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615 Sheridan Street
Port Townsend, WA 98368
AW 9efvison www.JeffersonCountyPublicHealth.org
Public HealthConsent Agenda
December 9, 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: --4* Vt \f (JI 9)130
d
SUBJECT: Agenda Item — Professional Services Agreement with Harris Environmental
Group, Inc.; Upon signature — December 31, 2020; $5,653.34
STATEMENT OF ISSUE:
Jefferson County Public Health requests Board approval of the Personal Services Agreement with Harris
Environmental Group, Inc.; Upon signature — December 31, 2020; $5,653.34
ANALYSIS/STRATEGIC GOALS/PRO'S and CON'S:
This agreement with Harris Environmental Group, Inc. is to provide a cultural resource assessment in support
of property acquisitions for the purpose of floodplain restoration and salmon recovery on the Big Quilcene River
floodplain (RCO #16-1480, Dept. of Ecology #SEATHA-VER3-JeCoPH-00037, and RCO #17-1052). The
assessments are for APNs 991200505, 991200504, 991200503, and 991200401.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
This personal services agreement is funded by RCO and WA Department of Ecology grants, and has no impact
to the Jefferson County General Fund.
RECOMMENDATION:
JCPH management request approval of the Professional Services Agreement with Harris Environmental Group,
Inc.; Upon signature — December 31, 2020; $5,653.34
REVIEWED BY:
,...0,'? /774,- __/-
Philip Morley, 9 unty 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
PROFESSIONAL SERVICES AGREEMENT
Between
JEFFERSON COUNTY
And
Harris Environmental Group,Inc.
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation of the
State of Washington, hereinafter referred to as "the County", and Harris Environmental Group,
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 a provide cultural resource
assessment in support of property acquisitions for the purpose of floodplain restoration and
salmon recovery on the Big Quilcene River(RCO #16-1480, Dept. of Ecology#SEATHA-
VER3-JeCoPH-00037, and RCO#17-1052) and consistent with Governor's Executive Order 05-
05 and Washington State Recreation and Conservation Office Manual 3, Acquiring Land:
Policies https://rco.wa.gov/wp-content/uploads/20I9/07/Manual3.pdf. The project also falls
under the auspices of the State Environmental Policy Act. Relevant Washington State laws
address archeological sites and Native American burials. The Archaeological Sites and
Resources Act [RCW 27.53] prohibits disturbance of known prehistoric and historic
archaeological sites on public or private lands. The Indian Graves and Records Act [RCW 27.44]
prohibits disturbance of American Indian graves and provides that inadvertent disturbance
through construction or other activity requires re-interment under supervision of the appropriate
Indian tribe.
The assessment(s)will conduct necessary background research to develop a full understanding of
the historical context, land use patterns, and previously identified sites within the Area of
Potential Impact(API), conduct a Cultural Resources Survey to standard, industry-accepted
methods and in compliance with the DAHP Survey and Inventory Standards
(www.dahp.wa.gov), develop a plan for any additional work, as required, in the event of
discovery of historic/archeological resource materials, and produce a summary report of findings
and supporting evidence, and adhering to DAHP Survey and Inventory Standards. Newly
identified cultural resources identified within the project area will be fully documented. The
report(s)must be essentially free of spelling and formatting errors.
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 work products requested pursuant to this Agreement and identified on Exhibit"A"
attached hereto. This agreement terminates on December 31, 2020 unless amended by written
instrument signed by both County and Consultant.
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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 not exceed $5,653.34. Additional
cultural resources needs may be identified through the Big Quilcene River Restoration
Planning process lead by the Hood Canal Salmon Enhancement Group or the HCCC
Lead Entity Technical Advisory Group with respect to the RCO grants and other funding
mechanisms identified in Section 1.
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, up to 80% of total project
costs. Such vouchers will be checked by the County, and upon approval thereof,payment
will be made to the Consultant in the amount approved.
c. Final payment of any balance due the Consultant 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.
d. 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.
e. 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 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. 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
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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 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 Consultant's 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.
Professional liability(errors&omissions) insurance. Consultant shall maintain professional
liability insurance that covers the Services to be performed in connection with this Agreement, in
the minimum amount of$1,000,000 per claim and in the aggregate. Any policy inception date,
continuity date, or retroactive date must be before the effective date of this agreement and
Consultant agrees to maintain continuous coverage through a period no less than three years after
completion of the services required by this agreement.
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.
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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 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
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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.
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.
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15. Notices.Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Environmental Public Health
Attn: Tami Pokorny
615 Sheridan Street
Port Townsend, WA 98368
Ph: 360/379-4498
Notices to Consultant shall be sent to the following address:
Harris Environmental Group Inc.
Attn: Lisa Harris
333 Farallone Ave.
Fircrest, WA 98466
Ph: 971/888-7566
www.stellee.com; dholschuh@heg-inc.com
16. Integrated Agreement. This Agreement together with exhibits 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.
Approved this day of , 20
BOARD OF COUNTY COMMISSIONERS
JEFFERSON COUNTY, WASHINGTON
Kate Dean, Chair
Lisa Harris,PhD
President
ATTEST: Approved as to form:
c � 1/7/Za Zo
Clerk of the Board Philip C.Hunsucker
Chief Civil Deputy Prosecuting Attorney
Jefferson County Prosecuting Attorney's Office
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Exhibit A
Scope of Work
Big Quilcene River Floodplain Review Appraisal Reports
The Contractor will assist Jefferson County by identifying the presence of historic and cultural resources
within the Area of Potential Impact(API)consisting of five parcels in Quilcene, WA. The assessment is
required prior to the County removing all improvements,trailers,containers,utilities and solid waste;
decommissioning a well and on-site septic system; and planting with seedlings as part of a floodplain restoration
project on the lower Big Quilcene River floodplain.
The API includes the following parcels (APN#s):
991200505 (has single family residence)
991200504
991200503,and
991200401 (has single family residence)
Task 1: Plan for Additional Work
A. A plan for any additional work, as required, in the event of discovery of historic/archeological
resource materials.Newly identified cultural resources identified within the project area will be
fully documented on a Washington State Isolate Site Form or Archaeological Site Form and will
include a written description of the site and its setting, sketch maps, USGS quadrant maps, and
photographs.
Deliverables:
1. Plan for Additional Work document emailed in PDF format.
Due Date: 10 days from Notice to Proceed.
Task 2: Cultural Resources Field Survey and Draft Cultural Resources Assessment Summary
Report
A. Conduct necessary background research to develop a full understanding of the historical context, land
use patterns, and previously identified sites within the four identified parcels.
B. Conduct a Cultural Resources Survey to standard, industry-accepted methods appropriate to the
project area and landform.All survey activities will comply with the DAHP Survey and Inventory
Standards(www.dahp.wa.gov).
C. A plan for any additional work,as required, in the event of discovery of historic/archeological
resource materials.Newly identified cultural resources identified within the project area will be fully
documented on a Washington State Isolate Site Form or Archaeological Site Form and will include a
written description of the site and its setting, sketch maps, USGS quadrant maps, and photographs.
D. Have all utilities on-site clearly marked prior to initiation of any fieldwork activity.
E. The houses located at 10 and 151 Fremont Ave.,the later built in 1948,will be recorded on Historic
Property Inventory forms as necessary.
F. Produce a draft summary report of findings including supporting evidence for the findings and
adhering to DAHP Survey and Inventory Standards. The report will provide context on pertinent land
use customs and beliefs, identify sites within the project area, discuss methods used to survey the
project area, and include recommendations on the eligibility of the site(s) and the likelihood of
construction impacts.JCEPH will have an opportunity to review the document.
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G. Final summary report for submission to DAHP, affected tribes, agencies and other concerned parties.
The report will then be submitted in final form to Jefferson County for delivery to RCO,which will
then submit it to DAHP.
Deliverables:
1. Draft Cultural Resources Assessment Summary Report emailed to Jefferson County
Environmental Public Health in Word(.doc or similar).
Due Date: 30 days from Notice to Proceed
Task 3. Final Cultural Resources Assessment Summary Report
Deliverables:
1. One signed hard copy and an electronic copy(PDF)of the report to Jefferson County
Environmental Public Health.
Due Date: 10 days from receipt of County comments.
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Exhibit B
CERTIFICATION OF CONSULTANT
Jefferson County
I hereby certify that I am , and duly authorized representative of the firm of
and that neither I nor the above firm I here represent has:
(a) Employed or retained for a commission,percentage,brokerage,contingent fee or other consideration, any
firm or person(other than a bona fide employee working solely for me or the above Contractor)to solicit
or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of
any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working
solely for me or the above Contractor)any fee, contribution, donation or consideration of any kind for, or
in connection with procuring or carrying out the contract;except as here expressly stated(if any):
I further certify that the firm I hereby represent is authorized to do business in the State of Washington and that
the firm is in full compliance with the requirements of the Board of Professional Registration.
Date Signature
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the County of Jefferson, Washington State and that the above
consulting firm or its representative has not been required,directly or indirectly as an express or implied condition in
connection with obtaining or carrying out this contract to:
(a) Employ or retain,or agree to employ or retain,any firm or person,or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or consideration of
any kind,except as here expressly stated(if any).
Date Signature
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Exhibit C
CERTIFICATION REGARDING DEBARMENT,SUSPENSION AND OTHER RESPONSIBILITY
MATTERS-PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and belief that it and its principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily
excluded from covered transactions by any Federal department or agency;
2. Have not within a three (3) year period preceding this proposal been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State anti-trust statutes or commission of
embezzlement,theft, forgery,bribery, falsification or destruction of records,making false statements,
or receiving stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local)with commission of any of the offenses enumerated in paragraph(2) of this
certification; and
4. Have not within a three (3)year period preceding this proposal had one or more public transactions
(Federal, State and local)terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this certification, such
prospective participant shall attach an explanation to this proposal.
Consultant(Firm Name)
Signature(Authorized Official or Consultant) DATE
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