HomeMy WebLinkAboutCONSENT Widener and Associates Department of Public Works
O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: August 3, 2026
Subject: Supplement No. 1 to Professional Services Agreement for Environmental
Permitting -- Upper Hoh Road MP 9.7 to MP 9.8 Emergency Repair,
County Project No. 18019880
Statement of Issue: Public Works requests to supplement the professional services
agreement with Widener Et Associates, of Everett, Washington for environmental permitting
on the previously completed Upper Hoh Road MP 9.7 to MP 9.8 emergency repair.
Analysis/Strategic Goals/Pro's £t Con's: The original agreement was for "after-the fact"
federal permitting coordination work required as follow up to the previously completed Upper
Hoh Road MP 9.7 to MP 9.8 emergency repair. This section of road (approximately 300 feet in
length) was washed out by the Hoh River in November 2015 and was repaired under an
emergency declaration. The consultant prepared a Biological Evaluation in 2018, but the
permitting process stalled because appropriate mitigation could not be agreed upon by the
various parties involved. After multiple years of negotiation, mitigation has now been agreed
upon, and the permitting process is being completed. This contract is for updating and
revising the Biological Evaluation, including consultation with federal agencies and
coordination with WSDOT and FHWA.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable for this supplement
is$7,104, and the new maximum total amount payable under the agreement will be $41,595.
The work will be funded at 86.5% by FHWA. Jefferson County is responsible for the remaining
13.5%.
Recommendation: Please sign the one contract supplement and return to Public Works.
Department Contact: Mark Thurston, P.E., Project Manager, 385-9210.
Reviewed By:
7/3 /J.6
Jos eters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Widener&Associates Contract No:
Contract For: Upper Hoh Rd MP 9.7-9.8 Environmental Permitting Term:
COUNTY DEPARTMENT: Public Works
Contact Person: Mark Thurston
Contact Phone: (360)385-9210
Contact email: mthurston@co.jeflerson.wa.us
AMOUNT: $7,to4.on PROCESS: Exempt from Bid Process
Revenue: 180000010.333.20.22 Cooperative Purchase
Expenditure: 180000010.545.00.48 ^ Competitive Sealed Bid
Matching Funds Required: yes 13.5% — Small Works Roster
Sources(s) of Matching Funds Road fund Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj ✓ Other:consultant supplement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 11.1 N/A: 7/7/26
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: El 7/7/26
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 7/13/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 7/10/2026.
Preapproved contract form indicated in document.
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 Number: 1 Organization, Address, and Phone:
Widener&Associates
1902 120th Place SE STE 202
Agreement Number: N/A Everett, WA 98208
Project Number: 18019880 Execution Date: Completion Date:
May 29, 2018 N/A
Project Title: Upper Hoh Road MP 9.7-9.8 New Maximum Amount Payable:
Emergency Repair $41,595
Description of Work:
Update and revise the Biological Assessment, originally prepared in 2018, for submittal to
USFWS and NOAA Fisheries for their review and concurrence. Address and respond to
comments during USFWS and NOAA review.
SUPPLEMENTAL AGREEMENT
The Local Agency of Jefferson County Public Works hereby amends the agreement with Widener
& Asssociates ("the Agreement"), executed on May 29, 2018.
All provisions in the Agreement remain in effect, except as expressly modified by this
Supplemental Agreement.
The changes to the Agreement are described as follows:
II.
Section II, Scope of Work, is hereby supplemented with the work described in the attached Exhibit
A.
IV.
Section IV, Payment shall be amended as follows:
This supplement will have a maximum amount payable of$7,104. The new, total maximum
amount payable for the Agreement will be$41,595, as detailed in the attached Exhibit B.
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 1 of 2
This Supplemental Agreement shall be effective upon execution by both parties. Work performed
consistent with the Agreement prior to execution of this Supplemental Agreement is hereby ratified.
In witness whereof, the parties hereto have executed this Supplemental Agreement Number 1 as
shown below.
COUNTY OF JEFFERSON
(Consultant Firm Name) BOARD OF COMMISSIONERS
Widener& Associates
Co iis ame (P se prim) Heather Dudley-Nollette, District 1 Date
"4 // I
onst s Signa re Heidi Eisenhour, District 2 Date
'/Z 1-/Z(c
Date Greg Brotherton, District 3 Date
Approved as to form only:
PRE- PP VED CONTRACT FORM
Philip C. nsucker Date
Chief Civi Deputy Prosecuting Attorney
?l44
Eric uzm Date
Public Works Director
Supplemental Agreement(to A& B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of2
EXHIBIT A
ENVIORNMENTAL SCOPE OF WORK
UPPER HOH RIVER ER MP 9.8
JEFFERSON COUNTY
Widener and Associates will assist the County in the preparation of the response to FHWA's
comments and assist if needed during the consultations.
Biological Assessment(BA)
A BA was prepared for the preferred alternative in accordance with WSDOT guidelines. The
following subtasks will be completed in response to FHWA, USFWS, and NOAA comments, as
needed.
Revise the BA, as appropriate per FHWA comment, and provide the final BA for submittal to
USFWS and NOAA Fisheries for their review and concurrence.
If NOAA Fisheries responds with advisory EFH conservation recommendations,the Consultant
will coordinate with the County and FHWA to jointly discuss the recommendations.
Formally addresses and responds to NOAA Fisheries'recommendations within the regulated
time frame.
Deliverable(s)
• One electronic copy of a revised BA incorporating comments by FHWA/WSDOT,
for submittal to NOAA Fisheries and USFWS.
• Formally address NOAA Fisheries and USFWS comments as well as EFH issues.
Exhibit B
Project Name Upper Hoh MP 9.8 ER
Client Jefferson County Mark Thurston
Location Jefferson County Date 6/29/2026
Project Senior Project
Manager Biologist Biologist
Biological Assessment
FHWA Comments 4 4 40
Services Comments 2 4 16
Total hours 6 8 56
Summary Hours Rate Cost
Project Manager 6 $80.00 $480.00
Senior Project Manager 8 $65.00 $520.00
Project Biologist 56 $35.00 $1,960.00
Total Labor $2,960.00
Overhead 149.92 % $3,256.00
Profit 30% $888.00
TOTAL ESTIMATED COST $7,104.00
Widener & Associates
.,
of
PROFESSIONAL SERVICES AGREEMENT FOR t p
Environmental Documentation and Permitting
Upper Hoh Road MP 9.7 to MP 9.8 Emergency Repair
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Widener& Associates,hereinafter referred to as "the
Consultant", in consideration of the mutual benefits,terms, and conditions hereinafter specified.
1. Project Designation. The Consultant is retained by the County to perform environmental
coordination, analysis, and documentation necessary to satisfy federal consultation
requirements for the previously completed emergency repairs at Upper Hoh Road MP 9.7
to MP 9.8.
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 contract shall commence upon the giving of
written notice by the County to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to 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 $34,491.00 without express written modification of
the 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.
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.
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
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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.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance;
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section shall be delivered to the County
within fifteen(15)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract 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.
The Consultant shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Consultant to take out and/or maintain any required insurance shall not
relieve The Consultant from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification.
It is agreed by the parties that 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 so affected shall protect both parties
and be primary coverage for any and all losses covered by the above described insurance.
It is further agreed by the parties that insurance companies issuing the 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 policy. It
is further agreed by the parties that any and all deductibles in the above described
insurance policies shall be assumed by and be at the sole risk of the Consultant.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Consultant until such time as the Consultant shall furnish
additional security covering such judgment as may be determined by the County.
The County reserves the right to request additional insurance on an individual basis for
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limitation provided for in this agreement shall not constitute a waiver of any other
provision.
14. 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.
15. Notices. Notices to the County of Jefferson 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:
Widener&Associates
ue uite D 19d z 12 D" (/4-Ce SE Sr6. -20 Z.
Everett, WA 98 4-1302 q 82.d 8'
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 written instrument signed by both County and
Consultant.
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Exhibit A
Scope of Work
Upper Hoh Road MP 9.7-9.8 Emergency Repair:
Environmental Documentation and Permitting
OBJECTIVE
The objective of this Agreement is to provide professional services necessary for the preparation of environmental
documentation and permitting, for emergency repair work completed in February 2016 at Upper Hoh Road MP
9.7-9.8 in unincorporated Jefferson County near Forks, Washington. This documentation and permitting is being
required by the FHWA and Army Corps. of Engineers. The Army Corps. granted permission to perform the
emergency work, and is now requiring that Jefferson County follow through with the required permits and
documentation, or remove the rock placed during the emergency. The documentation and permits will address
only the completed emergency repair work.
SERVICES
The Consultant will perform all services and furnish all materials necessary to accomplish the following work items:
TASK 1—ENVIRONMENTAL DOCUMENTATION AND PERMITTING
The following tasks are intended to provide the coordination, analysis and documentation necessary to provide the
required permitting of the completed emergency repair work,in accordance with federal and state requirements.
1.1 Coordination with Agency
Prior to beginning work, the Consultant will coordinate with Agency staff and state and federal agencies as
necessary to identify the specific permitting and documentation requirements, and develop a strategy for
completing them.
Deliverables: Memoranda documenting the coordination activities with state and federal agencies.
1.2 Progress Reports and Invoices
The Consultant will provide monthly progress reports along with the monthly invoices. The Consultant will provide
monthly invoices including the following:
a) Name of each employee that worked on the project in the billing period
b) Each employee's job classification
c) Each employee's hours worked
d) Each employee's hourly wage rate
Exhibit A-Scope of Work Page 1 of 3
1.4 NEPA Categorical Exclusion(CE)
The Consultant will prepare a draft ECS for Agency and WSDOT review. After review the Consultant will finalize the
CE for submission to WSDOT/FHWA.
Deliverables: Draft and final CE
1.5 Joint Aquatic Resource Permit Application(JARPA)
The Consultant will prepare a draft JARPA for Agency review. After review the Consultant will finalize the JARPA
for submission to WSDOT/FHWA. The Agency will provide JARPA drawings as necessary per Army Corps
requirements.
Deliverables: Draft and final JARPA
MANAGEMENT RESERVE
The Consultant will perform tasks associated with the project that may be necessary to successfully meet the
project goal. Tasks will included, but may not be limited to additional coordination with permitting agencies. The
Consultant will utilize the Management Reserve only with written authorization from the Agency.
POSSIBLE FUTURE WORK:
The Consultant may be considered for future work, which may include amending the environmental
documentation and permits completed under this scope of work to include possible mitigation measures. It may
also include assisting the Agency in obtaining other required permits for completing mitigation work at Upper Hoh
Road MP 9.7-9.8.
Exhibit A-Scope of Work Page 3 of 3