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HomeMy WebLinkAboutACE Professional Services, Inc. - 020116ccI n cpo::�, D, 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. Project Designation, 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 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 on the dates 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 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. 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. 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. 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 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 Form 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. 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 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 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. 15. Notices. 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. Integrated Agreement. 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 Page 5 of 9 SIGNATURE PAGE DATED this day of , 20 1 State Certification Number —General License l 00344 Expiration: 3/14/2017 Date JEFFERSON COUNTY BOARD OF COMMISSIONERS David W. Su , Ghair-1yjeW&-72- Phil Johnson, Member / Kathleen Kler, Member A proved as to rm on1y:,Z David Alvarez 0 Date Deputy Prosecuting Attorney CONSULTANT AGREEMENT Page 6 of 9 Exhibit A Scope of Work Big Quilcene River Floodplain Appraisal Reports Rick D. Wells, certified General Real Estate Appraiser, will perform an appraisals for up to five fee simple acquisitions (APN#s 991200402 and 991200403 (Property #1); 991200407 (Property #2); 991200305 and 991200304 (Property #3); 991201101 and 991201103 (Property #4); and 991200405 (Property #5) located north of the Big Quilcene River in Quilcene, Washington as part of a salmon recovery project. The reports will be prepared in conformance with Uniform Standards of Professional Appraisal Practice (USPAP) and the Washington State Recreation and Conservation Office Manual 3, Acquiring Lands: Policies (http•//www.rco.wa.gov/documents/manuals&forms/Manual 3 acq.pdf). Deliverables: 1 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. CONSULTANT AGREEMENT Page 7 of 9 Exhibit B CERTIFICATION OF CONSULTANT Jefferson County I hereby certify that I am !2i I` 5 , and duly authorized representative of the firm of _ !lU' and that neither I nor the above firm I here 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) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above Contractor) any fee, contribution, donation or consideration of any kind for, or in connection with procuring or carrying out the contract; 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'�f Professional Registration. Date 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 firm 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 from 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. u ltant M*i me) ltant) 1116 TE CONSULTANT AGREEMENT Page 9 of 9 615 Sheridan Street 416 v�son �e� Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Public Healt WQ-15-634 CONTRACT REVIEW FORM DEC 2 � 2015 CONTRACT WITH: A.C.E. PS, Inc. Rick D. Wells, President CONTRACT FOR: Appraisals TERM: Upon Signature COUNTY DEPARTMENT: Jefferson County Public Health I,,is r, For More Information Contact: Contact Phone #: RETURN TO: Denise Banker AMOUNT: $3,000.00 Tami Pokorny X498 RETURN BY Revenue: Expenditure: $3,000.00 Matching Funds Required: Source(s) of Matching Funds: RCO #12-1384C and Public Works RC0#15- 1189 Step 1 APPROVED FORM Iments: REVIEW BY RISK Review by: Date Reviewed: ASAP PROCESS: ®EC 2 9 201' JEFFERSON COUN PROSE-CUTING ATTOPEY ❑ Exempt from Bid Process ❑ Consultant Selection Process ❑ Cooperative Purchase ❑ Competitive Sealed Bid ❑ Small Work Roster ❑ Vendor List Bid ❑x RFP or RFQ E3 Other: DFW Grant for revision (See Comments) Step 2: REVIEW BY PRO,kECUTIbIG ATTO Y Review by: 2j �t• 'UW1L Date Reviewed: APPROVED AS TO FORM LJ Returned for revision (See Comments) Commen s: (This form to stay with contract throughout the contract review process) Community Health Developmental Disabilities 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org 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: 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. ANALYSIS/ 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 991200405 (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 Manual 3, Acquiring Land.Policies, and the Uniform Standards of Professional Appraisal Practice (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: s rW Keefer, EFfDir or i ip Morley unty Admin ist for Date: Ste. Date