HomeMy WebLinkAbout020116_ca052 615 Sheridan Street
Port Townsend, WA 98368
Z",�� www.JeffersonCountyPublicHealth.org
Public H
Consent Agenda
Dec. 21, 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 II
DATE:
�- 1 2-0
SUBJECT: Agenda Item — Professional Service Agreement, A.C.E. PS, Inc. Rick D.
Wells, President; Upon notice — 30 -days; $3,000.00
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, requests Board approval of the Professional Services
Agreement between JCPH and A.C.E. PS, Inc. Rick D. Wells, President for appraisal services to support
property acquisitions. Project will proceed upon written notice by JCPH; Consultant will complete project
within 30 -days of receipt of each notice to proceed.
AINAL`1fSIS STRATEGIC GOALS PRO'S and CON'S:
The purpose of this agreement is to contract Rick D. Well IFAS to appraise properties in support of
acquisitions for the purpose of floodplain, habitat restoration and salmon recovery efforts to improve Mid -
Hood Canal stock of Puget Sound Chinook, as well as stocks of summer and fall -run chum salmon,
steelhead, Coho salmon and pink salmon. The parcels to be appraised are 991200402 and 991200403
(Phelps property), tentatively parcel 99/200405 (Rundquist property), 991200407 (Gallagher property),
991200305 and 04 (Marie property), and 991201101 and 991201103 (Brown property). The Department of
Public Works has secured grant funding to pay for the latter 5 appraisals. The Rundquist property is listed
here as tentative due to its status as a backup parcel. Should there be unspent funds from RCO grant #12-
1384C, this property will be appraised for acquisition. The ultimate goal of these acquisitions is to support
high quality riparian habitat of the Duckabush and Dosewallips river floodplains critical to Chinook recovery.
Acquisitions are consistent and in compliance with Washington State Recreation and Conservation Office
, ZYW1.3, Acquiring Land.* Policies, and the Uniform S'tandar'ds of Pr t ssional /ll?praisal Plv ti (USPAP).
FISCAL IMPACT COST BENEFIT ANALYSIS:
The contract is fully funded by the State of Washington by and through the Salmon Recovery Funding
Board and the Recreation and Conservation Office, RCO Grant Agreement 12-1385C acquisitions project,
and RCO, Secure Rural Schools Title III, grant #15-1189 secured by the Department of Public Works for
appraisals of the Gallagher, Marie, and Brown properties, 5 parcels. Will Butterfield is JCPH Water Quality
contact in regards to this funding partnership.
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) 360-379-4487
RECOMMENDATION:
JCPH management request approval of Professional Services Agreement, A.C.E. PS, Inc. Rick D. Wells,
President; Upon notice — 30 -days; $3,000.00
REVIEWED BY:
r Keefer, E Dir or
i ip Morley(9.unty Administ for
Date: — j!
Date
PROFESSIONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
ACE Professional Services, Inc.
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Rick D. Wells of ACE Professional Services, Inc.,
General Real Estate Appraiser, hereinafter referred to as "the Consultant", in consideration of the
mutual benefits, terms, and conditions hereinafter specified.
l'r(,�ect 1_ gsig!lgioan, The Consultant is retained by the County to provide appraisal
services to support up to five fee -simple property acquisitions for the purpose of
floodplain restoration and salmon recovery (RCO #12-1384C and #15-1189) consistent in
compliance with Washington State Recreation and Conservation Office Manual 3,
Acquiring Land: Policies, and the Uniform Standards of Professional Appraisal Practice
(USPAP).
2. Scope of & 1vices, 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 C the by y the County to the Consultant to proceed. Consultant shall perform all
services and provide all work product required pursuant to this Agreement on the dates
listed on Exhibit "A".
4. P-1y�iuLi t. 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 not exceed $3,000 at a rate of
$600 per appraisal report 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. 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.
CONSULTANT AGREEMENT
Page 1 of 9
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.
Owz,nea^ hin and Use of Docaoanents. 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. Complia -wce 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 ni icPatio i,i. Consultant shall indemnify, defend and hold harmless the County, its
ocaifficers, agents g 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.
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.
Cornme cial AW,oniobile 1 iaablWy Lij�urancc 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 ( o
anmercapl I„ alaimlitratice 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, unless a greater amount is specified in the contract specifications. The
CONSULTANT AGREEMENT
Page 2 of 9
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 Foran Contractual/Commercial Liability — including completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
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
CONSULTANT AGREEMENT
Page 3 of 9
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 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.
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. Indrc� c ent "ontr, actor, 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 dw services
provided under this Agrccrirent. The Cr`rrrnty 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.ryerr��nt ��rirtstC".or�tir �prt....:�+es. The Consultant warrants that he has not employed or
1��
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. Dtscrrnrrrta
trorr 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.
11, Ass g�sr Merit. The Consultant shall not sublet or assign any of the services covered by this
CONSULTANT AGREEMENT
Page 4 of 9
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 ol` tli.e death of a mciiiber, partner or officer of the Corisrduint, or any
of its sripervisor.•y personnel assigned to the project, the surviving incrnbc�rs 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.
15. Nolicc_s. Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Environmental Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Notices to Consultant shall be sent to the following address:
Rick D. Wells
P.O. Box 3241
Silverdale, WA 98383
Ph: 360/692-5081
16. lnt rgt A r �crllcMr This Agreement together with exhibits 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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SIGNATURE PAGE
DATED this° m dayof — , 20 1o
_...
state uertincauon NumDer — uenerai
License #1 00344 Expiration: 3/14/2017
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
David W. Sullivan, Chair
Phil Johnson, Member
Kathleen Kler, Member
At proved as torte only:
V�Vu
David Alvarez Date
Deputy Prosecuting Attorney
CONSULTANT AGREEMENT
Page 6 of 9
Exhibit A
Scope of Work
Big Quilcene River Floodplain Appraisal Reports
Rick D. Wells, certilled General Real Estate Appr,,'iiser, will perfori.nari appraisals for up to five
fee simple acquisitions (APNfis 991200402 aml 991200403 (j"j,-()pert,y fil); 991200407 (Property
#2); 9912003 05 and 9912003 04 (Property #3); 991201101 and 991201103 (Property #4); and
991200405 (Property 45) located tiortli of'ttie Big QLjilcene Wver iii (.)tfilcetie, Waslilligtoll "Is
part of to salmon recovery pro.ject. The reports will be pret,)zired iii cord'ort"al'ice with Uniforin,
Statidards of Prollessiorial Alalarraisat Practice (los SPAP) aiid the Washiiigloii Suate Rccreatioii and
Conservation Office Manual 3, Acquiring Lands: Policies
Lit tL 3
),�/ww\,�,.rco,w ov/documetits/ina i'itials&I 017110 114f)
Deliverables: I signed hard copy and an electronic copy (PDF) of each of the up to five
separate appraisal reports.
Due Dates: 30 Days from Notice to Proceed for each of the reports.
Page 7 of 9
Exhibit B
CERTIFICATION OF CONSULTANT
Jefferson County
hereby certify tand duly authorized representative of the firm
••� and that neither I nor the above firm I here
of Xhat I �awaa �- t � ..
represent has,
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, ,any firm or person (other than a bona fide employee working solely for me or the
above Contractor) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the
services of any firm or person in connection with carrying out the contract.
(c) laid, or agreed to pay, to any firm, organization or, person (other than as bona fide employee
working solely for race or the above Contractor) away Ibe, contribution, donation or consideration of
any kind for, or in connection, with procuring or carrying out the cctntr4act except as here
expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington
and that the firm is in full compliance with the requirements of the Board"i f Professional Registration.
Ovate
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the County of Jefferson, Washington State and that the
above consulting farm or its representative has not been required, directly or indirectly as an express or
implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
Date
Signature
CONSULTANT AGREEMENT
Page 8 of 9
Exhibit C
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and belief that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded fi-om covered transactions by any Federal department or agency;
2. Have not within a three (3) year period preceding this proposal been convicted of or had a
civil judgment rendered against them for commission of fraud or a criminal offense in
connection with obtaining, attempting to obtain, or performing a public (Federal, State, or
local) transaction or contract under a public transaction; violation of Federal or State anti-
trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or
destruction of records, making false statements, or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental
entity (Federal, State, or local) with commission of any of the offenses enumerated in
paragraph (2) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more public
transactions (Federal, State and local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certification,
such prospective participant shall attach an explanation to this proposal.
/N("
onsultantµ*( li n Marne)
u ltant)
DATE
CONSULTANT AGREEMENT
Page 9 of 9