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HomeMy WebLinkAbout100818_ca09615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicH@6ii�ffhenda Public Healt September 7, 2018 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Stuart Whitford, Environmental Public Health Director Michael Dawson, Water Quality Manager DATE: October 8, 2018 SUBJECT: Agenda Item — Professional Services Agreement with Herrera Environmental Consultants for the Anderson Lake Management Plan; September 1, 2018 — June 15, 2019; $24,900 STATEMENT OF ISSUE: Jefferson County Environmental Public Health requests Board approval of the Professional Services Agreement with Herrera Environmental Consultants for the Lake Anderson Lake Management Plan; September 1, 2018 — June 15, 2019; $24,900 ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S: This agreement is to conduct lake monitoring and analysis, along with stakeholder meetings in preparation for the Anderson Lake Management Plan. Tasks include data collection, review and analysis and report preparation. The goal of this project is to prepare a nutrient budget for Anderson Lake and develop a Lake Management Plan with Washington State Parks and Fish and Wildlife. The professional services of a limnologist with experience in the control of cyanobacteria in Washington lakes is required by Ecology to fulfill these goals. FISCAL IMPACT/COST BENEFIT ANALYSIS: This agreement is funded by the Anderson Lake Management Plan Project grant from the Washington Department of Ecology Freshwater Algae Program to Jefferson County Public Health/Water Quality. RECOMMENDATION: JCPH management request approval of the Professional Services Agreement with Herrera Environmental Consultants for the Lake Anderson Lake Management Plan; September 1, 2018 — June 15, 2019; $24,900 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 (t) 360-379-4487 PROFESSIONAL SERVICES AGREEMENT FOR Anderson Lake Management Plan Herrera Environmental Consultants, Inc. THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Herrera Environmental Consultants, Inc., 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 complete the Anderson Lake Management Plan. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Tillie for Performance. This Agreement shall commence on September 1, 2018 and continue through June 15, 2019 unless terminated as provided herein. Work performed prior to the execution of this contract is hereby ratified. 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 $24,900 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, 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. The Consultant's records and accounts pertaining to this agreement are to be kept CONSULTANT AGREEMENT C:\Users\jennym\Desktop\CONTRACTS\HerreraConsulting\ProFessional Services Agreement - Anderson Lake Herrera docx rev 4/11 Page 1 of 6 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 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. 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; CONSULTANT AGREEMENT C:\Users\jennym\Desklop\CONTRACTS\HerreraConsulling\Professional Services Agreement -Anderson Lake Herrera docx rev 4/17 Page 2 of 6 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 CONSULTANT AGREEMENT C:\Users\jennym\Desktop\CONTRACTS\HerreraConsulting\)rofessional Services Agreement - Anderson Lake Herrera docx rev 4/17 Page 3 of 6 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 CONSULTANT AGREEMENT C \Users\jennym\Desktop\CONTRACTS\HeireraConsulting\Professional Services Agreement - Anderson Lake Herrera docx rev 4/17 Page 4 of 6 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: Michael Dawson Jefferson County Public Health 615 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Rob Zisette Herrera Environmental Consultants, Inc. 2200 Sixth Ave, Suite 1100 Seattle, WA 98121 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. CONSULTANT AGREEMENT C:\Users\jennym\Desktop\CONTRACTS\HerreraConsulting\Proressional Services Agreement - Anderson Lake Herrera docx rev 4/17 Page 5 of 6 DATED this SIGNATURE PAGE day of Herrera Environmental Consultants, Inc. Name of Consultant Theresa Wood Consultant's Representative (Please print) (Signature) Vice-president Title Date , 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS David Sullivan, Chair Kate Dean, Member Kathleen Kler, Member ATTEST: By: Carolyn Gallaway, Deputy Clerk of the Board Approved as to Fors i onl By: V " c _Z -Y j Philip C. Hunsucker Chief Civil Deputy Prosecuting Attorney CONSULTANT AGREEMENT C:\Users\jennym\Desktop\CONTRACTS\HerreraConsulting\Proressional Services Agreement - Anderson Lake Herrera docx rev 4/17 Page 6 of 6 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Public Hec�lt EXHIBIT A. SCOPE OF WORK Proiect Overview The Anderson Lake Management Plan Project is funded by the Washington Department of Ecology ("Ecology") under contract with Jefferson County Public Health ("the COUNTY"). Herrera Environmental Consultants, Inc. ("the CONSULTANT") is retained through this agreement to perform the following tasks. Project Area The project area includes Anderson Lake State Park and the watershed around Anderson Lake (See Exhibit C). Task 1— Lake Monitoring and Analysis Subtask 1A— Data Review, Study Design, and QAPP Preparation The COUNTY will provide the CONSULTANT with historical data, the draft Quality Assurance Project Plan (QAPP) prepared by the COUNTY, and comments by Ecology on the draft QAPP. Historical data may include but not be limited to: lake water quality, lake water level, lake bathymetry/volume, precipitation, cyanobacteria toxin concentrations, algae species presence/dominance, stream water quality, stream flow, and watershed soils, land uses, stormwater drainages, and sanitary wastewater systems. The CONSULTANT will review the historical data, draft QAPP, and Ecology's review comments. The CONSULTANT will discuss potential revisions of the study design components and methodologies with the COUNTY to cost-effectively meet the project objectives. The CONSULTANT will edit and comment on a Word version of the draft QAPP based on this review and discussion to address the study design, quantity and quality of the data, calculations and presentations of the data, and the proposed water and nutrient budget methodology. The COUNTY will prepare a revised draft QAPP based on input from The CONSULTANT on the draft QAPP previously prepared by THE COUNTY for Ecology. The CONSULTANT will provide THE COUNTY with edits and comments on the revised QAPP using tracked changes in a Word document. The CONSULTANT will also assist the County with responses to comments by Ecology on the revised draft QAPP. Subtask 1B — Data Collection and Analysis The CONSULTANT will review data collected for the project by the County to ensure the quantity and quality of the data are being collected in accordance with the QAPP. The CONSULTANT will prepare data tables and charts for data interpretation, and calculate summary statistics for comparison to historical data, trophic state indices, and water quality standards. The CONSULTANT will calculate water and phosphorus mass balances for lake storage, each surface inflow stream, non -point pollution inputs, lake outflow, direct precipitation, and groundwater inflow/outflow at the time steps defined in the QAPP. The CONSULTANT will evaluate sediment phosphorus fraction data to calculate internal phosphorus loadings and the amount of aluminum needed for sediment phosphorus inactivation by a buffered aluminum sulfate (alum) treatment. Internal phosphorus loading from sediment release also will be calculated based on the rate of change in lake storage and external sources of phosphorus for 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 comparison to the sediment phosphorus fraction method. External phosphorus loadings also will be calculated using phosphorus wash -off rates for each land use category from the literature for comparison to loadings calculated from the collected water quality and flow data. The amount of aluminum needed for sediment phosphorus inactivation by a buffered aluminum sulfate (alum) treatment will be calculated using methods developed by the CONSULTANT and other researchers. Data review findings, calculations, tables, and graphs will be presented in the Water Quality Report (Subtask 1C). Subtask 1C — Nutrient Budget and Water Quality Report Preparation The CONSULTANT will use the historical and collected project data to evaluate water quality and biological conditions in the lake. Water quality conditions will be summarized in tables and graphs of physical, chemical, and biological parameters measured in the lake for the project with comparison to historical data, trophic state indices, and water quality criteria. Lake data will include but not be limited to vertical profiles of thermal stratification and other field parameters, phosphorus and nitrogen concentrations in shallow and deep water samples, and algae abundance and cyanotoxin data in open water and nearshore scum samples, aquatic macrophyte species and distribution data, waterfowl population data, and fish species and trout stocking data. The CONSULTANT will develop water and phosphorus budgets for the lake based on the historical and collected project data. A nitrogen budget will not be prepared based on the assumption that phosphorus will be identified as the limiting nutrient for algae growth. The water and phosphorus budgets will consist of simple spreadsheet models accounting for all inputs/gains, outputs/losses, and change in lake storage amounts at the time steps identified in the QAPP, as described below for the Work Plan. The CONSULTANT will prepare a water budget accounting for all inputs and outputs of water as ew,00reton depicted in the adjacent conceptual schematic. Data A v�� t��n sources will be defined in the QAPP and are s+u=RunoH ouc�e� assumed to include: Inputs of direct precipitation from a nearby rain gauge, surface runoff and stream storm 6roundwatmr� flow using the Simple Method based on basin area and land -use runoff coefficients, and stream base flow from discharge measurement data. Outputs of evaporation from pan evaporation data and lake outlet flow data from a stream gauge. Change in lake storage volume based on lake level and bathymetric data. Net groundwater input and output volumes based on residual gains and losses from all other sources of water to the lake. 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 The CONSULTANT will prepare a phosphorus budget accounting for all inputs and outputs of total phosphorus (TP) as depicted in the adjacent conceptual schematic. Data sources will be defined in the QAPP and are assumed to include: Inputs of direct precipitation from TP concentrations in rainfall from the literature, surface runoff from TP outflows 14 • omtet • Groundwater Internal Cycling Inflows • P(Kipilation — ® _ — i • Surface Rurroa _ _ , J , • Groundwater _ Hypollmnlon Loading7t11 Sedimentation (Internal Sedlment Release) (Burial) concentrations in storm flow stream samples, and stream base flow and shallow groundwater from TP concentrations in base flow stream samples. Outputs of the lake outlet from TP concentrations in lake surface water samples, and deep groundwater outflow from TP concentrations in lake bottom water samples. Change in lake phosphorus storage from TP concentrations in the lake. Internal sediment phosphorus release from lake sediment phosphorus fraction data (sediment release equation) and the rate of change in bottom water phosphorus concentrations during the summer (hypolimnion accumulation). Residual phosphorus inputs from the mass balance to include gains from waterfowl feces and aquatic plant decay, and losses from sedimentation. The CONSULTANT will prepare a Water Quality Report presenting and discussing the lake water quality conditions, and the water and nutrient budgets. Possible lake management options will be identified, and relative effectiveness, costs, and advantages/disadvantages will be assessed for each option based on the project findings and the CONSULTANT's lake management planning experience. Up to three feasible management options will be identified for further consideration and evaluation in the Lake Management Plan. The CONSULTANT will prepare a preliminary draft Water Quality Report for review by THE COUNTY, a draft Water Quality Report for review by stakeholders, and a final Water Quality Report addressing comments and questions on the draft Water Quality Report. Task 2 — Lake Management Plan Subtask 2A — Stakeholder Meetings The CONSULTANT's principal investigator will attend two stakeholder meetings organized by the COUNTY. The purpose of the first meeting is to gather input on the draft Water Quality Report for preparation of the draft Lake Management Plan, and the purpose of the second meeting is to gather input on the draft Lake Management Plan. It is assumed that The CONSULTANT's principal investigator will attend the first meeting in person in the Port Townsend area, and will attend the second meeting remotely. For the first meeting, the CONSULTANT will prepare a presentation summarizing findings of the final Water Quality Report (Subtask 1C), including the water and phosphorus budgets and feasible management options. For the second meeting, the CONSULTANT will be prepared to discuss written Community Health Environmental Health Developmental Disabilities Water Qualify 360-385-9400 360-385-9444 360-385-9401 (f) Always working for a safer and healthier community (f) 360-379-4487 comments provided by stakeholders on the draft Lake Management Plan prepared by the COUNTY (Subtask 2B). Subtask 2B — Lake Management Plan Preparation The COUNTY will prepare a draft and final Lake Management Plan based on the Water Quality Report (subtask 1C) and stakeholder input (subtask 2A). The CONSULTANT will provide technical review comments on a preliminary draft Lake Management Plan, and assistance with responses to stakeholders on the draft Lake Management Plan. Deliverables and Schedule The proposed schedule of deliverables is provided in Table 1 based on a project start date of September 1, 2018. To meet grant deadlines, the schedule does not allow for collection of additional water quality and hydrologic data during summer months. The schedule may be adjusted if additional time is needed to gather information and a grant extension is obtained from Ecology. Task Table 1. Project Deliverables Schedule Deliverable Subtask 1A —Data Review, Data, study design, and draft QAPP review Study Design, and QAPP J Comments Preparation Review Comments on THE COUNTY's Revised Draft QAPP Subtask 113 — Data Collection and Analysis Subtask 1C — Nutrient Budget and Water Quality Report Preparation Subtask 2A — Stakeholder Meetings Data tables and graphs in Water Quality Report (Subtask 1C) Preliminary Draft Water Quality Report Draft Water Quality Report Final Water Quality Report Meeting 1- Presentation of Draft Water Quality Report Meeting 2 - Discussion of Draft Lake Management Plan Subtask 2B — Lake ManagementI Comments on Preliminary Draft Lake Plan Preparation Management Plan Community Health Developmental Disabilities 360-385-9403 360-385-9401 (f) Responses to Comments on Draft Lake Management Plan Always working for a safer and healthier community Due Date 9/14/18 10/12/18 As Per Subtask 1C 3/15/19 4/5/19 5/3/19 4/19/19 6/5/19 5/17/19 6/7/19 Environmental Health Water Quality 360-385-9444 (f) 360-379-4487 Public Healt�i EXHIBIT B. BUDGET 615 Sheridan Street Port Townsend, WA 98368 www.JeffersonCountyPublicHealth.org Task Subtask Budget 1— Lake Monitoring 1A — Data Review, Study Design, and QAPP Preparation $ 4,797 and Analysis 113 — Data Collection and Analysis $ 8,793 1C — Nutrient Budget and Water Quality Report Preparation $ 8,003 Subtotal $ 21,593 2 — Lake Management 2A — Stakeholder Meetings $ 1,805 Plan 2B — Lake Management Plan Preparation $ 1,502 Subtotal $ 3,307 Total $ 24,900 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 615 Sheridan Street Port Townsend, WA 98368 www.jeffersonCountyPublicHealth.org Public Health EXHIBIT C. PROJECT AREA Community Health Developmental DisaUlitles 360-385-9400 360-385-9401 (f) Always working for a safer and healthier community Environmental Health Water Qualify 360-385-9d44 (f) 360-379-4487