Loading...
HomeMy WebLinkAbout041816_ca03615 Sheridan Street Port Townsend,� E .1 Benda .J wwweffersonCojjbb yuF'd� care, JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS TO: FROM: DATE: SUBJECT: AGENDA REQUEST Board of County Commissioners Philip Morley, County Administrator Jared Keefer, Environmental Health Director Tami Pokorny, Environmental Health Specialist t 2_0 Agenda Item —Personal Services Agreement with Stratum Group: Kim Ninnemann and Dan McShane; Upon Signature; for a total of $4,505 STATEMENT OF ISSUE: Jefferson County Public Health requests approval of Personal Service Agreement with Stratum Group: Kim Ninnemann and Dan McShane; Upon Signature; for a total of $4,505. ANALYSIS STRATEGIC GOALS/PRO'S and CON'S: The consultant is retained by the county to provide Phase I Environmental Site Assessments 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 with Washington State Recreation and Conservation Office Manual 3, Acquiring Land,- Policies, and the Uniform Standards ofP of ssi nal Appraisal Practice. Kim Ninnemann and Dan McShane of the Stratum Group are retained to synthesize, evaluate, and document the environmental risks and conditions on the site to facilitate knowledge-based recommendations for future investigations or clean ups on the site, if necessary. APN#s 991200402 and #991200407; #99121103; #991200305 and #991200304; #991201101 and #991201103; #991200405 all of which are located north of the Big Quilcene River in Quilcene, WA. FISCAL IMPACT COST BENEFIT ANALYSIS: Funding for the Professional Services Agreement is provided by RCO #12-1384C and #15-1189. There is no impact to the Jefferson County General Fund for this agreement and there are no match requirements. RECOMMENDAT'ION': JCPH Management recommends BOCC signature of the Personal Service Agreement with Stratum Group: Kim Ninnemann and Dan McShane; Upon Signature; for a total of $4,505 REV'IEED B y . ._..... � —. fillip Morl otnliistrator Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always workingfor a safer and healthier community (f) 360-379-4487 PERSONAL SERVICES AGREEMENT Between JEFFERSON COUNTY And Stratum Group THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Stratum Group, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. �gnation. The Consultant is retained by the County to provide Phase I Environmental Site Assessments 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 with Washington State Recreation and Conservation Office Manual 3, Acquiring Land: Policies, in conformance to the Federal Standards and Practices for All Appropriate Inquiries (40 CFR Part 312), and following the methodology described in ASTM Standard Practice E 1527-13. 2. Score of Services. Consultant agrees to perform the services, identified on Exhibit A attached hereto, including the provision of all labor. 3. 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 within the timeframe listed on Exhibit A. 4. 1'a_ merit, 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 $4,505 at a rate of $901 per Phase I Environmental Site Assessment 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. 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. CONSULTANT AGREEMENT 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. OW11 and Use of octiments. 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. Corywhance with law , 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. T hide inific al'ion 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. 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. �om ine cial ALatanaobilc l iatjlit Itis r arrce 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 Commerc izil. 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 CONSULTANT AGREEMENT Page 2 of 9 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. 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 CONSULTANT AGREEMENT Page 3 of 9 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 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. bide eiidem C oiilractor.. 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 Coptiiigulmllo_,,mees, 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. I iscrilnination� 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. CONSULTANT AGREEMENT Page 4 of 9 12. Assi i, ncrrt. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. 13. Nog -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 ofthe cdeath of a inember, partrr.er or officer of"the Corisarltwit, or any of its supervisory personnel assigned to the project, the surviving rnembers of die 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. Nol it ices, 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: Stratum Group PO Box 2546 Bellevue, WA 98227 Ph: 360/714-9409 16, lntjj rtcd Atjcenier�aty 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. Page 5 of 9 SIGNATURE PAGE DATED this day of ► , 2016. Kim Ninneman Name of Consultant � S rgrrat�r�•cay _.... Licensed Geologist #2690 Expiration: October 20, 2016 Dat N .... e lean 'l $jiang N of Consult nt (Signature) Licensed Engineering Geologist #1376 Expiration: January 2, 2017 JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kier, Chairwoman Phil Johnson, Member David W. Sullivan, Member A cvecl' *as to form fly:J'2 .31n] 16 David Alvarez mmmm ..� Date Deputy Prosecuting Attorney CONSULTANT AGREEMENT Page 6 of 9 Exhibit A Scope of Work Big Quilcene River Floodplain Phase I Environmental Site Assessments Kim Ninneman and Dan McShane, licensed geologists, will perform up to Phase I Environmental Site Assessments to support fee simple acquisitions located north of the Big Quilcene River in Quilcene, Washington as part of a salmon recovery project. The purpose of the phase I environmental site assessment is to synthesize, evaluate, and document the environmental risks and conditions on the site so that knowledge-based recommendations can be made for future investigations or clean ups on the site, if necessary. The reports will be completed in conformance to the Federal Standards and Practices for All Appropriate Inquiries (40 CFR Part 312) and follow the methodology described in ASTM Standard Practice E 1527-13. The phase I reports will also include information required as per the Washington State Recreation and Conservation Office Manual 3, Acquiring Lands: Policies to document hazardous substances issues and environmental due diligence. The Assessor's Parcel Numbers for the properties are listed below: Property #1: 991200402 and 991200403 Property #2: 991200407 Property #3: 991200305 and 991200304 Property #4: 991201101 and 991201103 Property #5: 991200405 DELIVERABLES A phase I environmental assessment report will be completed for each of the five properties. Each phase I report will document the environmental conditions of the specific site and any potential risks of contamination associated with the site. The reports will include a conclusion on whether any environmental conditions are present on the properties and if any conditions are present that require further investigation. Deliverables: 1 signed hard copy and an electronic copy (PDF) of each of the up to five separate Phase I Environmental Assessment Report to include the RCO Hazardous Materials Checklist. 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 arrr__ and duly authorized representative of the firm o m f - and that neither I nor the above firm I here represent has (a) Employed or retained for a comrnission, 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 awry organization or pel-so n (otlter than, it bona fide employee work in g solely for me or the above Com actor any fee, conlribrotion, donation or consideratioii of any mind for, or in conrrectio r, will°r procur-irrg or carrying„ out the contract; except as Dere 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 of Professional Registration. Signature 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 finn 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 IMM 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; 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. Consultant (Firm Name) Signature'(Authorized Official or Consultant) W CONSULTANT AGREEMENT Page 9 of 9