HomeMy WebLinkAbout050619_ca07615 Sheridan Street
Port Townsend, WA 98368
�e Mon www.JeffersonCountyPublicHealth.org
Public He� Consent Agenda
April 16, 2019
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Stuart Whitford, Environmental Public Health Director
Tami Pokorny, Natural Resources Program Coordinator
DATE: �( �) r DO 9
SUBJECT: Agenda Item — Personal Services Agreement with Stratum Group; Upon
signature — December 31, 2020; $2,100
STATEMENT OF ISSUE:
Jefferson County Public Health requests Board approval of the Personal Services Agreement with Stratum
Group; Upon signature — December 31, 2020; $2,100
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
This agreement with Stratum Group is to provide phase I environmental site assessments to support property
acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon recovery (RCO #16-1480
and #17-1052). The assessments are for APNs 991200505, 991200503, 991200401, 991200501, and
702241004.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This personal services agreement is funded by a RCO and WA Department of Ecology grants and has no impact
to the Jefferson County General Fund.
RECOMMENDATION:
JCPH management request approval of the Personal Services Agreement with Stratum Group; Upon signature —
December 31, 2020; $2,100
REVIEWED BY:
Philip Morley, County Administrator Date
Community Health Environmental Public Health
Developmental Disabilities 360-385-9444
360-385-9400 (f) 360-379-4487
360-385-9401 (f) Always working for a safer and healthier community
PERSONAL SERVICES AGREEMENT
Between
Stratum Group
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and the Stratum Group of Bellingham, WA, hereinafter
referred to as "the Subcontractor", in consideration of the mutual benefits, terms, and conditions
hereinafter specified.
Project Designation. The Consultant is retained by the County to provide phase I
environmental site assessments to support property acquisitions for the purpose of Big
Quilcene River floodplain restoration and salmon recovery (RCO #16-1480 and #17-1052).
The reports will be consistent with Washington State Recreation and Conservation Office
Manual 3, Acquisition Projects and in general conformance to the ASTM Standard Practice
E 1527-13 and the Federal Standards and Practices for All Appropriate Inquiries (40 CFR
Part 312).
2. Scope of Services. Subcontractor agrees to perform the services, identified on Exhibit A,
attached hereto, including the provision of all labor, materials, equipment, and supplies.
3. Time for Performance, This Agreement shall commence upon signature and continues
through December 31, 2020 unless terminated as provided herein. Work performed prior to
the execution of this contract is hereby ratified.
4. Payment. gent. The Subcontractor 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 $2,100, at the
Subcontractor's Public Benefit Program discounted rate of $700 per phase I report,
without express written modification of the Agreement signed by the County.
b. Funding for this contract will be provided by a RCO and WA Department of Ecology
grants. If funding from RCO or WA Department of Ecology is withdrawn, reduced, or
limited in any way after the effective date of this agreement, this contract may be
renegotiated or terminated as provided herein.
c. The Subcontractor may submit invoices to the County once per month, but not less than
quarterly, during the progress of the work for work completed to date. Such invoices will
be checked by the County, and upon approval thereof, payment will be made to the
Subcontractor in the amount approved.
d. Final payment of any balance due the Subcontractor of the total contract price earned will
be made promptly upon its ascertainment and verification by the County after the
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completion of the work under this agreement and its acceptance by the County,
e. 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.
f. The Subcontractor'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 nine (9)
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 Subcontractor in connection with the services rendered under this
agreement shall be the property of the County whether or not the project for which they are
made is executed. The Subcontractor shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Subcontractor's endeavors. The rights to any documents, drawings,
specifications and other materials owned by the Subcontractor prior to entering this
agreement and used during the performance of the services are retained by the Subcontractor.
6. Compliance with Laws. Subcontractor 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. The Subcontractor 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 Subcontractor's own employees, or
damage to property occasioned by a negligent act, omission or failure of the Subcontractor.
8. Insurance. The Subcontractor shall obtain and keep in force during the terms of the
Agreement, policies of as follows:
If and only if the Subcontractor 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 Subcontractor, 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 Subcontractor 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
SUBCONTRACTOR'S performance of the contract.
a. General Commercial Liability Insurance, in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
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times the occurrence amount ($2,000,000 minimum) for bodily injury, including death,
and property damage unless otherwise specified in the contract specifications. This
insurance coverage shall contain no limitations on the scope of the protection provided
and include the following minimum coverage:
i. Broad Form Property Damage with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability including completed operations;
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and Subcontractors; and
vi. 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 Subcontractor shall
procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
The Subcontractor 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 Subcontractor to take out and/or maintain any required insurance shall not
relieve The Subcontractor 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
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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 Subcontractor.
b. 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 Subcontractor until such time as Subcontractor shall furnish
additional security covering such judgment as may be determined by the County.
c. The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
d. 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 Subcontractor must provide in order to comply with the Agreement.
If the proof of insurance or certificate of coverage indicating the County is an "additional
insured" to a policy obtained by the Subcontractor 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 Subcontractor to obtain the full text of that endorsement and forward
that full text to the County.
f. The County may, upon the Subcontractor's failure to comply with all provisions of this
contract relating to insurance, withhold payment or compensation that would otherwise
be due to the Subcontractor.
9. Independent Subcontractor. The Subcontractor and the County agree that the Subcontractor 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 Subcontractor nor any employee of
Subcontractor 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
Subcontractor, or any employee of Subcontractor.
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
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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 Subcontractor, 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. No Waiver of Sovereign Lmmunit . By entering into this contract the Contractor does not
waive its sovereign immunity from suit and nothing hererin shall be construed as a waiver of
any such right.
15. Termination. The County reserves the right to terminate this contract at any time by giving
ten (10) days written notice to the Subcontractor
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.
16. Notices. Notices to the County of Jefferson shall be sent to the following address:
Tami Pokorny, Natural Resources Program Coordinator
Jefferson County Environmental Public Health
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Email: tpokortly(_-)co.jefferson.wa.us
17. Notices to Consultant shall be sent to the following_address:
Kim Ninnemann
Stratum Group
PO Box 2546
Bellingham, WA 98227
Ph: 360/714-9409
Email: kine@,stratumgrOUP.net
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18. Inte rated A reement. This Agreement together with attachments or addenda, represents the
entire and integrated agreement between the County and the Subcontractor 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 Subcontractor.
DATED this
day of , 2019
By
Kate Dean, Chair Date
Jefferson Board of County Commissioners
3
Kim Ninnemann, B.S., L.G., Vice President Date
Washington State Licensed Geologist #2690 Exp. October 20, 2019
Attest/Authenticated:
J -j
APPROVED AS TO FORM " Ifat+e
Chief Civil DPA Philip Hunsucker
Carolyn Gallaway, Deputy Clerk of the Board
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Stratum Group 2419
Exhibit A: Scone of Work
The Subcontractor is retained by the County to provide phase I environmental site assessments to
support property acquisitions for the purpose of Big Quilcene River floodplain restoration and
salmon recovery (RCO #16-1480 and #17-1052). The reports will be consistent with Washington
State Recreation and Conservation Office Manual 3, Acquisition Projects and in general
conformance to the ASTM Standard Practice E 1527-13 and the Federal Standards and Practices
for All Appropriate Inquiries (40 CFR Part 312)
The scope of services for this phase I site assessment will include:
(1) Visually observe the surface of the site and interiors of site buildings, if present, for
indications of petroleum products, chemicals, solid waste, hazardous materials, or other wastes
that may be present.
(2) Review historic aerial photographs and other readily available historic records to evaluate the
historic uses of the site.
(3) Review site-specific documents, if available.
(4) Interview persons with knowledge of the subject property and the surrounding properties,
including the past history and usage of these sites, including completion of an environmental
questionnaire.
(5) Review United States Environmental Protection Agency, Washington State Department
of Ecology, and local Health Department records. Identify the location of any listed hazardous
waste sites or leaking underground storage tanks relative to the project site, in accordance with
the ASTM search radius. Searched public records include:
- Federal National Priorities List (NPL), active and de -listed sites
- Federal Comprehensive Environmental Response, Compensation, and Liability
Information System (CERCLIS), active and de -listed sites
- Federal Resource Conservation and Recovery Act hazardous waste generator or
waste handler records or permits
- Federal Resource Conservation and Recovery Act, Treatment, Storage, and
Disposal List (RCRA TSD)
- Federal Resource Conservation and Recovery Act Corrective Action sites
(CORRACTS)
- National Response Center database (NRC — formerly ERNS)
- Washington State Department of Ecology Confirmed and Suspected
Contaminated Sites Report (CSCS)
- Washington State Department of Ecology Leaking Underground Storage Tank
List (LUST)
- Washington State Department of Ecology's Brownfield list and Registry of
Environmental Covenants
- Washington State Department of Ecology Underground Storage Tank List (UST)
- Jefferson County landfill map and solid waste sites
(6) Review of any available environmental documentation pertaining to the site, provided by
property owner or available through Department of Ecology, if needed
(7) Assess the environmental risk to the subject property represented by any identified
contaminated site within the search radius.
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(8) Review the regional geology and geohydrology of the site, especially in regard to subsurface
migration of potential contaminants, including:
-Depth to first water -bearing zone.
-Ground water flow direction.
-Known information regarding water quality.
(9) Prepare a written report describing the conditions encountered and recommendations for
further investigation, if necessary. The report will include a discussion in regard to potential
environmental risks identified in connection with the subject property or surrounding area, and
will include specific analysis of risk on a technical, scientific, and regulatory basis. Photographs,
maps, and other supporting documentation will be provided.
The order of priority for the three phase I reports is as follows:
1. Property 1: APNs 991200505 and 991200503
2. Property 2: APN 991200401
3. Property 3: APNs 991200501 and 702241004
Deliverables: 1 signed hard copy and an electronic copy (PDF) of each separate phase I
environmental site assessment report.
Due Dates: 30 Days from Notice to Proceed for each of the reports.
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