HomeMy WebLinkAbout052819_ca19615 Sheridan Street
Port Townsend, WA 98368
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www.JeffersonCountyPublicHealth.org
Public 11. It Consent Agenda
April 30, 2019
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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:
SUBJECT: Agenda Item – Personal Services Agreement with R.F. Duncan &
Associates Inc.; Upon signature – December 31, 2020; $3,300
STATEMENT QVISSUE01.
Jefferson County Public Health requests Board approval of the Personal Services Agreement with R.F. Duncan &
Associates Inc.; Upon signature – December 31, 2020; $3,300
A-NALYS151ff—"TE_ 1C,9QA—LS1PRQ'S and MNIM
This agreement with R.F. Duncan & Associates Inc. is to provide appraisal services to support property
acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon recovery (RCO #16-1480
and #17-1052) consistent with Washington State Recreation and Conservation Office Manual 3, Acquisition
Projects and Uniform Appraisal Standards of Federal Land Acquisitions "Yellow Book" standards. The appraisals
are for APNs 991200505, 991200503, 991200401, 991200501, and 702241004.
EIS L IMPACI&OST PENEF11 ANALYSIS:
This personal services agreement is funded by RCO #16-1480 and #17-1052 with matching contributions
provided by WA Dept. of Ecology THA # SEATHA-VER3-JeCoPH-00037 and through an MOU with the Hood
Canal Salmon Enhancement Group for a portion of its Floodplains by Design Grant #SEAFBD-2017-HoCSEG-
00009.
R9!CQMMEN0A11QL4;
JCPH management request approval of the Personal Services Agreement with R.F. Duncan & Associates Inc.;
Upon signature – December 31, 2020; $3,300
REVIEWED -
P i ip Morl unty Adm- inisti'ator Date
M go 0-011061 19�
360-385-9400
360-385-9401 (f)
360-385-9444
(f) 360-379-4487
PERSONAL SERVICES AGREEMENT
Between
R. F. Duncan & Associates Inc.
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and the R. F. Duncan & Associates Inc. of Olympia, WA,
hereinafter referred to as "the Subcontractor", in consideration of the mutual benefits, terms, and
conditions hereinafter specified.
1. 11rojgc!..1! �igt stion, The Consultant is retained by the County to provide review appraisal
services to support property acquisitions for the purpose of Big Quilcene River floodplain
restoration and salmon recovery (RCO #16-1480 and #17-1052) consistent with Washington
State Recreation and Conservation Office Manual 3, Acquisition Projects and Uniform
Appraisal Standards of Federal Land Acquisitions "Yellow Book" standards.
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. Tiniel'or 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. 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 $3,300 at a rate of $1,100
per review appraisal 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
completion of the work under this agreement and its acceptance by the County.
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R. F. Duncan & Associates Inc. 2019
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.
QR)2ership and Use of Docuinen:ts. 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. Coinpliance 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. Indcninilrcation. Contractor shall indemnify and hold harmless the County, its officers, and
employees, from and against all claims, losses or liability, or any portion thereof, including
reasonable attorney's fees and costs, arising from injury or death to persons, including
injuries, sickness, disease or death to Contractor's own employees, or damage to property
occasioned by a negligent act, omission or failure of the Contractor. Contractor shall be
liable only to the extent of Contractor's proportional negligence. The Contractor specifically
assumes potential liability for actions brought against the County by Contractor's employees,
including all other persons engaged in the performance of any work or service required of the
Contractor under this Agreement and, solely for the purpose of this indemnification and
defense, the Contractor specifically waives any immunity under the state industrial insurance
law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered
into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation.
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.
C"oniniercial Automobile Liabilwit;y° It surance providing bodily injury and property damage
liability coverage for all owned and non -owned vehicles assigned to or used in the
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R. F. Duncan & Associates Inc. 2019
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. (J'et e al Coininercial Liability 1qsg�b;ancc,, 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)
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
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R. F. Duncan & Associates Inc. 2019
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
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. tibcoi tractor, 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.
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R. F. Duncan & Associates Inc. 2019
10. vcti nt aiiisr 'ot,titi e,it 1^ees. 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. Discriminationm 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. , .psi Yn e t. 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 Sover ➢-ni-minity,, 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. '1°erniination. 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 cif Jefferson wwshall wwbe sent to (he 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.,��� ).�rlf fadr�u vas`_
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R. F. Duncan & Associates Inc. 2019
17. Notices to Consultant shall be sera to the lollowjn address:
Richard F. Duncan, MAI
R. F. Duncan & Associates, Inc.
PO Box 12300
Olympia, WA 98508
Ph: 360/951-8258
Email: duticalla ppt a,isy1 1conicast.get
18. Integrated A ctq�ent. 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
.0
Kate Dean, Chair Date
Jefferson Board of County Commissioners
Richard F. Duncan, MAI Date
WA State Certified General Real Estate Appraiser
Certification #1100496 Expires 12/01/2020
Attest/Authenticated:
4L -
APPROVED AS TO FORM ate'
Chief Civil DPA Philip Hunsucker
Carolyn Gallaway, Deputy Clerk of the Board
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R. F. Duncan & Associates Inc. 2019
Exhibit A: scope of work.
The Subcontractor is retained by the County to provide review appraisal services to support
property acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon
recovery (RCO #16-1480 and #17-1052) consistent with Washington State Recreation and
Conservation Office Manual 3, Acquisition Projects and Uniform Appraisal Standards of Federal
Land Acquisitions "Yellow Book" standards
d d i //NAVWWJCO, a au la u� . � r � � r r �lw l� rr d1 a� a . c qa N : The order of priority for
the first three appraisals is as follows.
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 appraisal
reports.
Due Dates: 14 Days from Notice to Proceed for each of the reports.
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