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HomeMy WebLinkAbout112017_ca05615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Consent Agenda September 29, 2017 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Health Director Tami Pokorny, Environmental Health Specialist II DATE: ��� ' zzr�- SUBJECT: Agenda Item — Personal Service Agreement, Stell; Upon signature — December 31, 2018; $7,904.61 STATEMENT OF ISSUE: Jefferson County Public Health, Water Quality Division, requests Board approval of the Personal Services Agreement between JCPH and Matthew Whetherbee and Timothy Gerrish of Stell for cultural resource assessment; Upon signature — December 31, 2018; $7,904.61 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: The purpose of this agreement is to provide cultural resource assessment(s) in support of property acquisitions for the purpose of floodplain restoration and salmon recovery on the Big Quilcene River (RCO #15-1189 and the JC Department of Public Works Quilcene Floodplain Acquisition Account #5533Q.61.000). The consultant will assist Jefferson County by identifying the presence of historic and cultural resources within the Area of Potential Impact (API) consisting of five parcels in Quilcene, WA. The assessment is required prior to the County removing all improvements, trailers, containers, utilities and solid waste; decommissioning a well and on-site septic system; and planting with seedlings as part of a floodplain restoration project on the lower Big Quilcene River floodplain. FISCAL IMPACTICOST BENEFIT_ ANALYSIS: The contract is fully funded by RCO salmon recovery grant #15-1189 (85%) and the JC Department of Public Works Quilcene Floodplain Acquisition Account #5533Q.61.000 (15%). RECOMMENDATION: JCPH management request approval of Personal Services Agreement, Matthew Whetherbee and Timothy Gerrish of Stell for cultural resource assessment; Upon signature — December 31, 2018; $7,904.61 REVIEWED BY: - �_ _ >7 Philip Marie -- or y, County AdHlni trator l Date Community Health Environmental Health Developmental Disabilities Water Quality 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 PROFESSIONAL SERVICES AGREEMENT Between JEFFERSON COUNTY And Stell THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation of the State of Washington, hereinafter referred to as "the County", and Stell, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Desi nation. The Consultant is retained by the County to a provide cultural resource assessment in support of property acquisitions for the purpose of floodplain restoration and salmon recovery on the Big Quilcene River (RCO #15- 1189 and JC Department of Public Works Quilcene Floodplain Acquisition Account #5533Q.61.000) consistent with Governor's Executive Order 05-05 and Washington State Recreation and Conservation Office Manual 3, Acquiring Land: Policies http://www.reo.wa.,ov/documents/Manuals&Fornis/Manual 3 acc . dF. The project also falls under the auspices of the State Environmental Policy Act. Relevant Washington State laws address archeological sites and Native American burials. The Archaeological Sites and Resources Act [RCW 27.53] prohibits disturbance of known prehistoric and historic archaeological sites on public or private lands. The Indian Graves and Records Act [RCW 27.44] prohibits disturbance of American Indian graves and provides that inadvertent disturbance through construction or other activity requires re -interment under supervision of the appropriate Indian tribe. The assessment(s) will conduct necessary background research to develop a full understanding of the historical context, land use patterns, and previously identified sites within the Area of Potential Impact (API), conduct a Cultural Resources Survey to standard, industry -accepted methods and in compliance with the DAHP Survey and Inventory Standards (www.dah .wa.ov), develop a plan for any additional work, as required, in the event of discovery of historic/archeological resource materials, and produce a summary report of findings and supporting evidence, and adhering to DAHP Survey and Inventory Standards. Newly identified cultural resources identified within the project area will be fully documented. The report(s) must be essentially free of spelling and formatting errors. 2. SCODC 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 Stell - Cultural Resources Assessment(s) Page l of I 1 perform all services and provide work products requested pursuant to this Agreement and identified on Exhibit "A" attached hereto. 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 $7,904.61. Additional cultural resources 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 and other funding mechanisms 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. 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 three (3) years after final payments. Copies shall be made available upon request. 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 Stell - Cultural Resources Assessment(s) Page 2 of 11 this Agreement. 7. Indemnification. Consultant shall indemnify and hold harmless County from and against all judgements, losses, damages, and expenses (including attorney fees and defense costs) to the extent such judgements, losses, damages, or expenses are caused by any negligent act, error, or omission of Consultant or any person or organization for whom Consultant is legally liable. Without limiting the generality of the foregoing, this indemnification obligation shall extend to and include any actions brought by, or in the name of, any employee of Consultant or others for whom the Consultant is legally liable. County shall indemnify and hold harmless Consultant from and against all judgments, losses, damages, and expenses (including attorney fees and defense costs) to the extent such judgments, losses, damages, or expenses are caused by any negligent act, error, or omission of County. The terms and conditions of this Article shall survive completion of all Services, obligations, and duties provided for in this Agreement, or the termination of this Agreement for any reason. However, at no time shall either Party be responsible for Incidental, Consequential or Punitive Damages. 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 Stell - Cultural Resources Assessment(s) Page 3 of 11 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. The County shall be named as an additional insured party under this policy. Professional liability errors & omissions insurance. Consultant shall maintain professional liability insurance that covers the Services to be performed in connection with this Agreement, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this agreement and Consultant agrees to maintain continuous coverage through a period no less than three years after completion of the services required by this agreement. 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 Stell - Cultural Resources Assessment(s) Page 4 of 11 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. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee Stell - Cultural Resources Assessment(s) Page 5 of I I 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. Either party may terminate this Agreement by written notice given to the other party at least thirty (30) days prior to the effective date of such termination. Consultant may terminate its Services if, upon fifteen (15) days written notice to County, through no act or fault of Consultant: 1) the Work is suspended for a period of more than thirty (30) calendar days by County, 2) a stop - work order of a court or other public authority is issued and/or 3) County fails to make payment of invoices as outlined above. Consultant shall recover from County payment for all Services performed to date within fourteen (14) days of County receiving payment for said services 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. Stell - Cultural Resources Assessment(s) Page 6 of 11 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Environmental Public Health Attn: Tami Pokorny 615 Sheridan Street Port Townsend, WA 98368 Ph: 360/379-4498 Notices to Consultant shall be sent to the following address: Julie Erickson, President and CEO Stell 2661776 1h Ave., Suite 205 Edmonds, WA 98026 Ph: 610/286-0100; Mobile: 484/949-1809 www.stellee.com; jerickson@stellee.com 16. Integrated A reg_ement. 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. Approved this day of , 20 BOARD OF COUNTY COMMISSIONERS JEFFERSON COUNTY, WASHINGTON Kathleen Kier, Chair Donna L. Simpson, Contract Specialist/Paralegal, Stell ATTEST: Clerk of the Board Approved as lto form: (,/I- c / PhiliTu sucker Chief Civil Deputy Prosecuting Attorney Jefferson Co. Prosecuting Attorney's Office Stell - Cultural Resources Assessment(s) Page 7 of 11 Exhibit A Scope of Work Big Quilcene River Floodplain Review Appraisal Reports The Contractor will assist Jefferson County by identifying the presence of historic and cultural resources within the Area of Potential Impact (API) consisting of five parcels in Quilcene, WA. The assessment is required prior to the County removing all improvements, trailers, containers, utilities and solid waste; decommissioning a well and on-site septic system; and planting with seedlings as part of a floodplain restoration project on the lower Big Quilcene River floodplain. The API includes the following parcels (APN#s): 991200407 991200405 991200406 702243019 (includes a single family residence located at 161 Rodgers Street) 991201001 Task 1: Plan for Additional Work A. A plan for any additional work, as required, in the event of discovery of historic/archeological resource materials. Newly identified cultural resources identified within the project area will be fully documented on a Washington State Isolate Site Form or Archaeological Site Form and will include a written description of the site and its setting, sketch maps, USGS quadrant maps, and photographs. Deliverables: 1. Plan for Additional Work document emailed in PDF format. Due Date: 10 days from Notice to Proceed. Task 2: Cultural Resources Field Survey and Draft Cultural Resources Assessment Summary Report A. Have all utilities on-site clearly marked prior to initiation of any fieldwork activity. B. Conduct necessary background research to develop a full understanding of the historical context, land use patterns, and previously identified sites within the API. C. Conduct the Survey to standard, industry -accepted methods appropriate to the project area and landform. All survey activities will comply with the DAHP Survey and Inventory Standards (wy .dah .wa. 7ov). D. Record the house located at 161 Rodgers St., built in 1920, on Historic Property Inventory forms. E. Produce a draft summary report of findings including supporting evidence for the findings and adhering to DAHP Survey and Inventory Standards. The report will provide context on pertinent land use customs and beliefs, identify sites within the project area, discuss methods used to survey the project area, and include Stell - Cultural Resources Assessment(s) Page 8ofII recommendations on the eligibility of the site(s) and the likelihood of construction impacts. Deliverables: 1. Draft Cultural Resources Assessment Summary Report emailed to Jefferson County Environmental Public Health in Word (.doc or similar). Due Date: 30 days from Notice to Proceed Task 3. Final Cultural Resources Assessment Summary Report Deliverables: 1. Submit final summary report to the RCO (Mike. Ramsey (a)rco.wa. iov) and, as needed to DAHP, affected tribes, agencies and other concerned parties. 2. One signed hard copy and an electronic copy (PDF) of the report to Jefferson County Environmental Public Health. Due Date: 10 days from receipt of County comments. Stell - Cultural Resources Assessment(s) Page 9 of 11 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 CERTIFICATION OF AGENCY OFFICIAL Signature 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 Stell - Cultural Resources Assessment(s) Page 10 of I 1 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 cornmission of any of the offenses enumerated in paragraph (2) of this certification; and 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 Stell - Cultural Resources Assessment(s) Page 11 of 1 l