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HomeMy WebLinkAbout102615_ca10Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director / County Engineer Agenda Date: October 1�J 20 5 Subject: Community Planner/ Landscape Architect Professional Services Agreement for Quilcene Complete Streets Project Statement of Issue: Professional Services Agreement with Fischer Bouma Partnership of Bainbridge, WA, for providing Community Planner/ Landscape Architect Professional Services for the Quilcene Complete Streets Project. Analysis /Strategic Goals /Pro's ft Con's: This project is included in the officially adopted 2015 -2020 Transportation Improvement Program as Item No. 14 as well as in the 2015 Annual Construction Program as Item No. 12. This project is funded through a WSDOT Pedestrian 8: Bicycle program whose objective is to improve the transportation system so as to enhance safety and mobility for people who choose to walk or bike. This agreement will provide Community Planner/ Landscape Architect Professional Services by Fischer Bouma Partnership, for the Preliminary Engineering, Pre - Design phase. The required services for this project consist of: Review of previously gathered community input and completed ROW /topographic survey; Facilitation of both community design charrettes; Coordination with the Design Team to strategically develop appropriate presentation materials /strategy for the first community design charrette; Generation of design concepts; Production of comprehensive schematic design level visualization/ presentation for the second community design charrette. Fiscal Impact /Cost Benefit Analysis: This Professional Services Agreement, for Community Planner/ Landscape Architect services, is for $18,000.00 This project is funded by an $884,165 WSDOT Pedestrian 8: Bicycle Program grant. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Agreement with Fischer -Bouma Partnership, and return (2) signed originals to Public Works (attn. Eric Kuzma). Department Contact: Eric Kuzma, Project Manager, (360) 385 -9167 Reviewed By: p Mo , County Adm'nis for Date PROFESSIONAL SERVICES AGREEMENT FOR COMMUNITY PLANNER/ LANDSCAPE ARCHITECT SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Fischer -Bouma Partnership, 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 provide Community Planner/ Landscape Architect professional services for Jefferson County's Quilcene Complete Streets Project, funded by the WSDOT Pedestrian and Bicycle Program. The Quilcene Complete Streets Project is located in Quilcene, Washington, along US Hwy. 101, approximately between Center Road and the Quilcene Community Center. The intent of this project is to improve pedestrian and bicycle safety along this portion of US Hwy. 101. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 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 listed on 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 "E" attached hereto, provided that the total amount of payment to Consultant shall not exceed $18,000.00 without express written modification of the agreement signed by the County. b. The consultant may submit itemized invoices to the County once per month during the progress of work for payment of project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. 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 three (3) years after final payments. Copies shall be made available upon request. CONSULTANT AGREEMENT PAEric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer - Bouma \Contract\Professional Services Agreement.docx rev. 3/31/2014 Page 1 of 11 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 attorney's 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 minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial 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 with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an 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 of the 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; 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. CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quileene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect \Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 2 of 11 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 extra hazardous contracts and specific service agreements. Any insurance coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. 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. CONSULTANT AGREEMENT PAEric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 3 of 11 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. 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. 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. 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. CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 4 of 11 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: Fischer Bouma Partnership 310 Madison Ave. South Suite A Bainbridge Island, WA 98110 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. CONSULTANT AGREEMENT PAEric K \(A) Projects \Quilcene Complete Streets\Project Management \Consultants \Urban Planner - Lanscape Architect\Fischer- Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 5 of 11 DATED this SIGNATURE PAGE day of SIGNATURE PAGE er �ov�•w P0,„fI,wr111 Consultant (Please print) Jxffi-ei k Booueug Consultant's Name (Please print) Consultant's Signature /0 // &7 An e 5-- Date 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only: vi d Al Date puty P(Osect ting Attorney Monte Reinders, P.E. Date Public Works Director /County Engineer CONSULTANT AGREEMENT PAEric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 6 of 11 Exhibit A Scope of Work for Fischer Bouma Partnership for Quilcene Complete Streets Project Overview The project is located in Quilcene, Washington, along US Highway 101 (approximately from the US Bank to the Community Center). The goal is to compose a streetscape, in consideration of the available budget, which alleviates safety concerns, reinforces a sense of place and has the potential to spur economic development. Per the grant scope, the project development phase includes two charrette -style workshops that offer the opportunity for design visualization and consensus building among residents, adjacent business owners, and WSDOT, utilizing amongst other strategies, Context Sensitive Solutions. The following document outlines the Fischer Bouma Partnership scope of the work for the project and includes tasks, sub - tasks, deliverables and meetings. Task 1- Project Initiation Subtasks: • Attend kick -off meeting and combined Site Visit with Public Works and consultant `Design Team' (FBP, SCJ Alliance, JCPW) • Review previously gathered community input and ROW /Topographic survey • Participate in a site visit for purposes of analyzing the project site • Develop analysis diagrams and assemble "issue" photos from site visit Deliverables: • None Meetings (1): • Design Team kick -off meeting and combined Site Visit Task 2 — Facilitate Charrette #1 Subtasks: • Prepare materials for Charrette #1 • Attend preparation meeting with Design Team • Attend Charrette #1 and facilitate discussion of existing issues and opportunities • Provide follow -up summary of meeting Deliverables: • Site analysis (from Task 1) presentation boards • Additional Charrette #1 presentation boards /materials (eg. images of existing site conditions (in .PPT format), generic images of possible components /solutions, etc.) • Meeting minutes and graphics developed during Charrette #1 CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer - Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 7 of 11 Meetings (2): • Design Team preparation meeting for Charrette 91 • Community Design Charrette #1 (based upon assumption of a 3 -hour meeting) Task 3 — Generate Design Concepts Subtasks: • Coordinate with Design Team • Develop preliminary concept design alternatives for internal Design Team review • Revise concepts for use in Charrette #2 • Develop a "before and after" digital simulation specific to the project • Generate materials for Charrette #2 Deliverables: • Preliminary concept alternatives for internal review • Refined concepts for use in Charrette #2 (ie. plan, section, concept visualizations) • Digital "before and after" simulation Meetings: • None, coordination digitally and by phone Task 4 — Facilitate Charrette #2 Subtasks: • Prepare presentation materials for Charrette #2 • Attend preparation meeting with Design Team • Attend Charrette #2 and facilitate discussion of proposed improvements • Provide follow -up summary of meeting Deliverables: • Charrette #2 presentation boards /materials • Meeting minutes and graphics provided for Charrette #2 Meetings (2): • Team preparation meeting for Charrette #2 • Community Design Charrette #2 (based upon assumption of a 3 -hour meeting) Future Tasks For Which Consultant May Be Retained For: • Additional Design Consultation and /or Production during remaining PE Phase CONTRACT COMPLETION DATE SHALL BE: 12/31/17 CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 8 of 11 Exhibit E Fischer Bouma Partnership Consultant Fee Determination Labor S Fischer J Bouma Staff Total FBP $125.00 $125.00 $80.00 Task #1 - Project Initiation Kick -off meeting with client and consultant team 2 2 4 Review previously gathered community input and land survey 2 6 8 Site Visit & Analysis, including development of diagrams 4 4 12 20 Subtotal Hours - Task 1 8 12 12 32 Total Labor Fee- Task $1000 $1,500 $960 $3,460 Task #2 — Facilitate Charrette #1 Preparation of materials for Charrette #1- plotting and boards 1 3 4 8 Preparation meeting with client and consultant team. 2 2 4 Charrette /Public Meeting #1, prep, attend, follow -up 7 7 6 19 Subtotal Hours - Task 2 10 12 10 32 Total Labor Fee - Task 2 $1,250 $1,500 $800 $3,550 Task #3 - Generate Design Concepts Coordination with design team 1 3 4 Concept Designs- preliminary for team 8 4 4 16 Review of Concept Design by client and team, review 1 1 2 Schematic Designs- Revision to Concept Designs 8 4 12 Develop "Before & After" digital simulation 10 10 Production /rendering /labeling, etc. 1 4 8 13 Subtotal Hours - Task 3 19 26 12 57 Total Labor Fee - Task 3 $2,375 $3,250 $960 $6,585 Task #4 — Facilitate Charrette #2 Preparation of materials for Charrette #2- plotting and boards 1 3 4 8 Preparation meeting with client and consultant team. 2 2 4 Charrette /Public Meeting #2, prep, attend, follow -up 7 7 6 19 Subtotal Hours - Task 4 10 12 10 32 Total Labor Fee- Task $1,250 $1,500 $800 $3,550 TOTAL HOURS 47 62 44 153 TOTAL LABOR FEE $5,625 $7,500 $3,520 $17,145 EXPENSES- Plotting, Printing, Travel, Supplies for Charrettes (5% labor) $855 TOTAL FEE (LABOR + EXPENSES) $18,000 * Travel time will not be invoiced to keep project cost down CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 9 of I Exhibit F (Fischer Bouma Partnership 2015) Breakdown of Overhead Cost WFISCHER • BaUNiA P A R T N E R S H I P September 18, 2015 Eric Kuzma Architect/Engineer III Jefferson County Department of Public Works 623 Sheridan Street Port Townsend, WA 98368 RE: Quilcene Complete Streets Project - Billing Rates Dear Eric, Please consider this letter to be a statement of rates for Fischer Bouma Partnership. The rates listed are for landscape architecture and community planning for the Quilcene Complete Streets project in Jefferson County, Washington. Fischer Bouma Partnership consists of a staff of (3) persons with no calculated overhead rates. Our firm charges a flat hourly fee for services that is all- inclusive of direct salary, overhead and fee for Professional Services. We confirm that all direct non salary costs will be invoiced without mark -up. Listed below are the owners or employees that could be authorized to work on this project and associated rates: Name Role Hourly Rate Sandy Fischer Project Director 5150 (Reduced to $125) Jeff Bouma Project Manager $125 Jeff Peterson Staff $90 Thank you for the opportunity to work on this important project with Jefferson County. Sincerely, Jeff Bauma, RLA Sandy Fischer, RLA 3 1 Q Mi,IiSc ri rift! 5Siu(h, ;,ultP, h 35110k Phviie:; 1 206 7110 565 1 CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets \Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer - Bouma \Contmct\Professional Services Agreement.docx rev. 3/31/2014 Page 10 of 11 nc R CERTIFICATE OF LIABILITY fly SU CE 3' 7/2015 , � 3,�a.�j2m�ls Seattle VA 98101 iM A 4ealti —T a>mm co L1000 WORM i d -. �5 Pxppexty Camualty PrISCEER BOUNA RLLr, iM L 310 MEDISUR xV2 , SUMM A m. �N WA 98110 ix uvte e _ COVERAGES CERTW=1FEi! UNfflER.1ZL72-S0261B REMON f UMBER: TWO 13 TO CERnFY THAT THE FOLICIE3 OF MMIRA=E U3TiE3 13ELOW EINAIE eEm usaaw To T14E 013URsD muiED AeawE Faft T'3iE PaurY Facou, IMMrAiTEDt fA>ySilMf£3TAMMMS ANY REOUIREMEW. TOM OR CDCG>nriSitiMN OF AW CaN "+TRACr OR aTiY-7ER -DOiCUNENT WTrH REWECT -M WH X3i'. T&33 CE 71RflCATE MAY BE ESUED OR MAY MUM, THE INSURANCE. 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CORD CORPORATION- Ail TM�ft FSSSIVBd- CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Quilcene Complete Streets\Project Management \Consultants \Urban Planner - Lanscape Architect\ Fischer -Bouma \Contract \Professional Services Agreement.docx rev. 3/31/2014 Page 11 of 11