or change in the Consultant's insurance required by this Agreement shall reference the project name and agreement number and shall be mailed to the County at the following address: Jefferson County Risk Management, P.O. Box 1220, Port Townsend, WA 98368. The Consultant's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees,and agents. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials, employees, or agents. The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. The Consultant shall include all subconsultants as insured under its insurance policies or shall furnish separate certificates and endorsements for each subconsultants. All insurance coverage for subconsultants shall be subject to all the requirements stated in this Agi cement.. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 4 of 10 The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. The Consultant shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies,and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30)days prior to cancellation, suspension,reduction or material change in the policy,notice of same shall be given to the County Risk Manager by registered mail,return receipt requested. The Consultant shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-,with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation(Industrial Insurance). If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor,partners, owners or shareholders of the Consultant, the Consultant shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Risk Management, upon request. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. This coverage shall extend to any subconsultant that does not have their own worker's compensation and employer's liability insurance. The Consultant expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. If the County incurs any costs to enforce the provisions of this subsection,all cost and fees shall be recoverable from the Consultant. 10. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. The Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subconsultants, employees, agents, and representatives, in Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 5 of 10 providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including,but not limited to: retirement, vacation pay; holiday pay; sick leave pay; medical, dental,or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. Subcontracting Requirements. The Consultant is responsible for meeting all terms and conditions of this Agreement including standards of service,quality of materials and workmanship, costs, and schedules. Failure of a subconsultant to perform is no defense to a breach of this Agreement. The Consultant assumes responsibility for and all liability for the actions and quality of services performed by any subconsultant. Every subconsultant must agree in writing to follow every term of this Agreement. The Consultant must provide every subconsultant's written agreement to follow every term of this Agreement before the subconsultant can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subconsultants in writing. Any dispute arising between the Consultant and any subconsultants or between subconsultants must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Consultant's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the Consultant,to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant,any fee, commission,percentage,brokerage fee, gifts,or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, the County shall have the right to annul this Agreement without liability or, in its discretion to deduct from the Agreement price or consideration,or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 13. Discrimination Prohibited. The Consultant,with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race,color,national origin, religion, creed, age, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 14. No Assignment, The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 6 of 10 include printing or other customary reimbursable expenses that may be provided in an agreement. 15. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 16. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten(10) days written notice to the Consultant. b. In the event of the death of a member,partner, or officer of the Consultant,or any of its supervisory personnel assigned to the project,the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the County, if the County so chooses. 17. Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand-delivered, sent by facsimile,email, or mailed by depositing in the United States mail,prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Perteet Inc 2707 Colby Avenue, Suite 900 Fverett,WA 98201 18. Integrated Agreement. This Agreement together with attachments or addenda,represents the entire and integrated Agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations,discussions, negotiations,and agreements, whether written or oral, by the County within the scope of this Agreement. The Consultant ratifies and adopts all statements,representations, warranties, covenants, and agreements contained in its proposal,and the supporting material submitted by the Consultant,accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 7 of 10 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, whose decision in the matter shall be final,but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement, each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect,or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to,or waiver of, a breach by either party, whether express or implied, shall constitute a consent to,waiver of,or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof,or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs, and assigns. 27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28. No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 8 of 10 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length,with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to the extent any record, including any electronic, audio,paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended,the Consultant agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Consultant further agrees that upon receipt of any written public record request, Consultant shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 9 of 10 DATED this Is-43 day of De.ce14er" ,20 23 . JEFFERSON COUNTY BOARD OF COMMISSIONERS Perteet, Inc Name of Consultant Dean,District 1 Crystal L.Donner Consultant Representative(Please print) Heidi Eisenho ,District 2 _irtI L. De*c.Laa / T Si iature mil. President Title December 7,2023 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief C. .i{Deputy Pros�gcuting Attorney ) Monte em ers, . . Date Public Works Director/County Engineer Professional Services Agreement, Contract A, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10 EXHIBIT A Scope of Services Jefferson County Solid Waste Facility Replacement Planning Services Project#:20230230.0000 December 2023 Jefferson County Public Works p E RT E E T 2707 COLEY AVE,SUITE 900 EVERETT,WA 98201 Better communities,by design 800.615.9900 1 425.252.7700 JEFFERSON COUNTY SOLID WASTE FACILITY REPLACEMENT PLANNING SERVICES PROJECT#:20230203.0000 Perteet Inc.Scope of Services December 2023 SCOPE OF SERVICES Jefferson County Public Works,Solid Waste Division(Client)requested Perteet(Consultant)prepare this scope of services to support the site selection process for a new Solid Waste Transfer Station(SWTS). This scope of services presents the tasks and activities anticipated to complete the Client's request and is comprised of the tasks outlined below. The fee estimate for the services is provided as Exhibit B,which also includes a Perteet rate schedule. The rate schedule is subject to adjustment in July 2024 and annually thereafter. Task 100— Project Management Consultant Activities: • Attend a project kick-off meeting with Jefferson County project team. • Manage budget and submit monthly invoices and progress reports for those periods when Perteet is actively supporting project requirements. • Participate in team coordination and progress review meetings with the County. • Facilitate subcontracting with subject matter experts as requested by the County. • Routine client communications and project administration Deliverables • Monthly progress reports • Meeting summaries Assumptions: • One on-line project kick-off meeting(1 hour) • Eight(8)monthly reports and invoices. Project runs from December 2023 through July 2024. • Up to six(6)one-hour team coordination meetings with the County. • Perteet will execute and manage up to three(3)subconsultant agreements with subject matter experts identified by the Client. The fees for subconsulant services will be in addition to the fee proposal for this scope of services. Task 200—Technical Studies Consultant Activities: • Meet with the County to identify the technical studies needed to support the Client's decision on location alternatives. For the purpose of this scope of services technical studies are expected to include: o Noise studies to identify specific background noise levels at proposed sites,assess new noise measurements collected by the County over a one-week period for the existing facility,and evaluate those measurements collected by the Client to establish a preliminary estimate of noise impacts from a new SWTS on up to three(3)parcels identified by the Client. o Traffic impact study to assess the impact to intersections within 1-mile of proposed re-location sites. The Consultant will use existing traffic information provided by the Client and extrapolate from existing SWTS vehicle and load counts to identify potential future traffic dernurrd. This information will be compared to intersection levels of service to identify possible transportation facility improvements(turn lanes,signals,signage or other infrastructure) I ' JEFFERSON COUNTY SOLID WASTE FACILITY REPLACEMENT PLANNING SERVICES PROJECT#:20230203.0000 Perteet Inc.Scope of Services December 2023 needed to sustain County level of service standards within 1-mile of up to three(3)parcels identified by the County. O Critical area assessments to identify site-specific conditions on up to three(3)parcels identified by the County.Assessments will involve the visual reconnaissance of properties to identify potential critical areas(slopes,erosive soils,streams,wetlands,buffers,habitats and others as defined in Jefferson County code).This information will be used to assess the extent of developable real estate on each parcel and how development may be constrained or what mitigations may be required to support site development. o Cultural resource assessments to identify potentially culturally sensitive areas. Consultant will rely on the State's WISSARD database and other accessible data sets to identify the potential likelihood of encountering sensitive resources at up to three(3)parcels identified by the County. O Other technical studies as determined by the County. This activity would be performed as directed services through Task 500. Deliverables: • Up to 5 technical study memoranda describing and comparing impacts between 3 separate locations identified by the County. Assumptions: • One two-day field visit,including travel,for critical area reconnaissance. • County places and recovers noise monitors and provides noise data to Consultant. • County provides current LOS information and current list of planned transportation projects. • County provides for capital improvement cost estimating to address transportation impacts. • County to provide updated annual vehicle counts for the current SWTS. • At the time this scope of services was prepared,the level of detail of some studies is unknown. The Client has established a$40,000 fee for this task. Should additional effort be needed to complete the technical analyses,the Consultant may draw from other task budgets,request funding from "Directed Services Task 500",or require a supplement to the fee estimate. Task 300 — Public Meeting Support Consultant Activities: • Serve as a subject matter expert for public meetings and open house events. • Participate in public/neighborhood meetings,workshops,open houses,and meetings with the Client's Task Force. • Prepare meeting exhibits and informational materials to support specific meeting topics. • Attend one(1)Jefferson County Commission meeting to support the County in presenting project findings and recommendations. Deliverables: • Draft and final meeting materials,limited to power point slides to be inserted into County presentation, written summaries of technical studies,and exhibits to support the presentation. 2 j . JEFFERSON COUNTY SOLID WASTE FACILITY REPLACEMENT PLANNING SERVICES PROJECT#:20230203.0000 Perteet Inc.Scope of Services December 2023 • Meeting summaries. Assumptions: • Participate in three task force meetings and one public open house. One task force meeting and the public open house will be in person. The remaining two task force meetings will be virtual. • Attend one Jefferson County Commission meeting in person. • County provides for meeting organizing,scheduling,and facilitation. • Up to one power point,three written summaries,and three exhibits per meeting. Task 400—Concept Design Services Consultant Activities: • Provide civil engineering services in support of the concept design for a new SWTS for two(2)separate parcels. Consultant effort to include concepts for grading,drainage,utilities from existing systems to the proposed parcels;roadway concept design;concept traffic improvements;and concept cost estimates for civil elements. • Coordinate with County's architectural consultant to create an integrated concept design for up to two (2)locations. • Provide comparative analysis of civil engineering features and concept costs. • Attend one site reconnaissance of up to two locations identified by the County for concept design. Deliverables: • Concept civil engineering drawings,narrative descriptions,and concept cost estimates for up to two(2) locations selected by the Client. Assumptions: • Civil engineering drawings and concept plans will be at approximately 10%design level,showing primary features and approximate locations and configurations. • Grading analysis will be based on LIDAR or County provided topography. • No drainage analysis or engineering studies will be performed. • Drawings,narratives,and concept costs will be delivered to the Client's architectural consultant for inclusion in their presentation of concept site plans. • Client to provide all required parcel information. • Client to develop concept costs for off-site improvements. TASK 500 Directed Services The objective of this task is to account for additional services that the Client my wish to direct during the performance of this work. These services may include but are not limited to:supplemental studies,incidental analysis and reporting,preliminary engineering,cost estimating,additional compliance support,environmental 3 • JEFFERSON COUNTY SOLID WASTE FACILITY REPLACEMENT PLANNING SERVICES PROJECT#:20230203.0000 Perteet Inc.Scope of Services December 2023 analyses,and public meeting support. The Consultant shall not use Directed Services budget without the prior approval by the Client. Consultant Activities: • Prepare directed services scope and fee proposals for Client review and discussion. • Implement specific task assignments as defined in directed services scope and fee as approved by the Client. Deliverables: • As determined by Client approved directed services scope. Assumptions: • Directed services tasks will be in accordance with the Perteet rate sheet(attached). Limitations Consultant services shall be limited to those expressly set forth in this scope of services.If the service is not specifically identified herein,it is expressly excluded.Perteet shall have no other obligations,duties,or responsibilities associated with the project except as expressly provided in this Scope of Services and any additional services authorized by amendment.Perteet reserves the right to shift funds within the Contract between Tasks,and between members of the Consultant Team during the prosecution of the work.At the time this scope of services was prepared,the level of detail of some studies is unknown. The Client established fixed task budgets for Tasks 200 through 400. Should additional effort be needed to complete the technical analyses,public outreach support or concept design services,the Consultant may transfer funds from other task budgets,request funding from "Directed Services Task 500",or require a supplement to the fee estimate. The scope of work is designed consistent with the level of skill and care ordinarily exercised by members of the profession currently practicing in the same locality and under similar conditions.The analyses and recommendations described in this scope of services are based on our review of available information at the time of preparing this scope of services. Therefore,the recommended work elements and associated fee estimate are based solely on the limits of information obtained and may be subject to change based on new information that may come to light during the performance of the scope of services. 4 • EXHIBIT B t PERTEET FEE ESTIMATE Project Jefferson County SWTS Phase II Contract Start Date 10/15/2023 Last Update date 11/29/2023 Client Jefferson County Public Works Departure lontract End Date 10/15/2024 Perteet Project No. 20230203.0000 PM Peter Battuello Contract Duration: 12 Months Labor Dollars Task Task 100 Project Management $6,040.00 Total Task 100 Project $6,040.00 Management Task 200 Technical Studies 939,620.00 Total Task 200 Technical Studios $39,628.00 Task 300 Public Meeting Support $7,62000 Total Task 300 Public Meeting $7,620.00 Support Task 400 Concept Design Services $18,920.00 Total Task 400 Concept Design $18,920.00 Servkes Task 500 Directed Services $10.00000 Total Task S00 Directed Servlcaa $10,000.00 Total Hours Total Dollars S81,200.00 Expenses: Travel-Allowable 940 Totals: 940 SUMMARY Labor $82,200.00 Expenses S940.00 Subconsultants S0.00 CONTRACT $83,140.00 TOTAL v7.6.786(PBATTUELLO)- Page 1 of 2 • DocuSign Envelope ID:3AC3FD78-3F40-46DD-857C-568A52472A77 PERTEET Schedule of 202.5 Billing Rates Engineering.Planning and Environmental Classifications 2023 Hourly Rate Principal 350.00 Director 310.00 Senior Associate 245.00 Senior Engineer/Manager 225.00 Lead Engineer/Manager 190.00 Engineer III 165.00 Civil Designer II 145.00 Civil Designer I 125.00 Senior Planner/Cultural Resources Manager 185.00 Lead Planner/Manager 165.00 Cultural Resources Specialist Ill 145.00 Cultural Resources Specialist II 130.00 Cultural Resources Specialist I 105.00 Planner III 155.00 Planner II 145.00 Planner I 100.00 Sr.Environmental Scientist/Manager 175.00 Lead Environmental Scientist/Manager 160.00 Environmental Scientist III 130.00 Environmental Scientist II 110.00 Environmental Scientist I 90.00 Lead Technician/Designer 145.00 Technician III 130.00 Technician ll 105.00 Technician I 85.00 Contract Administrator 130.00 Accountant 125.00 Graphics Specialist 120.00 Clerical 115.00 Emergency Response Rate(immediate response following event) @1.5 times hourly rates Expert Witness Rotes: Consulting&Preparation Time @ standard hourly rates Court Proceedings&Depositions(4 hour minimum) @ 1.5 times hourly rates Perteet's Hourly Rates are subject to change each year on January i' • DocuSign Envelope ID:3AC3FD78-3F40-46DD-857C-568A52472A77 TA PERTEET Schedule of 202.5 Billing Rates Page 2 Direct Expenses Bate Living&travel expenses outside of service area Cost Authorized Subconsultants Cost Outside Services(printing,traffic counts,etc.) Cost Mileage @ current federal rate Construction Classifications 2023 Hourly Rate Construction Director 325.00 Construction Supervisor 275.00 Construction Engineering Manager 240.00 Senior Construction Manager 230.00 Construction Manager 215.00 Assistant Construction Manager 185.00 Construction Engineer III 165.00 Construction Specialist II 145.00 Construction Specialist I 125.00 Senior Electrical Construction Observer 205.00 Senior Construction Observer 205.00 Construction Observer III 150.00 Construction Observer II 105.00 Construction Observer I 95.00 Senior Office Engineer 175.00 Senior Construction Technician 165.00 Construction Technician III 150.00 Construction Technician II 135.00 Construction Technician I 105.00 Perteet's Hourly Rates are subject to change each year on January l'.