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HomeMy WebLinkAbout101716_ca06Department of Public Works O Consent Agenda Page 1 of 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 17, 2016 Subject: Environmental Permitting Consultant Contract - Undie Road Emergency Relocation Statement of Issue: Contract for environmental permitting coordination on the Undie Road Emergency Road Relocation project. Analysis/Strategic Goals/Pro's Ft Con's: This contract is for federal and state permitting coordination work performed and ongoing for the Undie Road Emergency Road Relocation project. Federal permits and process, most notably the US Army Corps of Engineers and Section 106 Historic and Cultural Resources, coupled with FEMA involvement are complex for a project of this size in this location. With the project's tight timeframe and no available staff resources and based on the fact that this consultant has a proven track record performing federal permit coordination with these agencies, Public Works called upon Widener to provide assistance on this emergency project. Widener was successful in getting the necessary approvals to proceed allowing the targeted August 1 start date. Fiscal Impact/Cost Benefit Analysis: $17,992 Recommendation: Please sign the three (3) contracts and return to Public Works for further processing. Department Contact: Monte Reinders, Public Works Director Reviewed By: ,f p Morle', unty A ministrat Date PROFESSIONAL SERVICES AGREEMENT FOR Environmental Documentation and Permitting — Undie Road Emergency Relocation THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Widener & Associates, 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 perform environmental coordination, analysis, and documentation necessary to implement the Undie Road Emergency Relocation Project per federal and state requirements 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 receipt of a Purchase Order shall constitute said notice 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 be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $17,992 80 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 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 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 PROFESSIONAL SERVICES AGREEMENT \\CASTLEHILL\Home\Publicworks\monter\cmonte\Emergency\2016\Undi\Widner USACE permittmg\Professional Services Agreement docx Rev 7/2016 Page 1 of 5 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 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 attorney's fees and costs, ansmg 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 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 Said liability policy shall name the County of Jefferson as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the County Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement 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 PROFESSIONAL SERVICES AGREEMENT \\CASTLEHILL\Home\Publicworks\monter\cmonte\Emergency\2016\Undi\Widner USACE permittmg\Professlonal Services Agreement docx Rev 7/2016 Page 2 of 5 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 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 Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address Widener & Associates 1010832 d Avenue W Suite D Everett, WA 98204-1302 PROFESSIONAL SERVICES AGREEMENT \\CASTLEHILL\Home\Publicworks\monter\cmonte\Emergency\2016\Undi\Widner USACE permittmg\Professional Services Agreement docx Rev 7/2016 Page 3 of 5 16 Integrated ted 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 DATED this day of , 20 PROFESSIONAL SERVICES AGREEMENT \\CASTLEHILL\Home\Publtcworks\monter\cmonte\Emergency\2.016\Undi\Widner USACE permrttmg\Professional Services Agreement docx Rev 7/2016 Page 4 of 5 SIGNATURE PAGE Widener & Associates Name of Consultant e 4 4 e,tte- G (d &)i -ev C sultant Representative (Please print) Title 'T1301�� Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W Sullivan, Member Approved as to form only Date Deputy Public Wbrk-s Director/County Engineer PROFESSIONAL SERVICES AGREEMENT \\CASTLEHILL\Home\Publicworks\monter\cmonte\Emergency\2016\Undi\Widner USACE permittmg\Professional Services Agreement docx Rev 7/2016 Page 5 of 5 EXHIBIT A - SCOPE OF WORK UNDIE ROAD PROJECT JEFFERSON COUNTY Task 1: Environmental Documentation and Permitting The following tasks are intended to provide the environmental coordination, analysis and documentation necessary to implement the project per federal and state requirements 1.1 Design Assistance and Early Agency Coordination The Consultant will assist the County in presenting the alternatives to both the state and federal permitting agencies to identify the regulatory issues associated with the project Potential minimization measures for each alternative will also be identified during the coordination with agency representatives _ All permitting issues and the recommended permitting process for the preferred alternative will be documented in the project design The Consultant will coordinate with officials from the Washington Emergency Management Department (EMD) to facilitate FEMA coordination with the Army Corps of Engineers, US Fish & Wildlife Service, and National Marine Fisheries Service The Consultant will assist in processing this as an emergency action to allow construction to begin in August 2016 1.2 State Historic Preservation Officer, Section 106 Coordination The CONSULTANT will coordinate cultural resources documentation required for the project to meet both Washington State and federal requirements The Consultant will coordinate this work through WA EMD and FEMA The County has already has a cultural and historic resources survey and report prepared by others I 1.3 Permit Coordination Widener will assemble and organize all necessary environmental permit applications to a standard acceptable by the permitting agencies Anticipated permits include the following 1 JARPA 2 USACE Section 404 Permit 3 Ecology Section 401 Water Quality Certification Permit applications shall include all requested information, such as application forms, all necessary permit drawings, an attachment describing project location, project purpose and need, alternatives considered, and a summary of project impacts The Consultant Widener shall also -provide a draft transmittal letter for submittal of the application by the County Draft applications, including supporting information, shall be submitted to the City for review and comment Revised permit applications shall be provided to the City for signature and submittal Exhibit A Scope of Work WIDENER & ASSOCIATES 11Page EXHIBIT A - SCOPE OF WORK UNDIE ROAD PROJECT JEFFERSON COUNTY to permitting agencies The Consultant shall perform the necessary coordination to obtain the permits and/or emergency exemptions Deliverables: • Draft JARPA for review by the County • Revised draft JARPA incorporating County comments • Permit approvals and/or emergency exemptions Exhibit A Scope of Work WIDENER & ASSOCIATES 21 Page Exhibit B - Undie Road Environmental Services Project Name Undie Road Client 1CPW Location Jefferson County Date 6/28/2016 Project Manager Project Biologist Hours Hours Design Assistance and Early Agency Coordination 24 4 106 Coordination 12 6 DARPA Draft 4 40 Final 2 8 404 24 12 401 8 6 Total hours 74 76 Summary Hours Rate Cost Project Manager 74 $154.00 $11,396.00 Project Biologist 76 $86.80 $6,596.80 Total Labor $17,992.80 Expenses Mileage TOTAL ESTIMATED COST $17,992.80 WIDENER & ASSOOATES