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HomeMy WebLinkAbout020915_ca03Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners From: Monte Reinders, Public Works Director Agenda Date: February 9, 2015 Subject: Consultant Agreement with Green Solutions, Jefferson County Solid Waste Management Plan Statement of Issue: This Agreement is to provide assistance to the Public Works Department's Solid Waste Division and to the Solid Waste Advisory Committee in revising the 2008 Solid Waste Management Plan (SWMP). The creation, maintenance and contents of a SWMP are a requirement of RCW 70.95. The Washington State Department of Ecology (ECY) is charged with approving plans and produced planning guidelines in February 2010 (Publication No. 10 -07 -005) that provide the basis for local plan development, review and approval. The law prescribes plan review and Ecology approval every 5 years, and Ecology grant funding for solid waste activities is contingent upon an approved plan. Analysis /Strategic Goals /Pro's £t Con's: This project supports Jefferson County Comprehensive Plan, Goal EDG 6.0 "Encourage and support appropriate rural economic development throughout Jefferson County," Policy EDP 6.7 "Encourage local recycling industries," Goal UTG 7.0 "Provide solid waste facilities and programs that are efficient, and which utilize recycling to the maximum extent practicable," and Policies UTP 7.1 to 7.8. Fiscal Impact /Cost Benefit Analysis: The cost for this work is included in the 2015 Solid Waste budget for Professional Services. The project costs are based on negotiated rates consistent with market rates for similar consulting services, with a maximum not to exceed $38,500 for the term of the project. Department of Public Works O Consent Agenda Page 2 of 2 Recommendation: We recommend that the BOCC approve the Agreement with Green Solutions for consulting services on the 2015 SWMP revision, sign the three original Agreement documents, and return two to Public Works. Reviewed By: � Z 2 -31.�' Philip Mor ey, un ' strator Date PROFESSIONAL SERVICES AGREEMENT FOR SOLID WASTE MANAGEMENT PLAN CONSULTING SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Green Solutions, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. tion. The Consultant is retained by the County to assist in developing a revised Solid Waste Management Plan. 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 as identified in Exhibit "A ". 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 $38,500.00 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, up to 80% of total project costs, except that all "other expenses" shall be paid in full as incurred and approved. 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. 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. GAPW_Solid Waste \New File System\SWMPSWMP 2014 \Consuttant\2015 Prof Svs Agreement Green Solutions - modified insurance.docz Page 1 of 5 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. 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 injury 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. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: 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, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimums) as established by the State of Washington or the state or province where the Consultant is located. 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. General Commercial Liability Insurance 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. The County shall be named as an additional insured party under this policy. 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 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. GAPW_Soliid WasteNew File System\.SWN SWNP 2014\Consuhaet\2015 Prof Svs Agreement Gnu Solutions - modified insurance.docx Page 2 of 5 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. 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. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Chapter 48.62 RCW shall be non - contributory with respect to any policy of insurance the Contractor must provide in order to comply with 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 fee, commission, percentage, brokerage fee, gift, or contingent fee. G:TW_Solid WasWNew File System\S WMPSWMP 20 MConsultanO015 Prof Svs Agreement Gran Solutions - modified insurance.docx Page 3 of 5 11. 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. 12. Assignment. 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. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works /Solid Waste 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Green Solutions P.O. Box 680 South Prairie, WA 98285 -0680 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. G:`PW_Solid Waste�New File System,SWMMWMP 2014`,Consultant 2015 Prof SvsAgreement Green Solutions - modified insurance.docx Page 4 of 5 DATED this day of 12015. Name of Consultant i C 14 Consultant /Representative (Print) (Signature) �y1ti.Civ��.1 Title Date JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kier, Member Approved as to form only: L.,Q 1 Z7 19 David Alvarez Date Deputy Prosecuting Attorney z�A 15 Monte ein ers, E. Date Public Works Director /County Engineer G:\PW_Solid Waste \New File System \S WMP\SWMP 2014\Consuham'2015 Prof Svs Agreement Green Solutions - modified insurance.docx Page 5 of 5 Exhibit A SCOPE OF WORK TO REVISE THE JEFFERSON COUNTY SOLID WASTE MANAGEMENT PLAN BETWEEN: JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS SOLID WASTE DIVISION ErkI 7 GREEN SOLUTIONS South Prairie, WA JANUARY 2015 G:\PW_Solid Waste \New File System \SWMP \SWMP 2014 \Consultant \Exhibit A Scope of Work.docx SCOPE OF WORK Introduction The current Jefferson County Solid Waste Management Plan (SWMP) needs to be updated for changes that have occurred since the plan was adopted in April 2008. The 2008 Plan still reflects current solid waste operations but certain changes in land use and the consequences of aging facilities prompt an expanded discussion of the 6 -year and 20 -year planning horizons. WA Dept. of Ecology staff have recommended that a revision to this Plan best meets the intent of its February 2010 Guidelines. Scope of Work The objective of this project is to assist in developing a revised SWMP for Jefferson County. The Contractor's services shall include preparing revisions to the existing plan, ensuring the revised plan is compliant with Washington State regulations, and reviewing proposed revisions with the Solid Waste Advisory Committee (SWAC) and other stakeholders. The following general activities will be undertaken to produce the revised SWMP: • Address the effect of new regulations that have been adopted since 2008. • Research and incorporate updated data and technologies where needed. • Lead the completion of the WUTC Questionnaire. • Assist in the SEPA Compliance process, as required. • Assist in revising Plan organization and content. • Assist in developing program implementation content for prioritized recommendations. The process for preparing the Plan Revision will be as follows: 1. Sections of the revised plan will be reviewed with Staff and with the SWAC (or a sub- committee) over the course of five monthly meetings. The first meeting will focus primarily on the overall vision and goals for the SWMP, the scope of proposed changes to the plan and the process for revising it. Subsequent meetings will focus on proposed revisions as listed in Table 1. 2. SWAC meetings can be used to review waste reduction and recycling programs, waste collection and disposal methods, moderate risk waste (MRW) and special wastes, administrative and regulatory programs, and finally a complete draft of the plan including the summary, capital financing plans and attachments as needed. 3. A public review process will be conducted for the revised plan; the need for additional approvals and reviews (such as SEPA) will be determined and scheduled by staff. G:\PW_Solid Waste \New File System \SWMP \SWMP 2014 \Consultant \Exhibit A Scope of Work.docx 4. Final adoption of the plan by the County and the City of Port Townsend, following normal municipal procedures, followed by final approval by Ecology (this step is assumed to not require much involvement by the Consultant as dependent on the nature and degree of comments by Ecology). GAPW_Solid Waste \New File System \SWMP \SWMP 2014 \Consultant\Exbibit A Scope of Work.docx TABLE 1 SOLID WASTE MANAGEMENT PLAN — REVISION TOPICS 2015 TOPIC NEED /STATUS VISION AND GOALS Vision A focused vision for service to the community while striving toward the State's Beyond Waste vision. Manage the waste stream in a fiscally and environmentally responsible manner while ensuring the health and safety of the community. Goals To develop goals for each solid waste program that support fiscally sound, environmentally responsible and compliant solid waste management. Review alignment of goals with the State's Beyond Waste Plan. PLAN STRUCTURE Make the Executive Summary more Lacks focus; over - reliance on repetition of all effective recommendations; remove general preambles; focus the text on higher priority recommendations that will be implemented in the next 5 to 10 year cycle; balance priorities between programs; add a stronger plan implementation summary (cost/timeline). Add a summary of the 6 -year capital plan and 20 -year program plan. Expand Program Implementation A stronger section on planned financing, 6 -year capital plan and 20 -year programming. Individual Chapters General update of existing conditions; put detailed siting factors in Appendix (see Land Use Changes). Clearer articulation of Needs; which should be distinguished from Opportunities. Discussion of alternatives should focus on defined needs; eliminate broader academic discussion of elements not relevant to this community. Program recommendations to be derived from and supported by established Needs. Recommendations listed in order of priority, and provide criteria for prioritization. Align County recycle/diversion rate goals with State. Waste Reduction Tie County's effort to state level initiatives — acknowledge that `upstream changes" will be beyond control of small rural counties. Recycling Eliminate references to mixed waste. Composting Delete reference to composting mixed solid waste; needs for food waste composting; reference private initiatives and goals; City to review. Collection/In -Count Transfer De-emphasize reference to Service Level Ordinance. Disposal Eliminate incineration (unlikely to happen); End -life planning for monitored landfill; Re -frame issue of old pre - regulation dumps; G: \PW_Solid Waste \New File System \SWMP \SWMP 2014 \Consultant \Exhibit A Scope of Work.docx Regulation/Administration Add enforcement responsibilities by County departments. Special Waste Review acceptance criteria at Roosevelt Landfill for a wide variety of Special Waste (asbestos, contaminated soil /gravel, creosote/lead contaminated materials, tires, animal carcasses etc); De- emphasize Ag -waste stream in this county; Focus Green Building on the private sector; De- emphasize land - clearing debris (see Compost); Include Wood Waste as subset of C &D waste. CORRECTIONS TO DATA/PROGRAMS Population Projection Based on 2010 census as adopted by City /County; conform to projections. Tonnage projections et al. Staff — match with population/demographic trends and defined levels of service. Update Programs Review and update scope and players for both county and private industry programs for recycle, MRW, composting. Update Programs Impact of extended Producer Responsibility programs; and other potential nationwide initiatives. Update Programs Review and update education programs in progress and Tanned Update Programs — recyclables list Add additional plastics; review potential technologies (plastics to oil). Update Programs Evaluation of alternatives for food waste composting, and implementation. LONG -TERM FACILITY PLANNING Land Use Changes Loss of 80 acres at the landfill site; possible acquisition of DNR property; assessment of other parcels with potential for future expansion; criteria for and barriers to selection. Facility Siting Estimates of current capacity and condition; Level of Service L.O.S. definitions for alternative programs and population centers; Tri-Area UGA; Quilcene drop -box site. Facilities Age and condition of current Facilities (recycle, MRW, Transfer, Compost); adaptability to future needs. LONG -TERM PROGRAM PLANNING Solid Waste Consider Facilities (above); renewal of long -haul and disposal contract by March 2019 Solid Waste Update waste stream analysis and evaluate costibenefit of diversion of additional materials (private or county) such as CDL waste. Solid Waste - Disaster debris stockpiling and removal - Responsibility /funding for derelict vessels and vehicles - Special waste profiling and landfill disposal. GAM—Solid Waste \New File System \SWMP \SWMP 2014 \Consultant \Exhibit A Scope of Work.docx 4 , Recycling Consider Facilities (above); renewal of recycling contract by March 2021; consider cost effectiveness and need to modernize facility. MRW Location; role of collection events vs additional fixed collection points. Public Outreach Technologies for effective education and roles of municipal/private organizations; active partnerships possible; encourage public participation in policy making; implement data tracking and outcome evaluation. Adoption of "Beyond Waste" initiatives in State planning cycle Adjust existing County /City programs as appropriate or initiate new programs where possible. SOLID WASTE FEE STRUCTURE Ordinance - Benchmarks Update with 2013 Fee Ordinance and use of benchmarks for future fee analysis; Funding Options Identify periodic rate studies. Discuss, set criteria for evaluating other fee models. Assess the benefit of charges for solid waste services other than waste disposal. GAPW_Solid Waste \New File System \SWMP\SWMP 2014 \Consultant\Exhibit A Scope of Work.docx • 4 Exhibit B CONSULTANT FEE SCHEDULE Solid Waste Management Plan Table 1 provides a summary of the Consultant Fee Schedule for assistance in the revision of the 2008 Jefferson County Solid Waste Management Plan. Table 2 provides Consultant unit rates used as the basis for Table 1 Fees. Table 1— Consultant Schedule of Charges Category Unit Cost 2015 2016 TOTAL Salary Cost $31,575 $1,000 $32,575 Reimburseables $3,500 $500 $4,000 TOTAL Fees $35,075 $1,500 $36,575 5% Contingency $1,925 Total Project Not -to- Exceed Cost $38,500 Table 2 — Unit Costs Category Unit Cost SALARY COST $95 per hour OVERHEAD (OH) Included above FIXED FEE (FF) 0% REIMBURSEABLES Invoiced at Cost GAPW_Solid Waste \New File System \SWMP \SWMP 2014 \Consultant\Exhibit B Fee Schedule.docx