HomeMy WebLinkAboutSH&H Valuation and Consulting, Amendment No. 1 - 120919CONTRACT AMENDMENT NO. 1
For Personal Services
Between
SH&H Valuation and Consulting
and
Jefferson County
The Agreement between Jefferson County, hereinafter referred to as `the County' and SH&H Valuation
and Consulting, hereinafter referred to as `Subcontractor," to provide appraisal services to support
property acquisitions for purpose of Big Quilcene River floodplain restoration and salmon recovery is
amended effective October 1, 2019 through December 31, 2020.
AMENDMENT PURPOSE
The purpose of this amendment is to remove two parcels, add two parcels, add a source of grant funding
and a source of match, and increase the not -to -exceed cost in order to conduct two new appraisals of
floodplain properties.
SECTIONS CHANGED
La) Revised to add RCO contract #18-1227:
The Consultant is retained by the County to provide appraisal services to support property
acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon recovery
(RCO #16-1480, #17-1052 and #18-1227) consistent with Washington State Recreation and
Conservation Office Manual 3, Acquisition Projects and Uniform Appraisal Standards of Federal
Land Acquisitions "Yellow Book" standards.
4.a) Revised to increase funding to $15,200:
Payment for the work provided by Consultant shall not exceed $15,200 at a rate of $3,800 per
appraisal report without express written modification of the Agreement signed by the County.
4.b) Revised to include a grant to the Hood Canal Salmon Enhancement Group as match to RCO # 18-
1227:
Funding for this contract will be provided by a RCO and WA Department of Ecology grants,
including a grant to the Hood Canal Salmon Enhancement Group as match to RCO #18-1227. 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funding from RCO or WA Department of Ecology is withdrawn, reduced, or limited in any way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.
Exhibit A: Scope of Work - Revised to add RCO contract #18-1227 and remove and add properties:
The Consultant is retained by the County to provide appraisal services to support property
acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon recovery
(RCO #16-1480, #17-1052 and #18-1227) consistent with Washington State Recreation and
Conservation Office Manual 3, Acquisition Projects and Uniform Appraisal Standards of Federal
Land Acquisitions "Yellow Book" standards. The order of priority for the first three appraisals is
as follows:
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Land Acquisitions "Yellow Book" standards. The order of priority for the first three appraisals is
as follows:
1. Property 1: APNs 991200505 and 991200503
2. Property 2: APN 991200401
3. Property 3: APN 702242012
4. Property 4: APN 991200606
All other terms and conditions of the original MOU remain in full force and effect. All work performed
consistent with the Agreement prior to the execution of this Amendment No. 1 is hereby ratified.
IN WITNESS WHEREOF: the parties have signed this amendment.
JEFFERSON COUNTY
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i 21,j c
Katebean, Chair Date
Board of Jefferson County Commissioners
ATTEST:
Carolyn Gd1laway Date
Deputy Clerk of the Board
APPROVED AS TO FORM:
P, � 9—
1 W-&
Philip Hunsucker Date
Chief Civil Deputy Prosecutor
SH&H
Date
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Page 2 of 2
615 Sheridan Street
Port Townsend, WA 98368
�e ehson www.JeffersonCountyPublicHeaith.org
Public HeConsent Agenda
October 11, 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:
SUBJECT: Agenda Item — Amendment No. 1 to the Personal Services Agreement with
SH&H Valuation and Consulting; October 1, 2019 - December 31, 2020;
Additional $3,800 for a total of $15,200
STATEMENT OF ISSUE:
Jefferson County Public Health requests Board approval of Amendment No. 1 to the Personal Services
Agreement with SH&H Valuation and Appraisal; October 1, 2019 — December 31, 2020; Additional $3,800 for a
total of $15,200
ANALYSIS/ STRATEGIC GOALS/PRO'S and CON'S:
The purpose of this amendment is to remove two parcels (APN 991200501, APN 702241004), add two parcels
(APN 702242012, APN 991200606), add a source of grant funding (RCO contract #18-1227) and a source of
match (HCSEG), and increase the not -to -exceed cost ($15,200) in order to conduct two new appraisals of
floodplain properties. The original Personal Services Agreement was to provide appraisal services to support
property acquisitions for the purpose of Big Quilcene River floodplain restoration and salmon recovery
consistent with Washington State Recreation and Conservation Office Manual 3, Acquisition Projects and
Uniform Appraisal Standards of Federal Land Acquisitions "Yellow Book" standards.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This Personal Services Agreement is funded by RCO #16-1480, #17-1052, and #18-1227 with matching
contributions provided by WA Dept. of Ecology THA # SEATHA-VER3-JeCoPH-00037 and through a Personal
Services Agreement with the Hood Canal Salmon Enhancement Group for a portion of its Floodplains by Design
Grant #SEAFBD-2017-HoCSEG-00009.
RECOMMENDATION:
JCPH management request approval of Amendment No.1 to the Personal Services Agreement with SH&H
Valuation and Consulting; October 1, 2019 — December 31, 2020; Additional $3,800 for a total of $15,200
REVI Y: ,
Ph p orley, Coy ty Admi6istr -- 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
La�
Public Health
CONTRACT REVIEW FORM
CONTRACT WITH: SH and H Valuation and Consulting Amendment No.1 TRACKING NO.: WQ-19-149-A1
(Contractor/Consultant)
CONTRACT FOR: Appraisal Services TERM: October 1, 2019 - December 31, 2020
COUNTY DEPARTMENT: Jefferson County Public Health`s 2 11 5 IF ',
For More Information Contact: Tami
Contact Phone #: x498 OPT 14 2010
RETURN TO: Jenny
(Person in Department)
AMOUNT: Addl $3,800 for a total $15,200
Revenue
Expenditure
Matching funds Required
Source(s) of Matching Funds
RETURN BY:
PROCESS: ❑
Exempt from Bid Process
❑
Consultant Selection Process
❑
Cooperative Purchase
❑
Competitive Sealed Bid
8
Small Works Roster
❑
Vendor List Bid
❑
RFP or RFQ
F—
Other -1HOU
Step 1: REVI ENT
Revie�
Date keviewed:
. APPROVED FORM ❑ Returned for revision (See Comments)
Comments
Step 2: REWEW BY nOSECfUTING ATTORNEY
Review by: < <: Philip C. Hunsucker
Date Reviewed: Chief Civil Deputy Prosecuting Attorney
APPROVED AS TO FORM Returned for revision (See Comments)
Comments�GtjPiy.e� P/� l�li q.
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 original Contract(s), Agenda Request, and Contract Review form. Also, please send 2 copies of just the Contract(s)
(with the originals) to the BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in
BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
PERSONAL SERVICES AG EMENT %
Between
SH&H Valuation and Consulting
and
Jefferson County
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and the SH&H Valuation and Consulting of Tacoma,
WA, hereinafter referred to as "the Subcontractor", in consideration of the mutual benefits,
terms, and conditions hereinafter specified.
1. Proiect Designation. The Consultant is retained by the County 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 Boob' 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. Time far 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 $11,400 at a rate of
$3,800 per 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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SH&H Valuation and Consulting 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.
5. 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)
times the occurrence amount ($2,000,000 minimum) for bodily injury, including death,
and property damage unless otherwise specified in the contract specifications. This
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SH&H Valuation and Consulting 2019
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
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
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SH&H Valuation and Consulting 2019
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.
e. 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
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,
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SH&H Valuation and Consulting 2019
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 Immunity. 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: tpokorny a co.ietTerson.wa.us
17. Notices to Consultant shall be sent to the following address:
Chad C. Johnson, MAI
Partner
SH&H Valuation and Consulting
6419 Lakewood Drive West
Tacoma, WA 98467
Ph: 253/564-3230 x103
chadj@shhapp.com
18. Integrated Agreement.. 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.
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SH&H Valuation and Consulting 2019
DATED this day of 2019
By
- (-, ���
Kate Dean Chair
Jefferson Board of County Commissioners
By 4�l +
Chad Johnson, 14AI
WA State Certified General Real Estate Appraiser
Certification #1101662 Expires 12/15/2020
Attest/Authenticated:
r `,h
Clerk�-of the Board
Page 6 of 7
Date
Date
APPROV M AS TO FORM ate
Chief Civil DPA Philip Hunsucker
SH&H Valuation and Consultinp, 2019
Exhibit A: Scone of Work
The Subcontractor is retained by the County 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
littps://www.rco.wa.gov/documeiits/manuals&forms/Maiival 3 acg.p(I The order of priority for
the first three appraisals 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 appraisal
reports.
Due Dates: 30 Days from Notice to Proceed for each of the reports.
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