HomeMy WebLinkAbout052918_ca03 Department of Public Works
O Consent Agenda
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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: May 29, 2018 (�
Subject: Professional Services Agreement for Environmental Permitting -- Upper
Hoh Road MP 9.7 to MP 9.8 Emergency Repair, County Project No.
18019880
Statement of Issue: Public Works requests to execute a professional services agreement with
Widener Et Associates, of Everett, Washington for environmental permitting on the previously
completed Upper Hoh Road MP 9.7 to MP 9.8 emergency repair.
Analysis/Strategic Goals/Pro's Et Con's: This contract is for federal permitting coordination
work required as follow up to the previously completed Upper Hoh Road MP 9.7 to MP 9.8
emergency repair. This section of road (approximately 300 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 Highway Administration (FHWA)
financial assistance; however, a Biological Evaluation 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 after-the-fact
permitting, and a Biological Evaluation, including consultation with federal agencies and
coordination with WSDOT and FHWA.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable for this contract is
$34,491. The work will be funded at 86.5% by FHWA. Jefferson County is responsible for the
remaining 13.5%.
Recommendation: Please sign the three (3) contracts and return to Public Works for further
processing.
Department Contact: Mark Thurston, P.E., Project Manager, 385-9210.
RAVI By:
-ip Morl , Con Administr or Date
• PROFESSIONAL SERVICES AGREEMENT FOR
Environmental Documentation and Permitting
Upper Hoh Road MP 9.7 to MP 9.8 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 Upper Hoh Road MP 9.7
to MP 9.8.
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.
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 $34,491.00 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
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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.
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;
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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.
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
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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 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
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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&Associatese 2Z
0
venue -)" /9)ifC* S� �j
Everett, WA-9-8204-1302 'a
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.
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w
SIGNATURE PAGE
DATED this day of , 20 .
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
•
10 c,K /t)C, l:C bo Lad{firer F?/1-5.$004-feS
Name of Consultant David W. Sullivan,Chair
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Co tant's Representative(Please print) Kate Dean,Member
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Kathleen Kier,Member
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Title
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Date
Approved as to form only:
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Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
55bi/$
Mon : ' ems ers, P.E. ate
Public W2 s D. - or/County Engineer
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Exhibit A
Scope of Work
Upper Hoh Road MP 9.7-9.8 Emergency Repair:
Environmental Documentation and Permitting
OBJECTIVE
The objective of this Agreement is to provide professional services necessary for the preparation of environmental
documentation and permitting, for emergency repair work completed in February 2016 at Upper Hoh Road MP
9.7-9.8 in unincorporated Jefferson County near Forks, Washington. This documentation and permitting is being
required by the FHWA and Army Corps. of Engineers. The Army Corps. granted permission to perform the
emergency work, and is now requiring that Jefferson County follow through with the required permits and
documentation, or remove the rock placed during the emergency. The documentation and permits will address
only the completed emergency repair work.
SERVICES
The Consultant will perform all services and furnish all materials necessary to accomplish the following work items:
TASK 1—ENVIRONMENTAL DOCUMENTATION AND PERMITTING
The following tasks are intended to provide the coordination,analysis and documentation necessary to provide the
required permitting of the completed emergency repair work,in accordance with federal and state requirements.
1.1 Coordination with Agency
Prior to beginning work, the Consultant will coordinate with Agency staff and state and federal agencies as
necessary to identify the specific permitting and documentation requirements, and develop a strategy for
completing them.
Deliverables: Memoranda documenting the coordination activities with state and federal agencies.
1.2 Progress Reports and Invoices
The Consultant will provide monthly progress reports along with the monthly invoices. The Consultant will provide
monthly invoices including the following:
a) Name of each employee that worked on the project in the billing period
b) Each employee's job classification
c) Each employee's hours worked
d) Each employee's hourly wage rate
Exhibit A-Scope of Work Page 1 of 3
e) Each invoice will also include all direct non-salary costs and copies of supporting invoices or bills. The
Agency will disallow all or part of any claimed cost,which is not adequately supported by documentation.
Deliverables:Monthly Invoices and Progress Reports. Billing tasks will be the key tasks shown in the fee estimate.
1.3 Biological Assessment
The Consultant will prepare a Biological Assessment (BA) for the completed work in accordance with
WSDOT/FHWA requirements. 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 description of the species and
their habitat,and an analysis of project effects.
• Provide the draft BA to the Agency. The Agency will review the draft BA and also transmit it to
WSDOT/FHWA for review and approval.
• Revise the BA, as appropriate, and submit the final BA to the Agency. The Agency will transmit the final
BA to WSDOT. WSDOT will determine lead federal agency status and will directly conduct the
consultation with USFWS and NOAA Fisheries to negotiate possible mitigation measures and concurrence.
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.
Three copies of a final BA that incorporates all comments.
Exhibit A-Scope of Work Page 2 of 3
1.4 NEPA Categorical Exclusion(CE)
The Consultant will prepare a draft ECS for Agency and WSDOT review. After review the Consultant will finalize the
CE for submission to WSDOT/FHWA.
Deliverables: Draft and final CE
1.5 Joint Aquatic Resource Permit Application(JARPA)
The Consultant will prepare a draft JARPA for Agency review. After review the Consultant will finalize the JARPA
for submission to WSDOT/FHWA. The Agency will provide JARPA drawings as necessary per Army Corps
requirements.
Deliverables: Draft and final JARPA
MANAGEMENT RESERVE
The Consultant will perform tasks associated with the project that may be necessary to successfully meet the
project goal. Tasks will included, but may not be limited to additional coordination with permitting agencies. The
Consultant will utilize the Management Reserve only with written authorization from the Agency.
POSSIBLE FUTURE WORK:
The Consultant may be considered for future work, which may include amending the environmental
documentation and permits completed under this scope of work to include possible mitigation measures. It may
also include assisting the Agency in obtaining other required permits for completing mitigation work at Upper Hoh
Road MP 9.7-9.8.
•
Exhibit A-Scope of Work Page 3 of 3
ti
Exhibit B
Protect Name Upper Hoh Road MP 9.7=9.8 Emergency Repair
Client; ;, Jefferson County/Mark"Thurston.
Location= -" - "° Jefferson County ,_ _ Date, ' 3/15/2018
Project Project -
Task 1 Manager Biologist
Hours Hours
1.1 Agency Coordination 10 4
1.2 Progress Reports and Invoices
1.3 Biological Evaluation
Draft 24 80
Final 2 8
Agency Comments 16 8
1.4 NEPA CE
Draft 4 24
Final 2 4
Agency Comments 4 8
1.5 Joint Aquatic Resources Permit Application(JARPA)
Draft 4 40
Final 2 8
404 16 8
401 6 6
Total hours 90 198
Summary Hours Rate Cost
Project Manager 90 $71.00 $6,390.00
Project Biologist 198 $31.00 $6,138.00
Total Labor $12,528.00
WSDOT Safe Harbor Rate(110%overhead) $13,780.80
Fixed Fee(30%) $3,758.40
Management Reserve (18*71*2.4)+(8*31*2.4) $ 3,662.40
Mileage $ 761.40
TOTAL ESTIMATED COST $34,491.00
WI &AS S