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Department of Public Works
o Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To:
Board of Commissioners
Philip Morley, County Administrator
From:
Frank Gifford, Public Works Director
Agenda Date:
March 14, 2011
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Subject:
Paradise Bay Road, Phase II
Co. Rd. No. 503608, CR1873
M.P. 0.37 to M.P. 1.53
Statement of Issue:
The issue is the need for a qualified consultant firm to provide public outreach services for the Paradise
Bay Road, Phase II, CR1873 project.
Analysis/Strategic Goals/Pro's & Con's:
This project is included in the officially adopted 2011-2016 Transportation Improvement Program as Item
NO.1. This project is also included in the adopted 2011 Annual Construction Program as item NO.1.
This agreement will provide for public outreach services by Triangle Associates, Inc., to help inform the
stakeholders and the general public about this project. The purpose of this project is to provide for
construction of 11 foot lanes, 4 foot wide paved shoulders, drainage improvements, asphalt paving,
signing, striping and other work, for this segment of Paradise Bay Road.
Fiscal Impact/Cost Benefit Analysis:
The total maximum amount payable for consultant services under this Consultant Agreement is
$20,838.35. This project has grant funding from the Rural Arterial Program (RAP.) administered via the
State of Washington County Road Administration Board. These consultant services will be eligible for
reimbursement from the RAP. funding at the rate of 90%.
Recommendation:
The Board is asked to approve and execute the three (3) originals of the Professional Services Agreement
with Triangle Associates, Inc. where indicated, and return two (2) signed originals to Public Works (attn.
John Wayand).
Department Contact:
Monte Reinders, County Engineer, 385-9242
Revief/e~ By:
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Philip Marl
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, County Administrator
Date
PROFESSIONAL SERVICES AGREEMENT FOR
Public Outreach Services
Paradise Bay Road, Phase II
TH1S AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinalter referred to as "the County", and Triangle Associates, lnc., hereinafter referred to as
"the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter
specified.
1. Proiect Designation. The Consultant is retained by the County to provide consultation for
public outreach services for the Paradise Bay Road, Phase 11 project.
2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A"
attached hereto, induding the provision of all labor.
3. Time for Performance. Work under this contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. 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 by Decembcr 3],7012.
4. Pavment. The Consultant shall be paid by the County for completcd work and for
services rendered under this agreemcnt as follows:
a. Payment for the work provided by Consultant shall bc made as provided on
Exhibit "13" attached hereto, provided that the total amount of paymcnt to
Consultant shall not exceed $20,838.35 without express \\Titten modification of
the agrccmcnt signed by the County.
b. The consultant may submit invoices to the County once per month during the
progrcss of thc work for partial payment for projcct completed to date, up to 80%
of total project costs. Such vouchers will be checkcd by thc County, and upon
approval thercof, payment will be made to the Consultant in the amount approved.
c. I'inal payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainmcnt and verification by the County alter
the completion of the work undcr this agrcement and its acceptance by the
County.
d. Payment as provided in this section shall bc full compensation j()f work
performed, services rcndcrcd and for all materials, supplies, equipment and
incidentals necessary to complete the work.
Paradise Bay R01:ld. Phas!: II. CR1873
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e. The Consultant's records and accounts pertaining to this agreement arc 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. See also '"Exhibit C, Certification Regarding Debarment, Suspension, and
Other Responsibility Matters - Primary Covered Transactions" attached hereto.
7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its
officers, agents and employees, from and against any and all claims, losses or liability, or
any portion thereof; including attorneys fees and costs, arising from inj ury or death to
persons, including injuries, sickness, disease or death to Consultant's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Consultant.
8. Insurance. Commercial Automobile Liability Insurance providing bodily injury and
property damage liability coverage for all o\'med and non-o\'med 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 the contract.
The Consultant shall obtain and keep in force during the terms of the Agreement, General
Commercial Liability Insurance as follows:
General Commercial Liabilitv Insmance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times
the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and
property damage, unless a greater amount is specified in the contract specifications. The
insurance coverage shall contain no limitations on the scope oflhe 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;
Paradise Ba.1i Road. Phase II. CR1873
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c. Broad Form Contractual/Commercial Liability - including completed operations;
d. Premises - Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
* CertiJicate ofInsurance;
* Self-insurance through an irrevocable Letter of Credit trom a qualilied linancial
institution.
Certificates of coverage as required by this section shall be delivered to the County within
fifteen (15) days of execution of this agreement.
9. 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.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. 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. 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.
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide 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 contract. For breach or
violation of this warranty, the County shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fcc, commission, percentage, brokerage fcc,
gin, or contingent fec.
11. Discrimination Prohibitcd. The Consultant, with rcgard to the work performed by it
under this agreement, will not discriminate on the grounds ofrace, 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 supplics.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
Paradise Hay Road, Phase II. CR 1873
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agreement without the express written consent of the County.
13. Non-Waiver. Waiver by thc County of any provision orthis agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
provIsion.
14. Termination.
a. Thc County reserves the right to terminate this agreement at any timc by giving
tcn (10) days written notice to the Consultant.
b. In the event of the death ofa mcmbcr, partncr or officcr ofthc Consultant, or any
of its supervisory personnel assigned to the project, the surviving members ofthe
Consultant hereby agree to complete the work under the terms ol"this agreement,
ifrcqucstcd to do so by the County. This section shall not be a bar to
renegotiations of this agrccment between surviving members of the Consultant
and the County, if the County so chooses.
15. Notices. Notices to the County of Jefferson shall be sent to the l"ollowing address:
JcfTerson County Public Works
623 Sheridan Street
Port Townsend, W A 98368
Notices to Consultant shall be sent to the following address:
Triangle Associates, Inc.
811 First Avenue,
Suite 255
Seattle, W A 98104
206-583-0655
16. 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. This
agreement may be amended only by VvTitten instrument signed by both County and
Consultant.
Paradise Bay Road. Phase (I. CR.1873
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DATED this day of
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Consultant
SEAL
ATTEST:
Deputy Clerk of the Board
Paradise Bay Road, Phase II. CR 1873
SIGNATURE PAGE
,2011
County of JctTerson
Board or Commissioners
John Austin, Chair
Phil Johnson, Member
David W. Sullivan, Member
Approved as to Form Only:
Deputy Prosecuting Attorney
F::it1/! .
Public Works Director
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EXHIBIT A
Scope of Work
Paradise Bay Road, Phase II
SCOPE OF SERVICES
The Consultant will provide services and staff, and otherwise do all things necessary for or incidental
to the performance of work, as set forth below:
PURPOSE
The purpose of this agreement is to inform the public about the project, assess the stakeholder
environment, and to identify a strategy for public outreach for the Paradise Bay Road, Phase II
project. The intent is to develop and implement an approach that will present the opportunities of this
project, as well as how the public's comments and concerns will be addressed.
Task 1: Stakeholder Assessment and Public Outreach Plan
. Identify project stakeholders
Develop list of project stakeholders with Jefferson County Public Works (JCPW) staff.
Deliverable: list of preliminary project stakeholders and contact information.
. Develop a public outreach plan with JCPW staff.
Deliverable: Draft and final public outreach plan
Task 2: Implementation of Public Outreach Plan
Task 2 activities and deliverables will be based on the final public outreach plan developed and
approved by JCPW in Task 1. Oeliverables for this task may include the following:
Deliverables:
· Open house(s) - up to two open houses (includes preparation of agendas, notifications, and
displays).
· Project factsheet(s) - up to two factsheets developed (includes text and layout).
· Mailing(s) - up to one large distribution mailing and two more targeted mailings (likely prior
to open house(s)). The three potential mailings will consist of some combination of a one-
page factsheet and two postcards.
· Stakeholder relations - standardized reply email template(s) and Excel tracking sheet
developed for stakeholder inquiries, questions, and mailing list sign-up.
. Press releases/work with local newspapers - up to three press releases developed,
includes coordination and research of local distribution lists to use.
· Email distribution to stakeholders - Up to 4 project update emails developed and sent.
. Local community presentations - up to three local clubs/organizations and/or events (e.g.,
Rotary, Port Ludlow Village Council, festival etc).
Paradise Bay Road, Phase II
Assumptions:
. JCPW to provide project base map in AutoCAD format and Triangle Associates to prepare
final maps, graphics, and displays.
. Assumes a minimum of one check-in phone call per month with JCPW project manager. In
addition, assumes up to one separate meeting at JCPW for a check-in meeting.
. Assumes that Triangle will use the same graphics and maps developed for the open
houses, for community presentations.
Task 3: Project Management
. Submittal of monthly progress reports and detailed invoices will include the following:
1. Summary of the progress to date for that month. Progress compared to original schedule
(if applicable) and anticipated progress next month. Anticipated delays or problems.
2. Provide invoices for accomplished work at a frequency not to exceed one per month.
3. Name of each employee that worked on the project in the billing period
4. Each employee's job classification
5. Each employee's hours worked
6. Each employee's hourly wage rate
7. The total wages paid each employee
8. Each invoice will also include all direct non-salary costs and copies of supporting invoices
or bills. The Agency will disallow all or part of any claimed cost, which is not adequately
supported by documentation.
9. All mileage charges will be supported by departure and arrival odometer readings for each
vehicle used for the work. All Washington State Ferry fare charges shall be supported by
ferry ticket receipts. The Agency will disallow all or part of any claimed cost, which is not
adequately supported by documentation.
Deliverable: Monthly progress reports and invoices for months with charges.
Paradise Bay Road, Phase II
EXHIBIT B
FEE SCHEDULE
Public Outrcach
Paradise Bay Road, Phase II, CRI873
Principal Project Manager Project Financial Total Hours
Bob Wheeler Blake Trask Associate I Dennis
Foster
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, $179.08/hr. $71.27 /hr. $56.08/hr. $128.17/hr.
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I hours hours hours hours
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.. ---~. -- --- --
Task I
...
I Stakeholder Assessment I 28 6 35
: and Public Outreach
I Plan
Task II ,
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Implementation of 2 145 70 ! 217
Public Outreach Plan
Task III ...--
Proiect Management 0 6 0 10 16 .....-
.
Total Hours 3 179 76 10 268
Total Hourlv Cost $537.24 $12,757.33 $4,262..08 $1,281.70 $18,838.35
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. Direct Non-Salary Costs $2,000.00
.
Total Costs ~ $20,838,~
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Paradi:ie Bay Road, Phase 11, CR I 873
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.
}~xhibit C
Certification Regarding Debarment, Suspension, and Other Responsibility
Matters-Primary Covered Transactions
I. The prospective primary participant certifies to the best of its knowledge an<ileliel: that it and its
principals:
A. Are not presently debarnd, suspended, proposed for debarrrcnt, 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 comm.sion or fraud or a criminal offense in connection with obtaining,
attempting to obtain, or performing a public (federal, state, or local) transaction or contraatnder 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 indiced for or otherwise criminally or civilly charged by a governmental entity
(federal, state, or local) with commission of any of the denses enumerated in paragraphl( B) of this
certification; and
D. Have not within a three (3) year period preceding thiSlpplication/proposal had one or more public
transactions (federal, state, or local) terminated for cause or default.
II. Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participmt shall attach an explanation to this proposal,
Consultant (Firm):
Triangle Associates. Inc.
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(Signature) President or Authorized Official of Consultant
Paradise Buy Road, Phase II, CR 1873
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