HomeMy WebLinkAboutFischer - Bouma Partnership - Quilcene Complete Streets ProjectPROFESSIONAL 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.
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. Scone 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.
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 three (3) years after final
payments. Copies shall be made available upon request.
CONSULTANT AGREEMENT
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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.
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
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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 famish
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
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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 terns 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
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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
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DATED this
SIGNATURE PAGE
SIGNATURE PAGE
day of 120 157.
e, o P*..ty,w�t„p
Consultant (Please print)
Consultant's Name (Please print)
Consultant's Sign rata e
/o// 9 190 (5-
Date
5
Date
JEFFERSON COUNTY
BOARD OF CO MISSIONERS
ZZf.
David Sullivan, Chair
Phil IohnsoiY, Member
w1 "w �-k
Kathleen Kler, Member
Approved as to form only:
13
Date
Attorney
Monte Reinders, P.E. Date
Public Works Director/County Engineer
CONSULTANT AGREEMENT
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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
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Meetings (2):
• Design Team preparation meeting for Charrette 41
• 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
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Exhibit E
Fischer Bouma Partnership
Consultant Fee Determination
Labor
S Fischer
$125.00
J Bouma
$125.00
Staff Total „
$60.00 FBP
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- Task3
19
26
12
57
Total Labor Fee- Task
$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 4
$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
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Exhibit F
(Fischer Bouma Partnership 2015)
Breakdown of Overhead Cost
�F[SCHER BOUMA
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 Bouma, FLA
Sandy Fischer, RLA
CONSULTANT AGREEMENT
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Department of Public Works
O Consent Agen a
Page 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director / County Engineer L�
Agenda Date: October, 2015
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 8 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 Fisch r
Bouma Partnership, for the Preliminary Engineering, Pre -Design phase. The required services for t is
project consist of: Review of previously gathered community input and completed ROW/topograp is
survey; Facilitation of both community design charrettes; Coordination with the Design Team to
strategically develop appropriate presentation materials/strategy for the first community desi}in
charrette; Generation of design concepts; Production of comprehensive schematic design le el
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:
Li li
p Mo ,County AdmLnistator
Date
CONTRACT REVIEW FORM
CONTRACT WITH: Fischer — Bouma Partnership
(Contractor/Consultant)
CONTRACT FOR: Community Planner/Landscape Architect Professional Services TERM: 12/3 /17
COUNTY DEPARTMENT: Public Works
For More Information Contact:
Contact Phone #:
RETURN TO: Tina
in
Eric Kuzma
(360) 385-9167
9 k
i.�
RETURN BY: 1 flAi
AMOUNT: $18,000.00 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
33403.61
180.000.010.59500.41
No
W
Exempt from Bid Proce�
X Consultant Selection Pr ess
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW B Mlpff
Review by:/, rj'� Philip Morley
Date Reviewed:
APPROVED FORM Returned for revision (See Comments)
CO ments
Step 2:
REVIEW BY
Review by:
Date Reviewed:
APPROVED AS TO FORM
ii%mments
ATTORNEY
for revision (See
David
Step 3: (If required) DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
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Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS���q
Step 5: SUBMIT TO BOCC FOR APPROVAL
OCT1 2 LQ�5
Submit originals and 7copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here' markers on all places the BOCC needs to sign.
JEFFERSONCOUNTY
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
PROSECUTING ATTORNEY
TTORNE't1
(This form is to stay with the contract throughout the contract review process and accompany the
Agenda Bill.)
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Form.docx rev. 6/10/2013