HomeMy WebLinkAbout051517_ca06615 Sheridan Street
Port Townsend, WA 98368
Met" www.JeffersonCountyPublicHealth.org
Public Hea
Consent Agenda
April 11, 2017
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Tami Pokorny, Environmental Health Specialist II
Will Butterfield, Public Works Right -of -Way Representative
DATE: '�'- 1 IS I W1
SUBJECT: Consent Agenda Item - Personal Services Agreement with Epic Land
Solutions, Inc., General Real Estate Appraiser; Upon signature - August
31, 2018; $20,000
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, is requesting Board approval of a Personal Services
Agreement - Epic Land Solutions, Inc., General Real Estate Appraiser; Upon signature - December 31,
2018; $20,000
ANALYSIS STRATEGIC GOALS PRO'S and CON'S:
Environmental Health requests Board approval of a personal services agreement with Epic Land Solutions,
Inc., certified General Real Estate Appraiser, to perform review appraisals and, as needed, review appraisal
updates for property acquisitions located on the floodplains of the Big Quilcene and Dosewallips Rivers as
part of a coordinated effort to recover salmon and prevent flood impacts.
Properties to be appraised include the following parcels: APN's 991700001, 991200305 and 991200305.
Epic Land Solutions, Inc., General Real Estate Appraiser will provide one signed hard copy and an electronic
copy (PDF) of each self-contained appraisal or appraisal update. The due dates will be 30 days from Notice
to Proceed of the reports.
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
eAM www.JeffersonCountyPublicHealth.org
01
Public He9alt
FISCAL IMPACT/COST BENEFIT ANALYSIS.
The appraisals listed are funded by a Salmon Recovery Funding Board grant (RCO #12-1384 and 13-1221)
or funded by the Public Works Quilcene Floodplain Acquisition Account (##5533Q.61.000). Additional
matching funds have been provided through the value of parcels previously acquired on the Dosewallips
River floodplain.
RECOMMENDATION:
JCPH management requests approval of the Personal Services Agreement — Epic Land Solutions, Inc.,
General Real Estate Appraiser; Upon Signature — December 31, 2018; $20,000
Approve
71�m:
Hip C. Hunsuc
Chief Civil Deputy Prosecutor
Jefferson County Prosecutor's Office
Community Health
Developmental Disabilities
360-385-9400
360-385-9401 (f)
Date
Always working for a safer and healthier community
Environmental Health
Water Quality
360-385-9444
(f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
Epic Land Solutions, Inc.
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and John W. Arney and D. Michael Mason of Epic Land
Solutions, 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 review
appraisal services to support property acquisitions for the purpose of floodplain
restoration and salmon recovery (RCO #12-1384, RCO #15-1189, RCO #16-1480, RCO
#16-1494 and/or JC Department of Public Works Quilcene Floodplain Acquisition
Account #5533Q.61.000).
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 shall perform all
services and provide all work product requested pursuant to this Agreement no later than
30 days of the dates listed on Exhibit "A". This agreement terminates on December 31,
2018 unless amended by written instrument signed by both County and Consultant.
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 $20,000 at a rate
not to exceed $1,000 per review appraisal or review appraisal update report.
Additional review appraisal needs may be identified through the Big Quilcene
River Restoration Planning process lead by the Hood Canal Salmon Enhancement
Group or the HCCC Lead Entity Technical Advisory Group with respect to the
RCO grants identified in Section 1.
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.
Epic Land Solutions, Inc.
Page 1 of 14
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.
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.
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.
Epic Land Solutions, Inc.
Page 2 of 14
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
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.
Epic Land Solutions, Inc.
Page 3 of 14
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
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.
Epic Land Solutions, Inc.
Page 4 of 14
10. Covenant Against Contin cnt lees. 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. Assiw=ent. 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 Environmental Health
Attn: Tami Pokorny
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Epic Land Solutions, Inc.
Page 5 of 14
Notices to Consultant shall be sent to the following address:
Holly Rockwell, President
Epic Land Solutions, Inc.
2601 Airport Drive, Suite 115
Torrance, CA 90505
Ph: 310/626-4848
Corporate Fax: 310/891-3348
16. Into gated. 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.
Epic Land Solutions, Inc.
Page 6 of 14
DATED this
John W. Arnev _
Name of Consultant
SIGNATURE PAGE
day of
(Signature)
State Certification Number — General
# 1100473 Expiration: 04/04/2017
Date
David Michael Mason
Name of Consultant
(Signature)
#1102282 Expiration: 03/19/2018
Date
20
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
David W. Sullivan, Member
Kate Dean, Member
Approved as to form only:
P. C. I Lt= —
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Y/z 11
Date
Epic Land Solutions, Inc.
Page 7 of 14
Exhibit A
Scope of Work
Big Quilcene River Floodplain Review Appraisal Reports
John W. Arney, certified General Real Estate Appraiser of Epic Land Solutions, Inc., will
perform review appraisals and, as needed, review appraisal updates for acquisition of fee -simple
and conservation easements located on the floodplains of the Big Quilcene and Dosewallips
Rivers as part of a coordinated effort to recover salmon and prevent flood impacts.
Review appraisals consistent with Washington State Recreation and Conservation Office Manual
3, Acquiring Land: Policies
littp:llwww.rco.wa.vv/documents)Manuals&Fo_rms/Manual 3 acq,pdf. The appraisal(s) to be
reviewed will be in a fully self-contained appraisal report format to exceed the requirements
outlined in the 2014-15 "Uniform Standards of Professional Appraisal Practices" (USPAP). The
report(s) will describe in detail the information analyzed and the reasoning and methodology that
supports any analyses, opinions, and conclusions. The appraisal report(s) are subject to review
and the Consultant will be required to identify any issues in writing to the original appraiser. The
process used to develop the review report(s) must be consistent with the RCO Review Appraisal
Assignment Instructions for Grant Funded Projects, Exhibit D, for technical field reviews. The
review report(s) must be essentially free of spelling and formatting errors.
Property appraisals to be reviewed include the following parcels.
RCO #12-1384:
APN 991700001: June 1, 2017
Quilcene Floodplain Acquisition Account:
APN 991200305 and -304: September 1, 2017
Deliverables: One signed hard copy and an electronic copy (PDF) of each review
appraisal report.
Due Dates: 30 Days from Notice to Proceed dates listed above.
Epic Land Solutions, Inc.
Page 8 of 14
Exhibit B
CERTIFICATION OF CONSULTANT
Jefferson County
I hereby certify that I am , and duly authorized representative of the firm
of 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 of Professional Registration.
Date 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 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
Epic Land Solutions, Inc.
Page 9 of 14
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:
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.
Consultant (Firm Name)
Signature (Authorized Official or Consultant)
DATE
Epic Land Solutions, Inc.
Page 10 of 14
Exhibit D
RCO Review Appraisal Assignment Instructions for Grant Funded Projects
This is a list of review appraisal assignment instructions for use by RCO project sponsors when hiring a
review appraiser for an RCO funded acquisition project. These are minimum conditions and instructions
the RCO project sponsor should include in the solicitation for hiring a review appraiser to ensure that the
appraisal review document meets RCO requirements and fulfills its intended purpose. This list is not
meant to be a comprehensive list, but includes pertinent information to assist the contractor in his
preparation of an appropriate scope of work for the appraisal review assignment. The project sponsor
should feel free to add additional information and instructions as deemed necessary to ensure the
development of a credible work product.
RCO project sponsors should include the following instructions in any review appraisal solicitation:
1) Assignment Description
a) Provide a description of the appraisal review assignment and the property subject to the
appraisal. State whether the original appraisal is for fee simple interest in the property or
for less than fee simple rights and describe all reservations.
b) Indicate whether the appraisal review assignment is for a technical desk review or a
technical field review. Administrative reviews are not acceptable.
i. A field review includes physical inspection of the appraised property and primary
comparables sales and is required by RCO if the value of the property acquisition
is $250,000 or greater.
ii. For property acquisitions valued at less than $250,000, the option to require the
review appraiser to conduct a physical inspection is at the discretion of the
project sponsor.
c) State the purpose of the review assignment and intended use of the appraisal review
report.
2) Property and Appraisal Information
a) Legal Description — Include the legal description from the preliminary title report.
b) Property Information — Include the parcel number(s), acreage to be acquired, and a map.
c) Original Appraisal Solicitation — Include a copy of the original appraisal solicitation letter
and RCO Instructions so the review appraiser can review the performance of the
appraisal.
d) Ownership and Occupant Information — Include any information you have about the
current ownership of the property and any tenants. Note other adjacent property under the
same ownership if the acquisition is for less than the entire ownership.
Epic Land Solutions, Inc.
Page 11 of 14
e) Preliminary Title Report — Provide a copy of the preliminary title report with existing
easements and encumbrances (if a copy is not included in the original appraisal report).
f) Special Property Characteristics — Identify or describe any special attributes or conditions
affecting the property (i.e. threatened or endangered species, geologic hazards, etc.).
3) Appraisal Review Criteria
a) Client — The client must be the recipient of RCO grant funds. It cannot include the
landowner or other third party unless approved by RCO.
b) Intended Users — The intended users must include the client and RCO.
c) Intended Use — The intended use must include a statement regarding the voluntary
acquisition of the identified property.
d) Appraisal Standards — The appraisal review must be conducted in compliance to the same
standards used by the original appraisal. Instruct the review appraiser that the review is
required to comply, at a minimum, with the Uniform Standards of Professional Appraisal
Practice (USPAP) and applicable requirements specified in RCO's Manual 3,
Acquisition Projects (December 2010).
UASFLA — If the acquisition is to be funded with an RCO administered federal
program grants, the review appraiser must also comply with the performance and
reporting requirements of the Uniform Appraisal Standards for Federal Land
Acquisitions (UASFLA).
ii. Land and Water Conservation Fund (LWCF) projects only — If the project is to
be funded in the LWCF program, include a copy of Chapter 4, Section of the
Land and Water Conservation Fund Assistance Program Manual (October 2008)
and instruct the review appraiser to follow any applicable requirements.
e) Date of Value — This should typically be the same as the original appraisal unless
otherwise instructed or justified.
f) Report Format — The appraisal review report should be prepared in a narrative format.
a) Report copies — Specify the number of printed copies of the appraisal report that the
review appraiser will be required to submit. Provide an electronic copy of the final report
to RCO at the conclusion of the appraisal review process.
4) Review Appraisal Instructions
a) Encumbrances — Include encumbrances from the preliminary title report and instruct the
review appraiser to address whether any of the encumbrances would impact the market
value of the property.
b) Extraordinary Assumptions — The reviewer must note any extraordinary assumptions in
the appraisal and make a determination as to their reasonableness.
Epic Land Solutions, Inc.
Page 12 of 14
c) Hypothetical Conditions — The reviewer must note any hypothetical conditions in the
appraisal and make a determination as to their reasonableness.
d) The reviewer is tasked to develop an opinion regarding:
i. The completeness of the material under review;
ii. The apparent adequacy and relevance of the data and the propriety of any
adjustments to the data;
iii. The appropriateness of the appraisal methods and techniques and develop the
reasons for any disagreements;
iv. Whether the analysis, opinions, and conclusions are appropriate and reasonable
and develop the reasons for any disagreements; and
v. Whether the appraisal is compliant with the applicable standards.
e) The reviewer is to provide a recommendation in accordance with one of the following
options:
i. Approval — The appraisal is compliant with the applicable standards and the
stated opinion of value is a reliable basis for establishing an offer of just
compensation; OR
ii. Acceptance with a Revised Value O inion — The appraisal is compliant with the
applicable standards, but the stated opinion of value is not a reliable basis for
establishing an offer of just compensation. The reviewer formulates a value
opinion based upon adjustments or corrections to the information and analysis
contained in the appraisal and/or new information is readily available to the
review appraiser within the scope of the original appraisal assignment; OR
iii. Rejection — The appraisal is substantially not compliant to applicable standards
and the reviewer is unable to formulate a revised opinion of value from the
information available.
5) Review Appraiser Qualifications
a) Level of Licensure — The review appraiser must have the commensurate level of state
licensure as the original appraiser and be applicable to the appraised property type. RCO
strongly recommends that the principal review appraiser be a State Certified General Real
Estate Appraiser for all complex property types and partial acquisitions (i.e., license
number begins with 270-11).
b) Competency — The review appraiser should indicate to the project sponsor as part of his
fee quote proposal their competency in appraising or reviewing appraisals of a similar
property type to that being appraised. Demonstration of competency must also be
included in the review appraisal report.
Epic Land Solutions, Inc.
Page 13 of 14
c) UASFLA training — If conducting an appraisal review to UASFLA standards, the
reviewer must identify his experience and qualifications for conducting an appraisal to
meet these standards. The RCO recommends the appraiser provide evidence of recent
training (within the past 5 years) in the UASFLA standards.
Epic Land Solutions, Inc.
Page 14 of 14