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HomeMy WebLinkAbout121718_ca28 Department of Public Works O Consent Agenda Page 1 of 2 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, PE, Public Works Director/County Engineer f' Agenda Date: December 17, 2018 Subject: Professional Services Agreement for Legislative Liaison Services: Upper Hoh Road, General Roads Department Support, and Port Hadlock Wastewater System Statement of Issue: Since 2012, Jefferson County Public Works has maintained a professional services agreement for legislative liaison services with consultant Strategies 360, Inc. (S360). The professional services agreement, entered into July 11, 2016, will soon expire on December 31, 2018. The agreement is for governmental relations assistance to improve Jefferson County's standing as a beneficiary of state and federal budgets and advancement into specific funding programs related to Public Works projects for roads and sewer. There is sufficient funds in the existing contract to extend the S360 contract for a state biennium, 2019-21. Additional funds are necessary to increase efforts. Analysis/Strategic Goals/Pros Et Cons: To continue the pursuit of fully funded projects, a contract extension is warranted that continues the existing scope of work through June 2020. Here are the specific topics and issues requiring S360 assistance: • The Port Hadlock Wastewater System is the County's top priority infrastructure project, intended to provide urban service to the Port Hadlock and Irondale areas which will allow urban zoning and intentional growth. • The Upper Hoh Road has approximately 90% of the general traffic generated by Olympic National Park visitors to the Hoh Rainforest. The first 12 miles of the Upper Hoh Road are one of the most difficult and expensive roadways to maintain in Jefferson County's road log inventory. • Revenues to the County Road Fund through Secure Rural Schools, Motor Vehicle Fuel Tax, PILT from DNR lands and property taxes have decreased substantially requiring the department to implement a variety of strategies to manage the situation including proactively seeking funds through grants and legislative appropriations. G:\Transportation\Government Relations\Strategies 360\Contract&scope\2016 Agreement\Agenda Request Strat360 2016 contract extension.docx Department of Public Works O Consent Agenda Page 2 of 2 Fiscal Impact/Cost Benefit Analysis: The extended contract is for services at the original hourly rate through June 2020 with a new maximum total contract value of $106,500. The original not to exceed contract value was increased by $14,000. No other changes to the contract are necessary. S360 has been very effective in developing legislative and congressional support for the County. In 2010, the Port Hadlock Wastewater System received a $1,000,000 Special Appropriations Act Project (SAAP) grant from the federal government. Since 2011, the County has received $17,900,000 from federal and state funding for the management and repair of the Upper Hoh Road. Recommendation: The Board is requested to sign the three original Supplemental Agreements No. 1 to the 5360 professional services agreement. After signing, return two fully-executed addenda to Public Works for distribution to the consultant and for the Department's project file. Department Contact: Wendy Clark-Getzin, PE, Transportation Planner 360-385-9162 Reviewed By: "er •/. ip Morley, C. . - Date G:\Transportation\Government Relations\Strategies 360\Contract&scope\2016 Agreement\Agenda Request Strat360 2016 contract extension.docx Supplemental Agreement Number: 1 Organization,Address, and Phone: Strategies 360, Inc. 1505 Westlake Ave N., Suite 1000 Agreement Number: N/A Seattle, WA 98109 206-282-1990 main Project Number: N/A Execution Date: Completion Date: December 17, 2018 June 30, 2020 Project Title: Legislative Liaison Services New Maximum Amount Payable: $106,500 Description of Work: Governmental Liaison and Legislative Services for the following project areas: a) Upper Hoh Road Management, b) General Roads Support,and c) Port Hadlock Wastewater System Project. SUPPLEMENTAL AGREEMENT The Local Agency of Jefferson County Public Works hereby amends the professional services agreement with Strategies 360 Inc. ("the Agreement") executed on July 11, 2014. All provisions in the Agreement remain in effect, except as expressly modified by this Supplemental Agreement Number 1("this Supplemental Agreement"). The changes to the Agreement are described as follows: I. The scope of work listed in "Exhibit A"pursuant to the Agreement remains as performed by Consultant staff Paul Berendt and Crystal Ellerbe. Any personnel changes to the key Consultant staff will be approved by the County in writing. II. The Agreement shall expire the end of day on June 30, 2020. This Supplemental Agreement shall be effective upon execution by both parties. III. In the 48-month contract period as modified by this Supplemental Agreement, the maximum total payable amount is $106,500. The original Agreement not to exceed value of$92,500 is increased by $14,000. Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 1 oft In witness whereof,the parties hereto have executed this Supplemental Agreement as shown below. COUNTY OF JEFFERSON STRAT_ _ ES 360, INC. BOARD OF COMMISSIONERS Ron Dotzauer, Chief Executive Officer David Sullivan, Chair Date Date Kate Dean, Member Date Kathleen Kier, Member Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker 4/30/2018 Chief Civil Deputy Prosecuting Attorney - 118 Mont- .- '. Date Public Works Director/County Engineer Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of 2 7.9 ; y PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LIAISON SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Strategies 360, Inc.,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 professional consultation services in connection with the projects designated"Upper Hoh Road Management", "General Roads Department Support"and"Port Hadlock Wastewater System Project." 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". Contract shall expire the end of the day on December 31, 2018. 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$92,500.00 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. 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. d. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of three(3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including CONSULTANT AGREEMENT Page I of II 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 CONSULTANTS performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars($1,000,000)per occurrence and a aggregate of not less than two(2)times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; d. Premises—Operations Liability(M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. 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: CONSULTANT AGREEMENT Page 2oFtl • * 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. 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 CONSULTANT AGREEMENT Page 3 of 11 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 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. CONSULTANT AGREEMENT Page 4 of 11 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: Strategies 360, Inc. 1505 Westlake Ave N#1000 Seattle, WA 98109 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 Page 5ofLI SIGNATURE PAGE PROFESSIONAL SERVICES AGREEMENT FOR LEGISLATIVE LIAISON SERVICES DATED this f/ day of 2016. SIGNATURE PAGE AlIF JEFFERSON COUNTY BOARD OF COMMISSIONERS Consultant/ 1<q)(14. _ c-ke 4111PA Kathleen Kler,Chair 1W V a k egg ' 4 4 4 , Eric Sorenson, President Date Phil Johnso !embe ir,, i // David W. Sullivan,Member Approved as to rm only: 6/201 j t. COCO4 David Alvarez Date Deputy Prosecuting Attorney . 7r/ Monte R z. •• '.E. ate Public Works Director/County Engineer CONSULTANT AGREEMENT Page 6 of I I EXHIBIT"A" SCOPE OF SERVICES The Consultant will provide strategy development, legislative liaison, and communications services to achieve the following project goals: GOALS • Bring more resources and management capacity to the Upper Hoh Road in order to provide secure access for residents, landowners,businesses and Olympic National Park (ONP)visitors. Strengthen the Federal and State commitment to the collaborative management of the first twelve miles of the Upper Hoh Road, from U. S. Highway 101 to the ONP boundary. • Bring more resources to Jefferson County Public Works Roads Division in order to support the management of transportation facilities developed and managed by Jefferson County Public Works. • Implement a state and federal funding strategy for the Port Hadlock Wastewater System with the objective securing state and federal funding for the Port Hadlock Wastewater System in order to bring down final cost to sewer customers. GENERAL SERVICES Strategy Session The Consultant will participate in a phone-in strategy session with the County twice per year, and as further required by the County,to discuss work anticipated to occur and estimated level of effort and costs. Upper Hoh Road In an effort to meet the project goal and Memorandum of Understanding objectives,the services that the Consultant is requested and agrees to perform include,but are not limited to,the following: • Engage federal delegation as necessary to ensure successful completion of the$13 million Federal Lands Access Program (FLAP)project and ensure funding remains secure as complex project issues are resolved. • Implement agreed upon strategy and advocate for support to meet the project goal and the Memorandum of Understanding objectives. Continually monitor progress towards achievement of the goal and objectives. Continually adjust strategy and action items, as circumstances require and with concurrence of the County. • Provide general on call services including but not limited to ensuring compliance of the Memorandum of Understanding: Upper Hoh Road Interagency Working Group(recorded May 24, 2016, AFN 599521)by all federal and state partners, provide support for additional resources through the Federal Land Access Program (FLAP), or other federal and state programs, provide additional strategic guidance to keep the Federal Government land managers and transportation managers engaged in developing solutions to ensure CONSULTANT AGREEMENT Page 7 of 1 I access to Olympic National Park(ONP)and residents. • Secure funding for road reconstruction in response to emergency events. • Arrange for meetings and testimony of County staff and/or County Commissioners to advocate support for the realizing the project goal, as needed. • Meet with Federal elected officials, State elected officials, and local elected officials to develop support and familiarity with the situation and desired outcome. • Arrange for discussions with stakeholders including affected West End residents and business owners, ONP,Western Federal Lands Highway Division(WFLHD),the Hoh Tribe, the Hoh River Trust, the City of Forks,the Federal Highway Administration (FHWA),WSDOT, and the Washington State Department Fish and Wildlife(WDFW). Solicit support and address concerns. • Assist with maintenance of continual communication with stakeholders,negotiation of agreements, and development of information and outreach materials and strategies for constituents. • Assist the County, as needed, to negotiate interim solutions to Upper Hoh Road management challenges with associated stakeholders until such time as a long-term solution is achieved. • Assist the County, as needed,to negotiate a long-term agreement that designates WFLHD or ONP as the proactive manager of the roadway in terms of capital projects and emergency repairs, essentially as if the road were inside the boundary of the National Park. General Roads Department Support In an effort to meet the project goal,the services that the Consultant is requested and agrees to perform include, but are not limited to,the following: • Maintain contact with State and Federal elected officials to develop familiarity with and support for Jefferson County's transportation funding needs. • Provide coordination with local elected officials, as needed,to develop familiarity with State and Federal elected officials and their staff to advocate support for Jefferson County's transportation funding needs. • Secure funding for construction and maintenance of motorized and nonmotorized transportation facilities. • Secure funding for reconstruction of transportation facilities in response to an emergency event. • Arrange for meetings and testimony of County staff and/or County Commissioners to advocate support for Jefferson County's transportation funding. • Collaborate with County staff regarding funding strategy and opportunities for State and Federal program funds. • Advocate at State and Federal levels for continued and increased support of existing funding sources such as Secure Rural Schools(SRS)and Payment in Lieu of Taxes (PILT), Motor Vehicle Fuel Tax(MVFT) and Transportation Benefits District(TBD). • Advocate at the State level for plan implementation and project funding of the Washington State Department of Transportation(WSDOT) SR 19/SR 20 Corridor Plan: SR 104 to Port Townsend Ferry Terminal. CONSULTANT AGREEMENT Page 8 of 11 Port Hadlock Wastewater System In an effort to meet objectives and the project goal, the services that the Consultant is requested and agrees to perform include, but are not limited to, the following: • Implement agreed upon strategy and advocate support to meet project goal and objectives.Continually monitor progress towards achievement of goals and objectives and adjust strategy and action items as circumstances require and with concurrence of the County. • Monitor and investigate opportunities for state and federal appropriations, and/or alternative funding streams. • Maintain contact with key state legislative representatives, legislative committees and staff to raise awareness of project needs and pursue funding opportunities. • Maintain contact with federal congressional representatives and staff to raise awareness of project needs and pursue funding opportunities. • Collaborate with project team regarding funding strategy and opportunities for state and federal program funds. • Provide local strategic advice; assist with media relations and collation building. • Assist with the development of project information and outreach materials to meet specific needs of state and federal funding strategies. TIME FOR PERFORMANCE The contract period for this Agreement expires on December 31,2018. Should project goals and objectives be met prior to the maximum contract period, Consultant work will cease at the County's notification according to the terms specified herein. DELIVERABLES • Provide on a monthly basis written progress reports that describe recent activities, accomplished goals,planned activities, identified issues, anticipated milestones, future action items and recommended actions. PROJECT TEAM Upper l loh Road and General Roads Department Support • Strategies 360, Inc. Senior Vice President Paul Berendt will serve as the lead for the Consultant on the project. The Consultant team will include Washington DC-based Senior Vice President Tylynn Gordon, Washington DC-based Federal Relations Director Nate Potter,and others as selected by the Consultant and the County. • Transportation Planner Zoe Ann Lamp,AICP, will serve as the project manager and point of contact for the County,with direct involvement of Monte Reinders, Public Works Director and County Engineer. Port Hadlock Wastewater System • Strategies 360, Inc. Senior Vice President Paul Berendt will serve as the lead for the CONSULTANT AGREEMENT Page 9 of I I Consultant on the project. • Monte Reinders,Public Works Director/County Engineer or his designated representative will be the point of contact for the County. • Project Consultant Team will participate in strategy, outreach materials and communications—Kevin Dour,Tetra Tech;Katy Isaksen,Katy Isaksen& Associates; Robert Wheeler, Triangle and Associates. CONSULTANT AGREEMENT Page 10 of 1 i EXHIBIT"B" CONSULTANT FEE DETERMINATION The County agrees to pay the Consultant for services Consultant performs pursuant to this Agreement according to an hourly billing schedule over the approximately 30-month contract period, with a maximum total payable amount of$92,500. The County agrees to pay the Consultant at a rate of$200 per hour for services outlined and described in this Agreement. The monthly service is anticipated to average 8 hours per month. In no case shall the compensation exceed$6,000 per month without prior written consent of the County. The Consultant shall provide an invoice to the County indicating the number of hours of service for each project/goal and types of services provided in the previous month. The rate of compensation shall be billed per hour per government relations team member, whether located in Seattle,WA or Washington, DC. The hourly rate shall cover all services provided each calendar month, including costs associated with clerical administration, copying,postage or other delivery,and travel. The Consultant shall be responsible for all expenses associated with performing services pursuant to this Agreement. CONSULTANT AGREEMENT Page 11 of 11