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HomeMy WebLinkAbout112315_ca11615 Shed6i9p4tfj@t� Port Townsend, WA 98368 www.JeffersonCountyPu blit Health.org October 12, 2015 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Jared Keefer, Environmental Health Director Tami Pokorny, Environmental Health Specialist DATE: ND*4�y d -3139/e, SUBJECT: Agenda Item — Professional Services Agreement Hadlock Bush Hog Backhoe 11 Service, Henry Cobb; Upon Signature — December 31, 2016; $2000,00 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of the Professional Service Agreement Hadlock Bush Hog Backhoe Service, Henry Cobb; Upon Signature — December 31, 2016; $2000.00 ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S: This Professional Services Agreement retains Hadlock Bush Hog Backhoe Services to maintain invasive blackberries on acquisitions along the Duckabush and Big Quilcene Rivers in partial fulfillment of acquisition and restoration projects for salmon recovery. Hadlock Bush Hog Backhoe Service will mow all Himalayan and evergreen blackberry to a height of 10" or less and mulch the canes on properties for the purposes of floodplain restoration and salmon recovery to potentially include the Duckabush Wetlands Preserve, the Gregory Conservation Easement, and the Lower Big Quilcene Projects. Services will be funded by RCO #17- 1385C, RCO #13-1221C; RCO #12-1384C and RCO #15-1198, FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for this agreement is provided by three Resource and Conservation Office grants, and one A4Jx6>at RCO grant. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDATION: JCPH Management recommends approval of Hadlock Bush Hog Backhoe Service, Henry Cobb; Upon Signature — December 31, 2016; $2,000.00 R IE P ' ' orley, Co4qAdmi Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360379-4487 AGREEMENT Between JEFFERSON COUNTY, WASHINGTON And Hadlock Bush Hog Backhoe Service THIS AGREEMENT entered into this —day of 2015, by and between Jefferson County, a Washington municipal corporation of the State of Washington, hereinafter referred to as "Jefferson County," and Henry Cobb of Hadlock Bush Hog Backhoe Service, P. O. Box 966, Port Hadlock, WA 98339, hereinafter referred to as "Subcontractor;" in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Proiect Desi nagn tion. The Subcontractor is retained by the County to mow invasive blackberries on acquisitions along the Duckabush and Big Quilcene rivers in partial fulfillment of acquisition and restoration projects for salmon recovery. 2. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A, attached hereto, including the provision of all labor, materials, equipment, and supplies. 3. Time for Performance. This Agreement shall commence upon signature and continues through December 31, 2016, unless terminated as provided herein. The agreement may be extended beyond December 31, 2016 by mutual written consent. 4. Dail, Log Subcontractor shall maintain a daily report of operations and a time log on a format to be approved by Environmental Health, and shall, upon request, promptly provide Environmental Health a daily copy of such log. Among other things, such log shall precisely specify the time of commencing work and the time of termination of work. Subcontractor shall record the times and the duration of all shutdowns for any purpose during the workday. 5. Payment. The Subcontractor shall be paid by the County for completed work and for services rendered under this agreement as follows: a. The Subcontractor will be reimbursed for all work performed under the terms of this contract. Payment for the work provided by the Subcontractor shall not exceed $2,000.00 in the completion of this project without express written amendment signed by both parties to this Agreement. Rate of payment will be $65/hour. b. Funding for this contract will be provided by an RCO grant. If funding from RCO 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. c. The Subcontractor may submit invoices to the County not more than once per month, but not less than quarterly, during the progress of the work for work completed to date. Such invoices will be checked by the County, and upon approval thereof, payment will be made to the Subcontractor in the amount approved. d. Final payment of any balance due the Subcontractor 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. I e. 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. f. The Subcontractor'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 final payments. Copies shall be made available upon request. 6. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Subcontractor 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 Subcontractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Subcontractor's endeavors. 7. Compliance with Laws. Subcontractor 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. 8. Indemnification The Subcontractor agrees to indemnify, defend and hold the County and its departments, elected and appointed officials, employees, agents and volunteers harmless from and against any and all claims, damages, losses and expenses, including but not limited to court costs and attorney's fees or any alternative resolution dispute costs, for any personal injury, for any bodily injury, sickness, disease or death and for any damage to or destruction of any property to the extent caused by any act or omission of the Subcontractor, its employees, agents or volunteers. This indemnification obligation of the Subcontractor shall not be limited in any way by the Washington State Industrial Insurance Act, RCW Title 51, or by application of any other worker's compensation act, disability benefit act or other employee benefit act, and the Subcontractor hereby expressly waives any immunity afforded by such acts. The foregoing indemnification obligations of the Subcontractor represent a material inducement to the County to enter into this Agreement, are reflected in the Subcontractor's compensation and have been mutually negotiated and agreed to by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. The Subcontractor shall obtain and keep in force during the terms of the Agreement, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to RCW 48.05: a. Worker's compensation and employer's liability insurance as required by the State of Washington. This insurance shall have a minimum $1,000,000 liability cap. b. Commercial General Liability(1) - with a minimum limit per occurrence of six hundred thousand dollars ($600,000) and an aggregate of not less than six hundred thousand dollars ($600,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: i. Broad Form Property Damage with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Personal Injury Liability, including extended bodily injury; iv. Broad Form Contractual/Commercial Liability including completed operations (contractors only); v. Premises - Operations Liability (M&C); vi. Independent Contractors and Subcontractors; and vii. Blanket Contractual Liability. (])Note: The County shall be named as an additional insured party under this policy. c. 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. d. Insurance policies and additional named insured endorsements obtained for the Subcontractor shall provide primary insurance coverage. Anyjoint self-insurance per Ch. 48.62 RCW, self- insured retention, deductible or risk retention maintained or participated in by the County shall be excess and not contributory to such insurance policies the Subcontractor is obligated to obtain and retain. All Subcontractor's liability insurance policies must be endorsed to show this primary coverage. e. Subcontractor must comply with all insurance requirements listed here. Failure to do so authorizes the County to withhold compensation otherwise due to the Subcontractor. f. The Subcontractor shall provide certificates of insurance naming the county as an additional insured, and the full texts any endorsements listed there. 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 listed above shall protect both parties and be primary coverage for any and all losses covered by the above -listed insurance policies. It is further agreed by the parties that any and all deductibles made part of the above -listed insurance policies shall be assumed by, paid for and at the risk of the Subcontractor. 10. Independent Contractor. The Subcontractor and the County agree that the Subcontractor 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 Subcontractor nor any employee of Subcontractor 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 Subcontractor, or any employee of Subcontractor. 11. Assignment and Subcontracting. Subcontractor shall not assign this Agreement or any interest therein nor subcontract the whole or any portion of the work contemplated by this Agreement, nor may any interest hereunder be assigned or transferable by operation of law, or by any process or proceedings of any court or otherwise, without the prior written consent of Jefferson County. Subcontractor shall, when intending to use subcontractors, provide Jefferson County with a Payment Bond as well as the list of the proposed subcontractors to be used to Jefferson County for approval prior to any subcontracting. 12. Discrimination Prohibited. The Subcontractor, 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. 13. Termination. The County reserves the right to terminate this contract in whole or in part, without prior written notice, 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. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. a. This agreement may also be terminated as provided below: i. With 30 days notice by the Board of County Commissioners for any reason, or ii. With 30 days notice by the Board of County Commissioners for non-performance of the specific job duties in Exhibit A. iii. With 30 days notice by the Subcontractor by voluntary resignation. 14. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Subcontractor 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 Subcontractor. DATED this day of 2015 By David Sullivan, Chair Jefferson Board of County Commissioners a Henry Cobb Hadlock Bush Hog Backhoe Service PO Box 966 Port Hadlock, WA 98339 Ph 360.379.0510 Atte st/Authenticated: Clerk of the Board UBI 603 343 363 APPROV D AS TO RM Civil DPA David Alvarez COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Phil Johnson, Chair David Sullivan, Member Signature page cont. Hadlock Bush Hog Backhoe Service Kathleen Kler, Member Approved as to form only: Exhibit A: Scope of Work Hadlock Bush Hog Backhoe Service (Subcontractor) will mow all Himalayan (Rubur armeniacus) and evergreen blackberry (Rubus lacinialus) to a height of 10" or less and mulch the canes on properties for the purposes of floodplain restoration and salmon recovery to potentially include: Duckabush Wetlands Preserve and: RCO #12-1385C Gregory Conservation Easement: RCO # 13-1221 C Lower Big Quilcene Projects: RCO 912-1384C and RCO #15-1189. Care shall be taken to minimize disturbance to nearby property owners while work is in progress. Work schedules and access shall be coordinated through Jefferson County Environmental Health. Work may be temporarily suspended by the County at any time due to inclement weather or adverse soil conditions. Vehicle and equipment storage on-site during the project is at the owner's own risk.