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HomeMy WebLinkAbout120511_ca02 v Consent Agenda ~~,co~, JEFFERSON COUNTY PUBLIC HEALTH ~.i~.o:'" 615 Sheridan Street. Port Townsend' Washington' 98368 www.Jeffersoncountypubllchealth.org November 1, 2011 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jean Baldwin, Director Tami Pokorny, Envlronmental Health Specialist DATE: SUBJECT: Consent Agenda Item - Personal Services Agreement with Stratum Group to conduct Phase I Envlronmental Site Assessments for Dosewalllps Floodplain Acquisition IIi Upon Notice - December 31, 2011 - $800. SlATEt!lENT OF ISSUE: Jefferson County Public Health, Water Quality Division, Is requesting Board approval of a Personal Services Agreement with Stratum Group, Upon Notice - December 31, 2011 - $800. ANAL YSIS/STRATEGIC .GPALS/PRO'S and CON'S: Water Quality Division requests Board approval of a Personal Services Agreement with Stratum Group to evaluate and develop a report on two parcels near Brlnnon, WA by Phase I Environmental Site Assessment (ESA). The evaluations are In connection with a salmon recovery project In the DosewallIps watershed. Stratum Group was selected from proposals received through the Small Works Roster. Stratum Group bId the project at a reduced rate consistent with their policy to fadlltate projects that benefit the public. A Phase I ESA was completed for APN #602344015 In September 2010. This report will provide updated Information on that parcel as well as new Information on APN #602344023 In response to the land owner's expressed willIngness to sell both parcels. ,F1SCAL.IMPACTLCOST BENEFIT ANALYSIS: This contract Is funded by a SRFB grant (#06-2288A). Matching funds have been provided through the value of parcels previously acquired on the Dosewalllps floodplain. COMMUNITY HEALTH DEVELOPMENTAL DISABILITIES MAIN': 360385-9400 F f.X;' 36(}365-9401 PUBLIC HEALTH ALWAYS WORKING FOR A SAFERAJjQ HEALTHIER COMMUNITY ENVIRONMENTAL HEALTH WATER QUALITY MAIN: 360385-9444 FAX: 36(}3794487 Consent Agenda RECOMMENDATION: JCPH management requests approval of the Personal Services Agreement - Stratum Group, Upon Notice - December 31, 2011 - $800. BEVIEWED BY: III~ Date "'", .. PERSONAL SERVICES AGREEMENT Between Stratum Group And Jefferson County TIllS AGREEMENT is entered into between the County of Jefferson a municipal corporation, hereinafter referred to as ''the County", and Stratum Group, hereinafter referred to as "the Contractor", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Desitmlltion. The Contractor is retained by the County to evaluate and develop a report on certain property near Brinnon, W A by Phase I Environmental Site Assessments (ESA) in conformance to the Federal Standards and Practices for All Appropriate Inquiries (40 CFR Part 312) and following the methodology described in ASTM Standard Practice E-1527-05. The evaluations are in connection with salmon recovery projects in the Dosewallips watershed. 2. Scone of Services. Contractor agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment, and supplies. Work shall be performed only by experienced environmental professionals with sufficient training and ability to conduct site reconnaissance and the ability to identify Recognized Environmental Conditions (RECs). 3. Time for Performance. This Agreement shall commence upon Contractor's receipt of a Notice to Proceed and continues through December 31, 2011 unless terminated as provided herein. The agreement may be extended beyond December 31, 2011 upon mutual written consent of the County and the Contractor. 4. Payment. The Contractor shall be paid by the County for completed work and for services rendered under this agreement as follows: Contractor shall submit Invoices to the County upon completion of the Services, or if Services extend beyond 30 days, on a monthly basis for the preceding months work. The total amount of payment to Contractor shall not exceed $800.00 without express written modification of the agreement signed by the County. The Contractor shall perform all the work listed and any other supplemental or additional work mutnally approved in writing by the parties. 1 ",," " a. Funds for this work are being provided by the Dosewallips Floodplain Acquisition II project (SRFB #06-2288A). In the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement, this contract may be renegotiated or terminated as provided herein. b. Final payment of any balance due the Contractor of the total contract price earned will be made upon ascertainment by the County that the Contractor's work done pursuant to this Agreement is both complete and acceptable to the County but in no event later than within 30 days of the date of Contractor's sole or fina1 invoice. c. 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. The Contractor'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 six (6) years after fina1 payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Contractor in connection with the services rendered under this agreement sha11 be the property of the County whether the project for which they are made is executed or not. The Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference, and use in connection with Contractor's endeavors. 6. Compliance with laws. The Contractor shall comply with all federal, state, and local laws and ordinances applicable to the work to be done under this Agreement This Agreement shall be interpreted and construed in accord with the laws of the State of Washington and venue for any litigation arising from this contract sha11 be in the Superior Court of Jefferson County, W A. 7. Indemnification. The Contractor 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 Contractor's negligence or breach of any of its obligations under this Agreement; provided that nothing herein shall require a Contractor to 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 Contractor's agents or employees; and, (b) the County, its officers, employees and agents, this indenmity provision with respect to claims or suits based upon such negligence, andlor the costs to the County of defending such claims and suits, etc., shall be valid and 2 ~ o. enforceable only to the extent of the Contractor's negligence, or the negligence of the Contractor'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. The Contractor specifically assumes potential liability for actions brought against the County by Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions ofR.C.W. 4.25.115 and was subject ofmutuaI negotiation. 8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A:Vll. The Contractor shall provide to the Jefferson County Public Health, clo Contracts Administrator, 615 Sheridan St., Port Townsend, W A 98368 certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. a. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. b. General Liability (1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual!Commercial Liability including completed operations (Contractors only); 4. Premises - Operations Liability (M&C); and 5. Blanket Contractual Liability. (l)Note: 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: 3 .. '" '" Certificate of Insurance . Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. c. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles; and, 3. Non-owned automobiles. (2) Note: The County shall be named as an additional insured party under this policy. The insurance policies required shall provide that thirty (30) days prior to cancellation, snspension, reduction or material change in the policy, notice of same shall be given to the County by registered mail. return receipt requested, for all of the above-stated insurance policies. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim admini..u-ation and defense expenses. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due the Contractor. All notices shall name the Contractor and identifY the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. The Contractor shall fumishseparate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein, i.e., if the Contractor uses Subcontractors to perform any or all of its obligations under this Agreement, then the Contractor shall require the same insurance limits and the same proof of insurance of any of its Subcontractors that the County is requiring of the Contractor. Failure of the Contractor to take out andlor maintain any required insurance shall not relieve the Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. 4 . ... 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 Contractor. 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 Contractor until such time as the Contractor shall furnish additional security covering such judgment as may be determined by the County. 9. Indenendent Contractor. The Contractor and the County agree that the Contractor 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 Contractor nor any employee of Contractor 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 Contractor, or any employee of Contractor. Except as provided in Exhibit "A", the Contractor shall not sublet or assign any of the services covered by this contract without the express written consent of the County or its authorized representative. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 10. Discrimination Prohibited. The Contractor, 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. 11. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death ofamember, partner or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor 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 5 . ~ renegotiations of this agreement between surviving members of the Contractor and the County, if the County so chooses. Intel!l'ated Agreement. lbis Agreement together with attachments or addenda represents the entire and integrated agreement between the County and the Contractor and supersedes ail prior negotiations, representations, or agreements written or oral. lbis agreement may be amended only by written instrument signed by both County and Contractor. DATED this day of ,20 By John Austin, Chair By JFJ~c-, Contractor Dan McShane, L.E.G Stratum Group PO Box 2546 Bellingham, W A 98227 ommissioners Approved as te form only: 1/ /120 'I leffenon Co. Pro . "11 Office Attest! Authenticated: Elizabeth Hill Clerk of the Board 6 .. Exhibit A Scope of Work Project Tasks: Task 1: Phase I Site Assessments and ReDort Subtask 1.1: Site Assessments For the following property: Dosewallips Watershed . "Bradford" portion of Coone Property south of the Dosewallips River - Jefferson County APN 602344015 and 602344023 Contractor will prepare a combined P_ I ESA report for each property from information gathered from site visits, interviews, databases, assessor files, reports, photographs, maps, and other sources. Contractor will purchase an EDR report to serve as the basis for identifYing nearby site issues and regulatory file database issues including the following subtasks: a) Conduct a site visit to observe existing site conditions, structures and uti1ities, and to observe activities at neighboring properties; b) Interview current owners and other persons known to have knowledge of the property and property history to glean additional information about former site uses, based on contact information provided by the County; c) Contact govermnent agencies such as Jefferson County and Town of Brinn on and review tax assessor files; d) Contract for an Environmental Data Resources (EDR) report to serve as a basis for identifYing nearby site issues and regulatory file database issues; e) Review reasonably ascertainable and standard environmental record sources in an effort to identify recognized environmental conditions (RECs) in connection with the subject property; t) Conduct a review and assess site history by utilizing a combination of historical aerial photographs, historical USGS topographic maps, historical Sanborn fire insurance maps (if available) and historical directory listings (if available); g) Contact the Department of Ecology (Ecology) Southwest Regional Office to inquire about any information in their records regarding each property and the adjacent parcels. Review 7 ". .. - publicly available regulatory fePOrts filed with Ecology concerning issues with each property or pertinent properties identified in the BDR report; and h) Review other reasonably obtainable public records (i.e., Puget Sound Archives, local fire department records, historical societies) to fill site history data gaps. Subtask 1.2: Phase I ESA Report Contractor will prepare a report summarizing the results of data research, site observations, interviews, and file review. The report will include an evaluation regarding the potential for on-site and off-site RECs to impact the property. Based on the findings of the Phase I ESA, Contractor will provide a recommendation if follow-up Phase II ESA environmental sampling is warranted. The report will be provided in draft form for review and comment by Jefferson County and the Contractor will provide a final version in both hard copy (2 copies) and electronically in PDF format. The report will summarize findings and conditions at the property and will be consolidated into a single fePOrt. The Contractor will also complete the Property Assessment Checklist for Hazardous Substances Certification required by the SRFB. 8