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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO:
Board of Commissioners
FROM:
DATE:
Jefferson County Marine Resources Committee
May 19, 2011
SUBJECT: Contract Approval for Coast and Harbor Engineering, Inc.
STATEMENT OF ISSUE:
The Marine Resources Committee (MRC) is requesting approval on the consent agenda of a
contract for $9,200.00 with Coast and Harbor Engineering, Inc., to prepare the Fort Worden
State Park Marille Science Center Pier and Boat Ramp Facilities Preliminary Level Coastal
Processes Assessment. The term of the contract is from May 23 until June 15, 2011. The
funds for this contract are identified in the MRC's grant agreement with WA Department of
Ecology (WADOE) for this task.
ANALYSIS:
The MRC solicited proposals from three firms listed on the Department of Public Works
Professional Services Roster. Coast and Harbor Engineering, Inc., submitted a response
which was acceptable to the MRC. The Fort Worden State Park Manager, Port Townsend
Marine Science Center Executive Director and the Port of Port Townsend Director are
supportive of this study. Fort Worden State Park has been involved in discussions with the
MRC to develop restoration alternatives for the site since 2009. This is the second study the
MRC has done at the Fort Worden State Park Marine Science Center Pier and Boat Ramp
site. This study is the next step towards engaging stakeholders and securing grant funds to
develop conceptual designs to restore the beach to a more natural state while preserving the
boat launch facility and maintaining the recreational values at the site.
FISCAL IMPACT:
The project is 100% grant funded. There is no match requirement.
RECOMMENDATION:
We request three originals of this contract be approved and signed by the Jefferson County
BOCC.
s73~
Date
PROFESSIONAL SERVICES AGREEMENT FOR
FORT WORDEN STATE PARK
MARINE SCIENCE CENTER PIER AND BOAT RAMP FACLITIES
PREUMINARY LEVEL COASTAL PROCESSES ASSESSMENT FOR JEFFERSON COUNTY MARINE
RESOURCES COMMITTEE
THIS AGREEMENT Is entered into between the County of Jefferson, a municipal
corporation, hereinafter referred to as the County, and coast and Harbor engineering, Inc. (110
Main Street, Suite 103, Edmonds, WA 98020), hereinafter referred to as Consultant, in
consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Proiect Desilmation. Fort Worden State Park Marine Science Centsr Pier and Boat Ramp
Facilities Preliminary Level Coastal Processes Assessment to be prepared for Jefferson
COunty Marine Resources COmmittee, Eastern Jefferson County, WA.
2. ScoDe of Services. Consultant agrees to perform the servlces,ldentlfied on exhibit "An
attached hereto, Including the provision of all labor, materials, equipment and supplies.
3. TIme for Performance. Consultant shall perform all services identified in exhibit "A:
beginning May 20, 2011 and shall deliver all work products required pursuant to this
agreement. The effective date of this agreement shall be May 23, 2011. Consultant shall
perform all services and provide all work product required pursuant to this agreement
by June 15, 2011.
4. Pavment. 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 "A" attached hereto, provided that the total amount of payment to
Consultant shall not exceed $9,200.00. without express written modification of
the agreement signed by the COunty.
b. The Consultant may submit vouchers to the County no more frequently than
once per month during the progress of the work for partial payment for project
completed to date, up to 80% of total project costs. The COunty will check such
vouchers, 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.
Professional ServIces Agreement
1
JCMRC/Coast and Harbor Engineering
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 three (3) years after final payments. Copies shall be made available
upon request.
5. OWnershlD 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. ComDliance 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 indemnify and hold the County, and Its officers,
employees, and agents harmless from and shall process and defend at Its own expense,
Including all costs, attorney fees and expenses relating thereto, all claims, demands, or
suits at law or equity arising In whole or in part, directly or Indirectly, from the
Consultant's negligence or breach of any of Its obligations under this Agreement;
provided that nothing hereIn shall require a Consultantto indemnify the County against
and hold harmless the County from claims, demands or suits based solely upon the
conduct of the County, Its officers, employees and agents, and; provided further that if
the claims or suits are caused by or result from the concurrent negligence of: (a) the
Consultant's agents or employees; and, (b) the County, Its officers, employees and
agents, this Indemnity provision with respect to claims or suits based upon such
negligence, and/or the costs to the County of defending such claims and suits, ete., shall
be valid and enforceable only to the extent of the Consultant's negligence, or the
neglIgence of the Consultant's agents or employees.
Claims against the County shall Include, but not be limited to assertions that the use and
transfer of any software, book, document, report, film, tape, or sound reproduction of
material of any kind, delivered hereunder, constitutes an Infringement of any copyright,
patent, trademark, trade name, or otherwise results In an unfair trade practice or an
unlawful restraint of competition.
8. Insurance. The Consultant shall obtain and keep In force during the terms of the
AGREEMENT, or as otherwise requIred, the following Insurance with companies or
through $ourcesapproved by the State Insurance Commissioner pursuant to RCW 48.
Professlonal Services Agreement 2 JCMRC/Coast and Harbor Engineering
a) Workers' Compensation and Employer's Uabllity. The Consultant shall procure
and maintain during the life of the contract, Workers' Cpmpensation Insurance,
including employers' liability coverage in accordance with the laws of the State
of Washington.
b) Commercial Automobile Uability 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 per occurrence in connection with the Consultant's performance of the
contract.
i. Owned Automobiles
II. Hired Automobiles
Ill. Non-owned Automobiles
Such insurance coverage shall be evidenced by a Certificate of Insurance.
c) Professional Uabllity (Errors and Omissions) Insurance with minimum per
occurrence limits In the amount of $1 million.
Such Insurance ,coverage shall be evidenced by a Certificate of Insurance.
9. independent Contractor. The Consultant and the County agree that the C017sultant 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
responsibie for withholding or otherwise deducting federal Income tax or social security
or for contributing to the state Industriallnsurarlce program, otherwise assuming the
duties of an employer with respect to Consultant, or any employee of Consultant.
10. Covenant Aaalnst Contlm~ent Fees. The Consultant warrants that he has not employed
or retained any company or person, other than a bonaflde employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to
pay any company Qr person,other than a bonaflde 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 fee, commission,
percentage, brokerage fee, gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed fly it
under this agreement, will not discriminate on the grounds of race, color, national
Professional Services Agreement 3 JCMRC/Coast and Harbor EngIneering
orlgin. 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.
12. Assilmment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
13. 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.
14. Termination.
a. The County reserves the right to terminate for failure to meet the terms and
conditions of this agreement this agreement at any time by gMng thirty (30)
days written notice to the Consultont.
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
the renegotiation of this agreement between surviving members of the
Consultant and the County, If the County so chooses.
15. Notices.
Notices to the County shall be sent to the following address:
Philip Morely, County Administrator
P.O. Box 1220
Port Townsend, WA 98368
Invoices for services shall be sent to the following address:
Pat Pearson, MRC Grant Administrator
WSU Jefferson County Extension
201 West Patlson, Port Hadlock, WA 98339
Via email: pearsonp@wsu.edu
Deliveltlbles shall be sent to the following address:
Gabrielle laRoche, MRC Project Manager
555 Blue Sky Drive
Port Townsend WA 98368
Via emall: jeffersonmrc@gmall.com
Notices to Consultant shall be sent to the following address:
Shane Phillips
Coast and Harbor Engineering, Inc.
110 Main Street, Suite 103
Edmonds, WA 98020
Professional Services Agreement
4
JCMRC/Coast and Harbor Engineering
16. IntelU3ted AJueement. 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.
DATED this
day of
.2011.
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
CONSULTANT
John Austin, Chair
(
)
ATTEST:
Deputy Clerk ofthe Board
APPROVED AS TO FORM ONLY:
{J~ ~ SJtqfWl/
Deputy Prosecuting Attorney
Approved as b form only:
~~'I
Professional ServIces Agreement
5
JCMRC/Coast and Harbor engineering
EXHIBIT A
SCOPE OF WORK
Fort Worden State Park
Marine Science Center Pier and Boat Ramp Fadlltles
Preliminary Level Coastal Processes Assessment
Eastern Jefferson County, WA
To be prepared for: Jefferson County Marine Resources Committee
To be conducted by: Shane Phillips
Coast and Harbor engineering, Inc.
June 2011
Introduction
Coast & Harbor engineering, Ine. (CHE) has developed this scope of work for conducting
a preliminary level coastal processes assessment for evaluation of restoration and
recreational Improvements at the Fort Worden State Park Marine Sdence Center Pier.
and adjacent Boat Ramp Facilities. A preliminary review of the site conditions and
assembly of potential restoration concepts was developed In a previous phase In 2009.
It Is the desire of JCMRC to conduct additional feasibility level work on coastal processes
to assist In Identifying potential alternatives that could be considered for restoration of
nearshore beach processes, as well as for improvements to the boating facility. The goal
of this assessment Is to evaluate nearshore beach and coastal processes as they relate
to the sediment transport, existing pier structure and boat ramp structure, and to assist
In determining potential restoration opportunities that should be considered during the
project work.
Assumptions
. Collection of new data Is not a part of this phase of the project. JCMRC is to
provide assistance to CHE in acquiring existing data from Parks and CIty archives.
this will include facility Improvement di'awln~, ground level photographs, aerial
photographs, and a description of historical construction work conducted at the
site.
. Regulatory permitting and engineering design are not a part ofthls phase of the
project.
Scope Tasks
Task 1 Exlstl",'! Data Collection
The goal of this task is to assemble a comprehensive set of existing data for conducting
the pre-feasibility analysis and evaluation of potential alternatives:
. Review previous phase work by CHE.
. Coordinate with JCMRC regarding existing data needs.
. Vis.1t historical museum and Parks archives to obtain historical photographs,
engineering plans, and survey data for use in conducting the evaluation.
. Purchase historical aerial photography (up to four photos) from publlcally
available sources.
ExhibIt A to COIdJacl wfJCMRC, June 2011
1
CHE Scope of Services
EXHIBIT A
SCOPE OF WORK
Fort Worden State Park
Marine ScIence Center Pier and Boat Ramp Facilities
Preliminary Level Coastal Processes Assessment
Eastern Jefferson Counw, WA
· Collect existing coastal processes reports and data from CHE archives for nearby
similar projects.
· Assemble and summarize data for use In conducting the analysis.
Task 2 Coastal Processes Analvsls
The goal of this task is to develop an understanding of the physical processes affecting
the project site to aid In developing potential restoration alternatives. This task Includes
the following work:
· Develop an extreme wave climate (2-year and 50-year) offshore from the project
site using local wind data sources for use in evaluation of coastal processes.
· Conduct a review of coastal geomorphic processes for the project site based on a
combination of site reconnaissance, review of historical aerial photographs, and
wave climate.
Task 3 Review of Alternatives
The goal of this task is to conduct a pre-feasibility review (In coordination with JCMRC)
of potential alternatives for nearshore restoration and boating facility Improvements.
this task includes the following work:
· Develop and coordinate with JCMRC potential restoration and boating facility
Improvement alternatives for the facility utilizing the information obtained In
Tasks 1 an(j 2 and previous CHE coastal engineering experience.
· Alternatives to be reviewed could Include sediment bypass systems, breakwater
modification, boat ramp reconstruction, and pier modification.
· Develop schematic-level graphics and pre-feasibility level range of costs for
potential restoration and boating facility Improvements.
Task 4 ReDortimt
The goal of this task Is to provide a summary of the analysis results through discussion in
an in person meeting and a written summary. this task Includes the followin~ work:
· Develop a summary technical letter or PowerPolnt presentation summarizing the
results of the feasibility study.
· Develop a description of project objectives and project goals to be used by
JCMRC in discussion with project stakeholders.
· Outline and describe the next steps for project Implementation including new
data collection requirements, engineering analysis, regulatory permitting, etc.
· Attend one meeting with JCMRC and project stakeholders to discuss the results
of the project.
ExhIbit ^ to contract w1JCMRC. June 2011
2
CHE Scope of Services