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HomeMy WebLinkAbout060517_ca05Department 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 Enginee�� Agenda Date: June 5, 2017 Subject: Environmental Permitting Consultant Contract - Oil City Road MP 8.8 to MP 8.9 Emergency Repair Statement of Issue: Contract for environmental permitting coordination on the previously completed Oil City Road MP 8.8 to MP 8.9 emergency repair. Analysis/Strategic Goals/Pro's £t Con's: This contract is for federal permitting coordination work required as follow up to the previously completed Oil City Road MP 8.8 to MP 8.9 emergency repair. This section of road (approximately 800 feet in length) was washed out by the Hoh River in November 2015 and was repaired under an emergency declaration. The repair consisted of rebuilding the washed out section with large stone rip rap. State and federal permitting agencies were notified and emergency permits or permit exemptions were obtained. The site was determined to be eligible for Federal Emergency Management Act (FEMA) financial assistance; however, a Biological Assessment must be prepared and "after the fact" consultation must occur with federal agencies including the US Fish and Wildlife Service and the National Marine Fisheries Service. This contract is for preparation of the Biological Assessment and consultation with federal agencies and coordination with FEMA. Fiscal Impact/Cost Benefit Analysis: Not to exceed $20,423. Cost will be funded at 87.5% by FEMA. County responsible for remaining 12.5%. Recommendation: Please sign the three (3) contracts and return to Public Works for further processing. Department Contact: Monte Reinders, Public Works Director Reviewed By: fi ip Morley,o ty Administrator,; Date PROFESSIONAL SERVICES AGREEMENT FOR Environmental Documentation and Permitting Oil City Road MP 8.8 to MP 8.9 Emergency Repair 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. 1. Project Designation. The Consultant is retained by the County to perform environmental coordination, analysis, and documentation necessary to satisfy federal consultation requirements for the previously completed emergency repairs at Oil City Road MP 8.8 to MP 8.9. 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 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 $20,423.20 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. 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 Page 1 of 6 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. 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 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; Page 2 of 6 d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. 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 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. Page 3 of 6 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 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 Page 4 of 6 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 1902 -120"' Pt. S.E. Suite 202 Everett, WA 98204 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. Page 5 of 6 DATED this day of 920 Widener & Associates Name of Consultant -Scamett- C Odcn-cr Co ultant Representative (Please print) (Si atuxe), Title Date JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W. Sullivan, Member Approved as to form only: jd- Philip C. Hunsu er, Chief Civil Deputy Prosecuting Attorney ate r � Mont 'nders, P.E. Date Public Works Director/County Engineer Page 6 of 6 EXHIBIT A - SCOPE OF WORK OIL CITY ROAD MP 8.8 TO MP 8.9 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 Early Agency Coordination The Consultant will participate in early input into the formation of consultation strategy with EMD and the County. The Consultant will assist the County in presenting the mitigation alternatives to both the state and federal permitting agencies to identify the regulatory and funding issues associated with each alternative. Deliverables: • The Consultant's permitting specialist will prepare meeting minutes and memoranda documenting the coordination activities with state and federal agencies, as required. 1.2 Biological Assessment/Essential Fish Assessment The Consultant will prepare a Biological Assessment (BA) for the completed work and preferred mitigation alternative in accordance with WSDOT guidelines. The following subtasks will be undertaken in preparation of the project BA. • Collect available documentation concerning the project activities that have been completed and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high- quality ecosystem data from WDNR. This information will be reviewed and a consultation strategy will be developed. • Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries by preparing written requests for lists of endangered, threatened, proposed, and candidate species. • Conduct a field reconnaissance to investigate on-site habitat conditions. • Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. • Prepare a draft BA addressing listed species, proposed species, candidate species, species of concern, and critical habitat. The BA will include a project description, a list of species, a Exhibit A Scope of Work WIDENER & ASSOCIATES 1 I Page EXHIBIT A - SCOPE OF WORK OIL CITY ROAD MP 8.8 TO MP 8.9 JEFFERSON COUNTY description of the species and their habitat, an analysis of project effects, and mitigation recommendations. • Provide the draft BA to the County for review and approval. • Revise the BA, as appropriate, and submit the final BA to USFWS and NOAA Fisheries for their review, possible negotiation of mitigation measures, and concurrence. Concurrent with Endangered Species Act (ESA) consultation, the Consultant will coordinate with NOAA Fisheries to meet essential fish habitat (EFH) requirements under the Magnuson - Stevens Fishery Conservation and Management Act (MSA), as amended 1996. In doing so, the Consultant will provide NOAA Fisheries with the BA and a cover letter requesting the initiation of consultation, stating the effect determination(s), reasoning behind them, and proposed mitigation measures if any. • If NOAA Fisheries responds with advisory EFH conservation recommendations, the Consultant will coordinate with the County and EDNM/FEMA to jointly discuss the recommendations. • Formally address and respond to NOAA Fisheries' recommendations within the regulated time frame. Deliverable(s) One (1) electronic PDF of a draft BA for review by County with accompanying draft special provisions if required. One (1) electronic PDF of a draft BA, incorporating the County's comments, for submittal to FHWA/WSDOT. One (1) electronic PDF of a revised draft BA, incorporating comments by EDM/FEMA, for submittal to NOAA Fisheries and USFWS. Three copies of a final BA that incorporates NOAA Fisheries and USFWS comments. Exhibit A Scope of Work WIDENER & ASSOCIATES 21 Page Exhibit B - Biological Assessment Cost Estimate Project Name Oil City Road MP 8.8-8.9 Location Jefferson County Date 3/23/2017 Project Project Manager Biologist flours Hours Design Assistance and Early Agency Coordination 24 4 Biological Assessment Draft 24 80 Final 2 8 Agency Comments 24 12 Total hours 74 104 Summary Hours Rate Cost Project Manager 74 $154.00 $11,396.00 Project Biologist 104 $86.80 $9,027.20 Total Labor $20,423.20 Expenses Mileage TOTAL ESTIMATED COST $20,423.20 WIDENER & ASSOCIATES