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Home My WebLink AboutChimacum Confluence Project Evren 615 Sheridan Street Port Townsend, WA 98368 �eeJrson www.JeffersonCountyPublicHealth.org Consent Agenda Public Health JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Pinky Mingo, Environmental Public Health Director Tami Pokorny, Natural Resources Program Coordinator DATE: May 1, 2023 SUB3ECT: Agenda Item — Evren Northwest, Inc.: Chimacum Confluence Project Phase I and II Environmental Site Assessments, Amendment 3; June 6, 2022 — June 30 2023; additional $3,900.10 for a total of $47,986.30 STATEMENT OF ISSUE: Jefferson County Public Health (JCPH) requests approval of Amendment 3 to the Professional Services Agreement with Evren Northwest, Inc. (Evren) for the Chimacum Confluence Project Phase I and II Environmental Site Assessments; June 6, 2022 —June 30 2023; additional $3,900.10. ANALYSIS/STRATEGIC GOALS/PROS and CONS: Evren completed the Phase I Environmental Site Assessment (ESA) for the Chimacum Confluence project on a portion of a parcel located at 890 Old Hadlock Road. Following receipt of the first round of sample results, the Department of Ecology requested an increased level of sampling intensity. The budget allowed is increased not to exceed $47,986.20 without an express written modification of the Agreement signed by the County. This change represents an increase of $3,900.10 over the original amount estimated for Phases I and II. FISCAL IMPACT/COST BENEFIT ANALYSIS: Funding for this project is provided by an MOU with the North Olympic Salmon Coalition and Agreement No. TCPIPG-2123-JeCoPH-00039 with the Washington Department of Ecology. There is no match requirement. RECOMMENDATION: JCPH Management recommends BOCC signature for Amendment 3 of the Professional Services Agreement with Evren for the Chimacum Confluence Project Phase I and II Environmental Site Assessments; June 6, 2022 — June 30 2023; additional $3,900.10 for a total of $47,986.30. REVIEWED 8Y: Mark McCauley, Co Administrator Date Community Health Developmental Disabilities Environmental Public Health 360-385-9400 360-385-9444 360-385-9401 (f) (f) 360-379-4487 wQ-27-0 16-n3 Always working for a safer and healthier community CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Evren Northwest, Inc. Contract No: WQ-22-016-A3 Contract For: Chimacum Confluence Environmental Site Assessment Term: 6/6/2022 - 6/30/2023 COUNTY DEPARTMENT: Environmental Health Contact Person: Tami Pokorny Contact Phone: x498 Contact email: tpokorny@co.jefferson.wa.us AMOUNT: Add'I$3,900.10 for total: $47,986.30 PROCESS: Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: $47,986,30 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid Fund# 128 RFP or RFQ Munis Org/Obj 12855310 Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMC��CE WI .55.080 AND CHAPTER 42.23 RCW. CERTIFIED: ®■ N/A:® April 18, 2023 Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBAR D BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: FE N/A: ® April 18, 2023 Signature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 4/18/2023. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 4/18/2023. Approved as to form 4/18/2023 Barbara Dykes Ehrlichman STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 Contract Amendment 43 Between Evren Northwest,Inc. And Jefferson County Public Health Chimacum Confluence Project WHEREAS, Evren Northwest, Inc. (Subcontractor) and Jefferson County(County)entered into an agreement on June 6,2022 for Professional Services. These services are to be provided by conducting Phase I and Phase II Environmental Site Assessments for approximately two acres of the property located at 890 Old Hadlock Road in Port Hadlock(APN 901 112 013). The agreement was amended on November 21, 2022 to extend the Time for Performance to June 30, 2023 and on December 19, 2022 to increase the not to exceed amount to $44,086.20 and to add subtasks under Task 2. WHEREAS,following receipt of the first round of Phase II Environmental Site Assessment testing results,the Department of Ecology(DoE)requested an increased level of sampling intensity(with increased costs), as indicated in the Exhibit A. WHEREAS,the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. The Scope of Work is expanded to increase the number of tests as indicated in Exhibit A. Highlighted cells in the"Units"column indicate the proposed increased number of tests, with the previous number of tests being indicated to the right of the table. Adjusted costs are indicated in the"Totals"column to the right of the highlighted cells. Previous costs can be found on the prior budget(Exhibit B). There are no changes in the"Tasks"or "Rate"columns. The Department of Ecology has determined that the addition of the new tests is necessary to evaluating the condition of the property. 2. Total not to exceed amount for the project is increased in the amount of$3,900.10 for a project total of$47,986.30. 3. The existing Estimated Budget(Exhibit B)will be replaced by Revised Estimated Budget (Exhibit A) attached to this amendment. 4. All other terms and conditions of the agreement will remain the same. Dated this day of ,20 (SIGNATURES FOLLOW ON THE NEXT PAGE) Page 1 WQ-22-016-A3 SIGNATURE PAGE By: Greg Brotherton, Chair Jefferson Board of County Commissioners By: fi'iz�2'2- j Vic ria enne rmcipal Environmental Scientist- Evren Northwest, Inc. ATTEST: By: Carolyn Gallaway, Date Clerk of the Board APPROVED AS TO FORM ONLY: By: G ')d"-�•�'f*4&L'44A'r"" April 18, 2023 Philip C. Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 2 Exhibit A Tasks Rate I Units Total Focused Site Investigation Task 2(including 2c and 2d) Project Initiation/Management,Pre-Implementation Start Meeting,HASP, Work Plan Principal Engineering Geologist $ 150.00 8 $ 1,200,00 Principal Field Geologist $ 105.00 12 $ 1,260.00 Principal H drogeolo ist 1 $ 115.00 12 $ 1,380.00 Principal Geologist/HAS Officer I $ 120.00 8 $ 96000 Subtotal S 4,800.00 Task 2. Geophysical Survey/Borehole Clearance Senior Technician $ 90.00 12 $ 1,08005 Geophysicist $ 200.00 12 $ 2,400,00 Misc Expense and Equipment $ 225.00 1 $ 225.00 Drafting $ 90,00 2 $ 180.00 Subtotal $ 3,885.00 Task 2(including 2e and 2 Field Work: Surface Soil and Recon Ground Water Principal Field Geologist $ 105.00. 8 $ 840,00 4 Field Geologist $ 75.00 30 $ 2,250.00 24 Senior Technician $ 90.00 30 $ 2,70000 24 Technician $ 75.00 30 $ 2.250.00 24 Soil Sampling Kit $ 50.00 2 $ 10000 High-Res.GPS Surveying Kit $ 150.00 1 $ 150.00 Water sampling kit $ 150.00 1 $ 150.00 Sediment sampling kit $ 50.00 1 $ 50,00 Misc Expense and Equipment $ 675,00 1 $ 675.00 PID $ 75,00 2 $ 150.00 Laboratory(surface soil,as required) NWTPH-Gx $ 60.95 12 $ 731.40 NWTPH-Dx $ 66,70 12 $ 800.40 EPA 8260(VOCs) $ 172.50 10 $ 1,725.00 EPA 8270(PAHs) $ 189.75 10 $ 1,897.50 EPA 86020/200.8(RCRA 8) $ 157.55 10 $ 1,575,50 EPA 8081(PCBs,as arochlors) $ 113.85 10 $ 1,138.50 ISM Sample Preparation $ 258.75 8 $ 2,070,00 6 Laboratory water,as required) NWTPH-Gx $ 60.95 5 $ 304,75 4 NWTPH-Dx $ 66.70 5 $ 33350 4 EPA 8260(VOCs) $ 17250 5 1$ 862.50 4 EPA 8270(PAHs) $ 18975 5 $ 94875 4 EPA 86020/200.8(RC RA 8) $ 15755 5 $ 78775 4 EPA 8081(PCBs,as arochlors) $ 11385 5 $ 569.25 4 Subtotal $ 23,059.80 Task 2(including 2 Field Work: Recon Ground Water ISecond Round Principal Field Geologist $ 105.00 2 $ 210.00 Field Geologist $ 75.00 24 $ 1,800.00 Senior Technician $ 90.00 24 $ 2,160.00 High-Res.GPS Surveying Kit $ 150.00 1 $ 150.00 Water sampling k t $ 150.00 1 $ 150,00 Misc.Expense and Equipment $ 450.D0 1 $ 450.00 PID $ 75.00 1 $ 75.00 Laboratory(water,as required) N WTPH-Gx $ 6095 5 $ 30475 4 NWTPH-Dx $ 66.70 5 $ 333.50 4 EPA 8260(VOCs) $ 172,50 5 $ 862.50 4 EPA 8270(PAHs) $ 189.75 5 $ 948.75 4 EPA 86020/200.8(RCRA 8) $ 15755 5 $ 787.75 4 EPA 8081(PCBs,as arochlors) $ 11385 5 $ 56925 4 Subtotal $ 8,001.50 Task 2. Data Evaluation and Technical Memorandum Includes both sam Ing events Principal Engineering Geologist $ 150.00 4 $ 600.00 Principal Geologist $ 120.00 6 $ 720.00 Principal H drogeologist $ 115.00 24 $ 2,760,00 Principal Field Geologist $ 105.00 4 $ 420,00 Drafting $ 90.00 2 $ 180.00 Data entry/validation $ 65.00 4 $ 260.00 Printing/Shipping(electronic report) $ 55.00 0 $ Subtotall $ 4,940.00 Initial Estimated FSI Cost $ 45,486.30 Phase I ESA(Invoiced 7/8/2022-Paid 7/20/2022) $ 2,500.00 Total Estimated Cost(Incuding P1 ESA) $ 47,986.30 Notes Assumes onsite vegetation is sufficiently cut back to allow approprite access for geophysical survey sample collection. Assumes hand tooling is sufficient for soil and reconnaissance ground water collection. Exhibit B Teaks Rate I units Total Focused Site Investigation Task 2(Including 2c and 2d) Project InittatlonlManagement,Pre-Implementation Start Meeting,HASP, Work Plan Principal En Ineerinq Geologist S 150.00 8 S 1,20000 Principal Field Geologist S 105.00 12 $ 1,2W 00 PrincipalHydrogeologist $ 11500 12 $ 1,38000 Principal GeologisVHAS Officer I $ 120001 8 S 9W 00 Subtotal S 4,800.00 Task 2. Geo h ical Survey f Borehole Clearance Senior Technician $ 900E 12 S 1,08000 saast $ 200.110 12 $ 2.400.00 Misc Expense and Equipment $ 225.0E 1 E 225.00 Drafti S 90.0E 2 S 180.00 Subtotall $ 3,886.00 Task 2(including 2e and Field Work: Surface Soil end Recon Ground Water Principal Field Geologist $ 10500 4 $ 420.00 Field Geologist $ 75.00 24 $ 1.800.00 Senior Technician $ 9000 24 $ 2.160.0E Technician $ 75.0E 24 S 1,800.0E Soil Sampling Kit S 5000 2 S 11x).00 High-Res.GPS Surveying Kit S 150.00 1 $ 150.00 Water sampling kit S 150 DO 1 S 150.00 Sediment sampling 0 $ 50 00 1 S 5000 Misc.Expense and Equipment $ 675 00 1 $ 675.00 AID $ 75 00 2 $ 150.00 Laboratory(surface soil.as required) NWTPH-Gx S 60.95 12 S 731.40 NWTPH-Dx S 6670 12 S 800.40 EPA 8260(VOCs) S 17250 10 S 1,725.00 EPA 8270(PAHs) $ 18975 10 S 1.89750 EPA 86020/200 8(RCRA 8) $ 15755 10 S 1.57550 EPA 8081(PCBs,as arochlors) $ 11385 10 $ 1.138.50 ISM Sample Preparation S 25875 6 S 1,55250 Laboratory(water,as required) NWTPHGx $ 60.95 4 $ 24380 NWTPH-Dx S 66.70 4 S 26680 EPA 8260(VOCs) $ 172.50 4 S 69000 EPA 8270(PAHs) $ 189.75 4 $ 75900 EPA 8602020E 8(RCRA 8) $ 157.55 4 $ 63020 EPA 8081(PCBs,as arochlors) $ 113.85 4 S 45540 Subtotal $ 19.921.00 Task 2(including Field Work: Recon Ground Water ISecond Round Principal Field Geologist $ 105.00 2 $ 21066 Field Geologist S 75.00 24 S 1.80000 Senior Technician S 90.0E 24 S 2.160.0E Hiah-Res.GPS Surveying Kit $ 15000 1 $ 150.00 Water sampling kit $ 150.00 1 $ 150.0E Mlsc Expense and Equipment $ 450.00 1 $ 45000 PID $ 75.00 1 S 750C Laboratory(water asrequired) NWTPHGx S 6095 4 S 24380 NWTPH-Dx $ 6670 4 $ 266.80 EPA 8260(VOCs) $ 17250 4 S 69000 EPA 8270(PAHs) $ 10975 4 $ 759.00 EPA 86020/200.8(RCRA 8) $ 157.55 4 $ 630.20 EPA Will(PCBS.as al,0010re) $ 11305 A $ 455.40 Subtotal S 8.040.20 Task 2.Data Evaluation and Technical Memorandum(includes both sam Ing events Principal I Engineering Geologist $ 15000 4 S 600.00 Principal Geologist $ 12000 6 $ 720.0E Principal Hyd eulogist $ 115.00 24 $ 2,760.00 Principal Feld Geoloa_Ist $ 10500 4 $ 420.00 Draftina S 90.00 2 S 180.00 Data entrylvalidation $ 6500 4 S 250.00 Printinq_Shippinq_(electronic report) $ 55.0E 0 S Subtotal S 4.940.00 Initial Estimated FSI Cost S 41,686.20 Phase 1 ESA(Invoiced 7/8/2022-Paid 7/20/2022) S 2,600.00 Total Estimated Cost(Incuding P1 ESA) $ 44,086.20 Notes: Assumes onsite vegetation is sufficiently cut back to allow approphle access for geophysical survey sample collection Assumes hand tooling is sufficient for soil and reconnaissance ground water collection Contract Amendment#2 Between Evren Northwest,Inc. And Jefferson County Public Health Chimacum Confluence Project WHEREAS,Evren Northwest, Inc. (Subcontractor)and Jefferson County(County)entered into an agreement on June 6,2022 for Professional Services. These services are to be provided by conducting Phase I and Phase II Environmental Site Assessments for approximately two acres of the property located at 890 Old Hadlock Road in Port Hadlock(APN 901 112 013). The agreement was amended on November 21, 2022 to extend the Time for Performance to June 30,2023. WHEREAS,the Phase I Environmental Site Assessment was completed based on conditions present at the site as of June 22, 2022. Himalayan blackberries and other vegetation,that had previously obscured the presence of additional solid waste and a soil mound, were mowed down in November 2022. WHEREAS,subsequent communications with the Department of Ecology(DoE) in the lead up to the Phase II Environmental Site Assessment concluded that the existing Scope of Work and Estimated Budget should be expanded to include preparation of a Work Plan as required by DoE, additional site visits, and additional water and soil sampling and analyses. WHEREAS,the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: I. In Item 4a., Payment, shall now read, "Payment for the work performed by Contractor shall be made as provided on Exhibit"B" attached hereto,provided that the total amount of payment to Contractor shall not exceed $44,086.20 without express written modification of the Agreement signed by the County." This change represents an increase of$23,336.20 over the original not to exceed amount of$20,750. 2. The Scope of Work description for Task 2,Conduct a Phase II, shall now read: "Conduct a Phase II Environmental Site Assessment to meet or exceed all standards citied in ASTM E 1903. Results from initial sampling will determine the need for any follow-up analyses on select samples. Only lab work that is necessary will be performed and billed." 3. The Scope of Work is expanded to also include the following subtasks under Task 2, Conduct a Phase II: 2c) Visit the mowed site with project partners to reassess scope of Phase II work. 2d) Prepare a Work Plan for DoE to review and approve prior to conducting field work. Page I WQ-22-016-A2 2e)Obtain and test additional soil samples to determine the status of a mound located on the floodpiain. 2f)Conduct ground water sampling in winter and late spring. 4. The existing Exhibit B: Estimated Budget will be replaced by "Exhibit B: Revised Estimated Budget"attached to this amendment. 5. All other terms and conditions of the agreement will remain the same. Dated this �day of DC l'-or,20 L By: Heidi Eisenhour, Chair Jefferson Board of County Commissioners By: \ ��j I ,1z 'ctor Benn cipal EnvironYhental Scientist- Evren Morthwest, Inc. ATTEST: By: Carolyn Gallaway, ate Clerk of the Board APPROVED AS TO FORM ONLY: By: V C December 13,2022. Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney Page 2 Tasks I Rate I Units Total Focused Site Investigation Task 2(Including 2c and 2d) Project Initlatlon/Management,Pre-Implementation Start Meeting,HASP, Work Plan Principal Engineering Geologist $ 150.00 8 $ 1.200.00 'Princ4pal Field Geologist $ 105.00 12 E 1,260.00 Principal H dr eolo isl $ 115.00 12 $ 1.380.00 Principal Geologist/HAS Officer $ 120.00 8 1 $ 960.00 Subtotall $ 4,800.00 Task 2. Geophysical Survey/Borehole Clearance Senior Technician E 90.00 12 $ 1,080.00 Geophysicist $ 200.00 12 $ 2,400,00 Misc.Expense and Equipment $ 225.00 1 $ 225.00 Drafting $ 90.00 2 $ 180.00 Subtotall $ 3,885.00 Task 2(including 2e and 2 Field Work: Surface Soil and Recon Ground Water Pnnci al Field Geologist $ 105,00 4 $ 420.00 Field Geologist $ 75.00 24 $ 1,800.00 Senior Technician $ 90.00 24 $ 2,160.D0 Technician $ 75.00 24 $ 1,800.00 Soil Sampling Kit $ 50.00 2 $ 100.D0 High-Res GPS Surveying Kit $ 150.00 1 $ 150.00 Water sampling kit $ 150.00 1 $ 150.00 Sediment sampling kit $ 50.00 1 $ 50.00 Misc.Expense and Equipment $ 675.00 1 $ 675.00 PID $ 75.00 2 $ 150.00 Laboratory surface soil,asrequired) NWTPH-Gx $ 60.95 12 $ 731,40 NWTPH-Dx $ 66.70 12 $ 800.40 EPA 8260(VOCs) $ 172,50 10 $ 1,725.00 EPA 8270(PAHs) $ 189.75 10 $ 1.897.50 EPA 86020200.8(RCRA 8) $ 157.55 10 $ 1,575.50 EPA 8081(PCBs,as arochlors) $ 113.85 10 $ 1,138.50 ISM Sample Preparation $ 258.75 6 $ 1.552.50 Laboratory water,as required) NWTPH-Gx $ 60.95 4 $ 243,80 NWTPH-Dx $ 66.70 4 $ 266.80 EPA 8260(VOCs) $ 172.50 4 $ 690.00 EPA 0270(PAHs) $ 189.75 4 $ 759.00 EPA 86020200.8(RCRA 6) $ 157.55 4 $ 630.20 EPA 8081(PCBs,as arochlors) $ 113.&5 4 $ 455.40 Subtotal $ 19,921.00 Task 2(including Field Work: Recon Ground Water ISecond Round Principal Field Geologist $ 105.00 2 $ 210.00 Field Geologist $ 75.00 24 $ 1,800.00 Senior Technician $ 90.00 24 $ 2,160.00 High-Res.GPS Surveying Kit $ 150.00 1 $ 150.00 Water sampling kit $ 150,00 1 $ 150.00 Misc.Expense and Equipment $ 450.00 1 $ 450.00 PID $ 75.00 1 $ 75.00 Laboratory(water,as required) NWTPH-Gx $ 60.95 4 $ 243.00 NWTPH-Dx $ 66.70 4 $ 266.80 EPA 8260(VOCs) $ 172.60 4 $ 690.00 EPA 8270(PAHs) $ 189.75 4 $ 759.D0 EPA 86020200.8(RCRA 8) $ 157.55 4 $ 630.20 EPA 8081(PCBs,as arochlors) $ 113,85 4 $ 455,40 Subtotal E 8040.20 Task 2. Data Evaluation and Technical Memorandum Includes both sam ling events Principal Engineering Geologist $ 150,00 4 $ 600.00 Principal Geologist $ 120,00 6 $ 720.00 Principal H dro eolo ist $ 115.00 24 $ 2,760.00 Principal Field Geologist $ 105.00 4 $ 420.00 Draffing $ 90.00 2 $ 18000 Data ent /validation $ 65.00 4 E 26000 Printin /Shi pn (eledronic,report) $ 55.00 0 $ Subtotal--$ 4940.00 Initial Estimated FSI Cost E 41.6e6.20 Phase I ESA(Invoiced 7/8/2022-Paid 7/20/2022) $ 2,600.00 Total Estimated Cost(Incuding P1ESA) $ 44,086.20 Notes: Assumes onsile vegetation is sufficiently cut back to allow appropnte access for geophysical survey sample collection. Assumes hand tooling is sufficient for soil and reconnaissance ground water collection. Contract Amendment#1 Between Evren Northwest,Inc. And Jefferson County Public Health Chimacum Confluence Project WHEREAS, Evrcn Northwest, Inc. (Subcontractor)and Jefferson County(County) entered into an agreement on June 6,2022 for Professional Services. These services are to be provided by conducting Phase I and Phase II Environmental Site Assessments for approximately two acres of the property located at 890 Old Hadlock Road in Port Hadlock(APN 901 112 013). WHEREAS,the parties desire to amend the terms of that agreement. IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS: 1. The term of the above referenced agreement is extended to June 30, 2023. 2. Work performed between August 31, 2022 and the execution of this Agreement that is consistent with the provisions of this Agreement is hereby ratified. 3. All other terms and conditions of the agreement will remain the same. f Dated this 21 day of MOvICP 2022 BY: Heidi Eisenhour, Chair Jefferson Board of County Commissioners By: Vi oria Be6idtit,Principal Environmental Scientist- Evren Northwest, Inc. ATTEST: By; i, ?(� , l'�h/ Carolyn GallavMy,Clerk of the Board APPROVED AS TO FORM ONLY: J ( October 28, 2022 By: 'v Philip C.Hunsucker, Date Chief Civil Deputy Prosecuting Attorney WQ-22-016-AI PROFESSIONAL SERVICES AGREEMENT FOR Evren Northwest, Inc. THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and Evren Northwest, Inc. ("the Contractor"), in consideration of the mutual benefits,terms, and conditions specified below. 1. Project Designation. The Contractor is retained by the County to perform the following Project: Conduct Phase I and Phase 11 Environmental Site Assessments for the project identified as the Chimacum Confluence and consisting of approximately two acres of the property located at 890 Old Hadlock Road. in Port Hadlock(APN 901112013). 2. Scope of Services. Contractor agrees to perform the services identified on Exhibit "A"attached hereto including the provision of all labor. 3. Time for Performance. This Agreement shall commence upon signature and continue through August 31, 2022. Work performed consistent with this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit"A". Time is of the essence in the performance of this Agreement. 4. Payment. The Contractor 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 Contractor shall be made as provided on Exhibit`B"attached hereto,provided that the total amount of payment to Contractor shall not exceed $20,750 without express written modification of the Agreement signed by the County. b. Invoices must be submitted by the 15t1i of the month for the previous month's expenses. Such invoices will be checked by County, and upon approval thereof, payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit B of the Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work and submittal of reports under this Agreement and its acceptance by the County. d. Consultant shall provide invoices and necessary backup documentation for all services including timesheets and statements (specifying the services provided). Any indirect charges require the submittal of an indirect cost methodology and rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230. Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 1 of 13 wQ-22-016 e. The Contractor'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 six(6)years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications, and other materials produced by the Contractor 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 Contractor shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Contractor's endeavors. Contractor shall not be held liable for reuse of documents or modifications thereof, including electronic data, by County or its representatives for any purpose other than the intent of this Agreement. 6. Compliance with Laws. Contractor 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. Audit. An audit will be submitted to the County upon request. Upon request, Contractor will submit the most recent financial audit within 30 days. a. Upon request the County shall have the option of performing an onsite review of all records, statements, and documentation. b. If the County finds indications of potential non-compliance during the monitoring process,the County shall notify Contractor within ten(10)days. County and Contractor shall meet to discuss areas of contention in an attempt to resolve issues. c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs,Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable. 8. Indemnification. The Contractor shall defend, indemnify and hold the County, its officers, officials, employees, agents and volunteers(and their marital communities) harmless from any and all claims, injuries, damages, losses or suits including attorney's fees, arising out of or resulting from the acts, errors or omissions of the Contractor in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the County, its officers, officials,employees, agents and volunteers(and their marital communities)the Contractor's liability, including the duty and cost to defend, Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 2 of 13 hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 9. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of the Agreement. a. 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 Contractor's performance of this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired automobiles; and, (c)Non-owned automobiles. b. Commercial General 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($2,000,000.00 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: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; iv. Premises—Operations Liability(M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than$1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an"occurrence"form. If the professional liability policy is "claims made," then an extended reporting periods coverage(tail coverage) shall be purchased for three(3) years after the end of this Agreement, at the Contractor's sole expense. Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 3 of 13 The Contractor agrees the Contractor's insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. The County shall be named as an"additional named insured"under all insurance policies required by this Agreement, except Professional Liability Insurance when not allowed by the insurer. e. Such insurance coverage shall be evidenced by one of the following methods: (a) Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c)The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368, and, (d)A statement that the insurance policy shall not be canceled or allowed to expire except on thirty(30) days prior written notice to the County. If the proof of insurance or certificate indicating the County is an"additional insured"to a policy obtained by the Contractor 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 Contractor to obtain the full text of that endorsement and forward that full text to the County. Certificates of coverage as required by this section shall be delivered to the County within fifteen(15) days of execution of this Agreement. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor's 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, with the exception of Professional Liability Insurance, so affected shall protect both parties and be primary coverage for all losses covered by the above described insurance. i. 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. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of this Agreement by the County. At the option of the County,the insurer shall reduce or eliminate deductibles or self-insured Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 4 of 13 retention, or the Contractor shall procure a bond guaranteeing payment of losses and related investigations,claim administration and defense expenses. 1. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof,may be withheld from payment due,or to become due,to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. in. 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 Contractor must provide in order to comply with this Agreement. n. The County may, upon the Contractor's failure to comply with all provisions of this Agreement relating to insurance,withhold payment or compensation that would otherwise be due to the Contractor. o. The Contractor's liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. p. Any failure to comply with reporting provisions of the insurance policies shall not affect coverage provided to the County, its officers, officials,employees, or agents. q. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. r. The Contractor 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 the requirements stated herein. s. The insurance limits mandated for any insurance coverage required by this Agreement are not intended to be an indication of exposure nor are they limitations on indemnification. t. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty(30)days prior to cancellation, suspension, reduction or material change in the policy,notice of same shall be given to the Jefferson County Public Health Contracts Manager by registered mail,return receipt requested. Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 5 of 13 u. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. v. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Worker's Compensation(Industrial Insurance). a. If and only if the Contractor 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 Contractor, the Contractor shall maintain workers' compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to Jefferson County Public Health, upon request. b. Worker's compensation insurance covering all employees with limits meeting all applicable state and federal laws. This coverage shall include Employer's Liability with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act,disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. The Contractor specifically has the right to direct and control Contractor's own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither Contractor nor any employee of Contractor shall be entitled to any benefits accorded County employees by virtue of the services provided under this Agreement, including, but not limited to: retirement,vacation pay; holiday pay; sick leave pay; medical,dental, or other insurance benefits; fringe benefits; or any other rights or privileges afforded to Jefferson County employees. 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 Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 6 of 13 assuming the duties of an employer with respect to Contractor, or any employee of Contractor. 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. b. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor's written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Public Health Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor's performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person,other than a bona fide employee working solely for the Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Contractor, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty,the County shall have the right to annul this Agreement 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. 14. Discrimination Prohibited. The Contractor,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, gender, sexual orientation,material status, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15.No Assignment. The Contractor shall not sublet or assign any of the services covered by this Agreement without the express written consent of the County. Assignment does not include printing or other customary reimbursable expenses that may be provided in an agreement. 16.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. Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 7 of 13 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten(10) days written notice to the Contractor. b. In the event of the death of a member, partner, or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor 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 Contractor and the County, if the County so chooses. c. The County reserves the right to terminate this contract in whole or in part, with 10 days' notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause,the County shall be liable for only payment for services rendered prior to the effective date of termination. 18.Notices. All notices or other communications which any party desires or is required to give shall be given in writing and shall be deemed to have been given if hand- delivered, sent by facsimile, email,or mailed by depositing in the United States mail, prepaid to the party at the address listed below or such other address as a party may designate in writing from time to time. Notices to the County shall be sent to the following address: Tami Pokorny,Natural Resources Program Coordinator Jefferson County Public Health Department 615 Sheridan Street Port Townsend, WA 98368 360-379-4498 tpokomy@co.jefferson.wa.us Notices to Contractor shall be sent to the following address: Victoria Bennett, Principal Environmental Scientist Evren Northwest, Inc. PO Box 14488 Portland, OR 97293 503-452-5561 torib@evren-nw.com 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations,representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 8 of 13 the County within the scope of this Agreement. The Contractor ratifies and adopts all statements, representations,warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Contractor. 21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final, but shall be subject to judicial review. If either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this Agreement,each party in such action shall bear the cost of its own attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of the State of Washington for Jefferson County. The parties agree that all questions shall be resolved by application of Washington law and that the parties have the right of appeal from such decisions of the Superior Court in accordance with the laws of the State of Washington. The Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict,affect,or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party,whether express or implied, shall constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by either party. 24.No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party, unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs, and assigns. Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 9 of 13 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 28.No Third-party Beneficiaries. The parties do not intend, and nothing in this Agreement shall be construed to mean, that any provision in this Agreement is for the benefit of any person or entity who is not a party. 29. Signature in Counterparts. The parties agree that separate copies of this Agreement may be signed by each of the parties and this Agreement shall have the same force and effect as if all the parties had signed the original. 30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic signatures shall have the same force and effect as original signatures. 31. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at arms-length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary,to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement.. DATED this & day of LkhQ , 20 Z Z . (SIGNATURES FOLLOW ON THE NEXT PAGE) Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 10 of 13 SIGNATURE PAGE JEFFERSON COUNTY B OF COMMISSIONERS Name of Contractor Heid' i nhour,Chair �►r ,�►�- &NWs� Contractor Representative(Please print) Greg Brotherton,Member l (Signature) Kate Dean,Member Title ►'AAsn_ Date Approved as to form only: P May 2, 2022 Philip C.Hunsucker Date Chief Civil Deputy Prosecuting Attorney Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 11 of 13 EXHIBIT A: Scope of Work Evren Northwest, Inc. will conduct the necessary field investigations, sampling, and reporting necessary to provide Phase I and Phase II Environmental Site Assessments in accordance with standards promulgated by the U.S. Environmental Protection Agency(EPA) and the American Standard for Testing Materials (ASTM) as part of the Chimacum Confluence Project for approximately two acres of the property located at 890 Old Hadlock Road, Port Hadlock(APN 901112013). Task 1: Conduct a Phase I Environmental Site Assessment to meet or exceed all standards citied in ASTM E1527-21. Deliverables: la)Phase I Environmental Site Assessment in electronic(.pdf)format. Due: July 1, 2022 Task 2: Conduct a Phase II Environmental Site Assessment to meet or exceed all standards citied in ASTM E1903. Deliverables: 2a) Conduct field work and take soil, sediment, and water samples as required. Due August 1,2022 2b) Evaluate data and develop technical memorandum. Due August 31, 2022 Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 12 of 13 EXHIBIT B: Estimated Budget Phase I: $2,500.00 Phase II ESA Initial Estimate: Tampa Refs I Uaft TOM Focwed So lnves flan Task 1.Prapd :Project MaugammMuft arlp Si"Plan,WP,SAP Powpai Er Ireemi ve0gg161 15Q.013 6 Mad Pnw al Fin Geol Kt 3 105 W 2 S 210.00 Prlrcf ai GeologMMAG Of er 3 123.00 a S 96D.00 SwAowj = t870.00 Task 2. FYId Work: Surtaw Sol and Region Ground Wahr Pnrd al Rei9 Geologlgt 3 105.00 2 S 21D.00 Pflra al tl eo1 x;t 3 115 QD 2D S 2,30D.00 GerlorTedlra"m 3 W130 2D S 1,tA0.Ca Gal.^, PlhgICt $ 60.0D 2 S 1DD.Q0 Hg"es.GP-.GaRtyno Kft 3 15000 1 ; 15DA0 Water fame ing kit 3 153.00 1 150.40 Getnmentsariplrlgkr 3 'JJOD 1 S 50.00 1Asc.0gerseara nmejt S 453.00 1 ; 45D.00 P1D S 75.0D 2 L 15D.00 Lataatary fsLoTace Gas;as required) NWrPti-Gx 6 50.95 10 y 609.50 NWT'PH•Dx S 66.70 15 ; 667.0D EPA E260 MCM S 172.50 3 ; 517.50 EPA E27Q MAHii 5 189.75 3 ; 669.25 EPA E6P20 DDA JRCRA 5,, 5 157.55 3 S 472.55 EPA&361 iP",.86,26WWAIDM1 6 113.E5 3 i 341.56 1W Sam a Preparabor 6 258.75 776.25 L,bmtory i sWrnent as reWlretl} NWrPH-Gx 6 50.SS 2 S 121.9D NWrPH-Dx 6 66.70 2 S 133.40 EPA E270(PAHij 6 189.73 2 L 379.5D EPA e,5D2DZW.E,'RCRAE} 6 157.55 2 y 315.10 EPA 50E1(,PCSs,as aroWl rs) 6 113.65 2 S 227.7D Lataxo (saw as rquirel"� NWrPH-Gx 6 50.65 3 y 1E2.85 NWU H-Dx 6 66.70 3 L 200.1 D EPA 626-3i1i`OCs1 6 172.50 3 ; 517.50 EPA B270 iPAHij 6 189.75 3 S 569.25 EPA 65C a2W.E;RCRA E} 6 157.55 3 S 472.66 EPA MI iPC56,AaroCAltf61 6 113.E5 3 341.56 SuMotal >j 1.2.775.20 TYk3_ DiftftMualWnwdTochnicatMemOraaxklxl! Pnrci al Erglreellrg Geohglal S 163.00 2 S 30DA0 Pnropal Geol tst 1-20-0 2 24D.00 Prlropal lmgeologls[ 3 115.130 15 S 1,54D.00 Prirapal F'eb Geologist y 105.QD 4 L 42DAD Draltn 75 G 4 D.00 Dataer4V;va10atar S 65AD 4 S 260.00 PTin chic n eieomnic reporri 6 55.00 0 S SuOtotal = 9,3i6.90 W132f Estimated Prolod Cost f 18.205.20 Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 13 of 13