HomeMy WebLinkAboutWidener & Associatates, Environmenal Permitting Consultant - 101716(0 -, 17 - f � �4 ?� --
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.
L 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.
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 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. Pam 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.
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.
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
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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, 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. 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
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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
10108 32nd Avenue W. Suite D
Everett, WA 98204-1302
PROFESSIONAL SERVICES AGREEMENT
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16. Integrated 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
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SIGNATURE PAGE
Widener & Associates
Name of Consultant
C sultant Representative (Please print)
Title 1
C(/ -10 / ) ,
Date
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
- kd��- ,,, kL, #171�6
Approved as to form only:
Date
Doputy Prosecuting Attorney
P.E. D e
Public s Director/County Engineer
PROFESSIONAL SERVICES AGREEMENT
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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.
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 1 1 P a g e
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 2 1 P a g e
Project Name
Client
Location
Exhibit B - Undie Road Environmental Services
Undie Road
JCPW
Jefferson County Date 6/28/2016
Project
Manager
Project
Biologist
Hours
Hours
Design Assistance and Early Agency Coordination
24
4
106 Coordination
12
6
JARPA
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 & ASSOCIATES
Department 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,,
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 £t 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:
lL
Date
CONTRACT REVIEW FORM
CONTRACT WITH: Widener & Associates
(Contractor/Consultant)
CONTRACT FOR: Undie Road Emergency Road Relocation TERM:
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:,
RETURN TO: Tina
in
Public Works
16 -1 �� �/
12/31/16
Monte Reinders
(3601385--9160 AUG 302U
y a
RETURN BY:
AMOUNT: $17,992 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 1:
ROVED FORM
Co ents
Road Fund
Road Fund
REVIEW BY
Review by:
Date Reviewed:
Exempt from Bid Process
X Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Rett med�)r revision (See Comments)
Step 2: REVIEW BY PROS UT GVATTO Y
Review by:
Date Reviewed: 1,3 04; lQ / 6
APPROVED AS TO FORM j � �° /-V "
Comments(/
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Step 3: (Ifrequired) DEPARTMENT MAttr a r r .., .—. ,-r i.0 mEbuuMI'FS TGtSK MANAGEMENT AND `� ��'✓ CLLCev
PROSECUTING ATTORNEY 142 L.
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract and Review Form with Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)
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