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HomeMy WebLinkAbout070119_ca06 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administra r r 9 FROM: Mark McCauley, Central Sc * s Dir ctor DATE: July 1,2019 RE: Request for Board of County Commissioners approval of an amendment to Agreement No. IA 719-390—Dosewallips State Park—MBR—Capacity Re- rate—Amendment No. One (1) STATEMENT OF ISSUE: On March 25, 2019 the county entered into an interagency agreement with the Washington State Parks and Recreation to reevaluate the capacity of the Dosewallips State Park sewer system. The original agreement expires June 30, 2019. The Parks and Recreation Commission is requesting that the agreement be extended until December 31, 2019. ANALYSIS: None. FISCAL IMPACT: As this request only extends the term of the agreement there is no fiscal impact. RECOMMENDATION: That the Board of Commissioners approve the attached amendment to Agreement No. IA 719- 390—Dosewallips State Park—MBR—Capacity Re-rate—Amendment No. One (1) --i REVIEWED BY: 9 /7777f Philip Morley unty.Adminisirator Date . c,,ra. Don Hoch,Director o1' ..• r ~911i- STATE OF WASHINGTON WASHINGTON STATE PARKS AND RECREATION COMMISSION 1111 Israel Road SW•PO Box 42650*Olympia, WA 98504-2650•(360)902-8500 Internet Address:http://www.parks.wa.gov June 24, 2019 Mark McCauley, Director of Central Services Jefferson County PO Box 1220 Port Townsend, WA 98368 Re: Agreement No. IA 719-390— Dosewallips State Park— MBR Plant - Capacity Re- Rate—Amendment No. One (1) Dear Mr. McCauley: Due to the additional time needed for Ecology review, State Parks approves and modifies the requested time changes to the above agreement as follows: Unless otherwise amended in writing, this agreement shall automatically terminate on December 31, 2019. Contractor will continue to document time and expenses in accordance with the terms of the original agreement. Jefferson County Mark Bibeau Chief Financial Officer, State Parks Date Date laa cc: Dustin Madden,Approval Supervisor Brian Yearout,Project Representative Fiscal Contract No. IA 719-390 Page 1 of 1 ,M,11111, •;35 1441 �ti NIN(.TON Cc 3 INTERAGENCY AGREEMENT ,� r, Between WASHINGTON STATE PARKS AND RECREATION COMMISSION And Jefferson County AGREEMENT NO. IA 719-390 THIS AGREEMENT is made and entered into by and between the Washington State Parks and Recreation Commission, hereinafter referred to as "State Parks," and Jefferson County hereinafter referred to as the"County". IT IS THE PURPOSE OF THIS AGREEMENT to provide reimbursement to State Parks for consultant work related to the Membrane Bioreactor(MBR) plant located at Dosewallips State Park as stated below in the Statement of Work. THEREFORE, IT IS MUTUALLY AGREED THAT: STATEMENT OF WORK State Parks and Jefferson County will partner 50-50 for the cost of consultant services related to data review and the submittal of a technical memo to the Washington State Department of Ecology and the manufacturer of the MBR plant for approval to re-rate the plant to potentially accept wastewater from the 2 restaurants, a grocery store and possibly some or all of the residents within Brinnon, in addition to the Brinnon Fire Station, Community Center, Post Office and the Brinnon Elementary School (which the plant was originally designed to accept). PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall commence on the date signed by State Parks, and be completed on June 20, 2019, unless terminated sooner as provided herein. Agreement shall automatically expire on June 30, 2019, unless otherwise extended by amendment. PAYMENT Reimbursement for the work provided in accordance with this agreement has been established under the terms of RCW 39.34.130. The parties have estimated that the cost of accomplishing the work herein will not exceed Seven Thousand, Five Hundred, and No/100ths Dollars ($7,500.00). Payment for satisfactory performance of the work shall not exceed this amount unless the parties mutually agree to a higher amount prior to the commencement of any work which will cause the maximum payment to be exceeded. Reimbursement for services shall be based on the cost of the Consultant scope of work, attached and made part of this agreement as Attachment A. BILLING PROCEDURE State Parks shall submit one (1) invoice to the County. Payment shall be made no more than 30 days after submittal of the invoice. Cost Code:(FundingCodem Page 1 of 6 RECORDS MAINTENANCE The parties to this contract shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the services described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. All books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. RIGHTS IN DATA Unless otherwise provided, data which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the state of Washington. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. AGREEMENT ALTERATIONS AND AMENDMENTS This agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINATION Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination. INDEMNIFICATION Each party shall be responsible for the actions and inactions of itself and its own officers, employees, and agents acting within the scope of their authority. Cost Code:sFundingCodes Page 2 of 6 TERMINATION FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, contract terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This contract is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall beresolved by giving precedence in the following order a. applicable state and federal statutes and rules; b. statement of work; and c. any other provisions of the agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable by either party in whole or in part, without the express prior written consent of the other party, which consent shall not be unreasonably withheld. WAIVER A failure by either party to exercise its rights under this agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. Cost Code:«FundingCodes Page 3 of 6 • SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this agreement, and to this end the provisions of this Agreement are declared to be severable. ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. - PROJECT MANAGEMENT The project representative for each of the parties shall be responsible for and shall be the contact person for all communications and billings regardingtheperformance of this Agreement. 9 9 The Project Representative for County is: Mark McCauley, Director of Central Services, (360) 385- 9130 The Project Representative for State Parks is: Brian Yearout, Construction Project Coordinator 4, (360)725-9763 IN WITNESS WHEREOF, the parties have executed this Agreement Jefferson County Washington State Parks and i Recreation Commis* By: Vr, By: fr/e/. / Title: Ore9 aztivilikN,Aclog Gha,rr Title: Chief Financial Officer IdSdAtimiri, Cp7nr-41311 -- Date: �2-51/') Date: 3i28fl9 Approved As To Form: , , William Van Hook Asst Attorney General 02120107 C P f{ 4Y r- RECEIVED ON MAR 2 8 2019 CONTRACTS Atop Cost Code:cFundingCodes Page 4 of 6 Attachment A Consultant Scope of Work for Dosewallips State Park Capacity Re-Rate Washington State Parks and Recreation Commission desires to Re-Rate the capacity of the Membrane Bioreactor Sewage Treatment Facility (MBR) at Dosewallips State Park. A driver for this action is in consideration of future connections to the MBR by the Brinnon Community in order to alleviate septic system impacts of being located within the 100-year flood zone. The plant was originally designed to treat wastewater from the Brinnon Fire Station, the community center, the post office and Brinnon Elementary School. Today the town is desirous of expanding the service area to potentially include the Geoduck restaurant, a second restaurant, a grocery store and potentially some or all of the residents within Brinnon. A. UNDERSTANDING Today the plant has a capacity of 11,950 GPD peak month flow and is believed to have additional capacity beyond its existing service area. Limiting factors that must be considered while rating the capacity of the plant include the hydraulic capacity (Flow rate), the plant's ability to provide Biochemical Oxygen Demand (BOD) removal, Nutrient removal (Nitrogen), and the plants ability to perform disinfection (Bacteria removal). The MBR (provided by Ovivo) was originally de-rated to well below the 25,000 maximum gallon per day to an average of 11,950 gallons per day during the peak month and 20,000 gallons during the peak day as a result of an anticipated high Nitrogen load. In the first 2- years of operation the Nitorgen loading has been lower than anticipated and so have the BOD levels. The Consultant shall perform Basic Services for the Project in accordance with Article VI, Conditions of the Agreement, and as described in the following Scope of Services. The Consultant is proposing to perform the following: • Confirmation of the original Basis of Design • Review of historical flow rates • Review of lab analytical analysis for BOD, Nitrate, Nitrite, and total Suspended Solids (TSS) • Calculation of New plant capacity • Technical Memorandum describing findings Task 01 — Evaluation of Historical Plant Performance Goal: Evaluate the existing MBR, DMR's and flow rates to confirm that there is a benefit to Re-rating the MBR plant. Assumptions: The following assumptions apply: • Parks will provide all the necessary information, in a timely fashion, requested by Consultant. Deliverables: The following will be delivered to the Commission: • E-mail response to the project manager that based on the initial findings there is adequate evidence to proceed with further analysis. Cost Code:(FundingCodes Page 5 of 6 Task 02 —Technical Memorandum Goal: The Consultant shall provide the Owner with a technical memorandum summarizing the findings and submit the Memo to the MBR manufacturer and to Washington Department of Ecology for approval. Approach: The approach is as follows: • Consultant will use the conclusions and data presented in the Dosewallips State Park Sewerage Collection and Treatment System Facility Plan (April 2009) prepared by Skillings-Connolly as a basis of design. • Consultant will use the MBR design criteria on sheet P1.0 of the Construction plans for the MBR. • Parks will provide Consultant with pertinent memo's reports and calculations performed during operation of the facility over the last 2-years. • Consultant will perform calculations to verify the total hydraulic capacity and treatment requirements of the system. • Consultant will prepare a technical memorandum summarizing the findings. • Consultant will prepare and submit the Tech memo to Ovivo and Ecology for their approval. Deliverables: The following will be delivered to the Commission: • Draft and Final submittal of Technical Memorandum summarizing our findings. B. SCHEDULE OF PERFORMANCE The Consultant shall perform the Services noted above to the following schedule: Acknowledge benefit 10 days following NTP Submit Technical Memorandum 20 days following Evaluation of Historical Plant Performance C. ADDITIONAL SERVICES Changes to the Services above shall be considered Additional Services only when agreed in advance by the Commission and the Consultant that such changes constitute a material addition or change to the previously authorized Services, and when authorized by the Commission in the Form of an amendment to the Architectural/Engineering Agreement, setting forth the scope of services, schedule of performance, and compensation for the Additional Services, and signed by both parties in accordance with Article VI, Section C. COMPENSATION Compensation for rendering the Basic Services detailed in the scope of services under Article III A. of the ArchitecturaVEngineering Agreement shall not exceed Fifteen Thousand and no/100ths Dollars ($15,000.00), which shall include all expenses the Consultant may incur on behalf of the project. Cost Code:cFund'mgCodei Page 6 of 6 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners /0'16 Philip Morley,County Administrat` !A Of f 3/ FROM: Mark McCauley,Central Serv',-. 1 irector DATE: March 25,2019 RE: AGREEMENT re: Cost Sharing Agreement with the Washington State Parks and Recreation Commission for a Dosewallips State Park Sewer Capacity Study STATEMENT OF ISSUE:Development in the Brinnon community is constrained by a lack of sewer capacity.The Dosewallips State Park has a sewer system operating well below capacity due to anticipated high levels of nitrogen loading.Actual nitrogen loading appears pears to be considerably lower than anticipated. A formal study needs to be conducted to confirm these findings.If confirmed significant additional sewer capacity could be made available to support future development in the Brinnon Community/ ANALYSIS: The Washington State Parks and Recreation Commission has offered to conduct the study and has asked Jefferson County to contribute fifty percent of the cost of the study.The county has informally agreed to cover its share.The attached agreement will formalize the agreement and allow the study to get underway. FISCAL IMPACT: The full cost of the study is$15,000.Jefferson County's share is$7,500.A 1st quarter supplemental budget request has been submitted to cover the cost of this agreement. RECOMMENDATION: Approve the attached Dosewallips State Park Sewer System Capacity Evaluation Cost Share Agreement. ' L.ie .4 D B dg., .._, r A h "V2-‘77 el"p Morl 70 ty Administrator Date CONTRACT REVIEW FORM • CONTRACT WITH: Washington State Parks and Recreation Commission CONTRACT FOR: Dosewallips State Park Sewer Capacity Study TE�, , } r.; ,a � � a+�,3 � efr „ i2 *. av 'mob * f a .&.�.tFA akr SAI. ax ..,. .v.G.w+.w a�el whnamusK Fl ;. � �'. .21,, a%_ .Rl . * .mb. : 'x AMOUNT: $7,500 PROCESS: —_ Exempt from Bid Process Consultant Selection Process Revenue: N/A _ Cooperative Purchase Expenditure: $7,500 _ Competitive Sealed Bid Matching Funds Required: N/A _ Small Works Roster Sources(s)of Matching Funds N/A _ Vendor List Bid _ RFP or RFQ X Other Step 1: REVIEW BY Ail Review by: ��/0, 3a7 ` PDate Reviewed: r APPROVED FORM I Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: n1./' j%1/al 7 Date Reviewed: �j /0(joj !t APPROVED AS TO FORM tlll Returnedllfor revision(See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS &RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract,Review Form,and Agenda Bill to BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)