HomeMy WebLinkAboutEvron Northwest, Inc. 615 Sheridan Street
Port Townsend, WA 98368
c9eehson www.JeffersonCountyPublicHealth.org
Consent Agenda
Public Healt
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: 4Lfc 6, .
SUBJECT: Agenda Item — Evren Northwest, Inc.: Chimacum Confluence Project Phase I
and II Environmental Site Assessments, Amendment 5; June 6, 2022 —
December 31, 2024; additional $4,050.00 for a total of $54,636.30
STATEMENT OF ISSUE:
Jefferson County Public Health (JCPH) requests approval of Amendment 5 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 — December 31, 2024; additional $4,050.00.
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
In Amendment 5, Evren will develop a Work Plan for the next phase of site investigation for the Chimacum
Confluence project at 890 Old Hadlock Road. The budget allowed is increased not to exceed $54,636.30
without an express written modification of the Agreement signed by the County. Evren will complete a Work
Plan to ECY specifications for future installation of monitoring wells, quarterly sampling, and expansion of the
area included in the Phase II Environmental Site Assessment. This change represents an increase of $4,050.00
to cover staff time associated with the Work Plan.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Funding for this project is provided by 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 5 of the Professional Services Agreement with
Evren for the Chimacum Confluence Project Phase I and II ESAs; June 6, 2022 — December 31, 2024;
additional $4,050.00 for a total of $54,636.30.
REVIEWED BY:
Sz/V.Z/1
Mark McCaule ' ounty Administrator Date
Community Health
Developmental Disabilities Environmental Public Health
360-385-9400 360-385-9444
360-385-9401 (f) (f) 360-379-4487
Always working for a safer and healthier community
WQ-22-01 6-A5
FORM Clear Form
CONT 'CT REVIEW
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Evren Northwest, Inc. Contract No: WQ-22-016-A5
Contract For: Chimacum Confluence Environmental Site Assessment Term: 6/6/2022 - 12/31/2024
COUNTY DEPARTMENT: Environmental Health
Contact Person: Tani Pokorny
Contact Phone: X498
C.Ontact e[Iz:iil' tpokorny@co.jefferson.wa.us
PROCESS: hxenypt from Bid Process
AMOUNT: Add'I$4,050.00 for total:$54,636.30
Revenue: Cooperative Purchase
Expenditure: $54,636.30 Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # 128 RFP or RFQ
Munis Or<,g/(.)bj 12855310 Other:
APPROVAL STEPS:
STEP I: DEPARTMENT CERTIFIES COMP . E WEB- .0C ". .I 1O AND CHAPTER 42.23 RCW.
CERTIFIED: N/A: - — July 29.2024
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEE DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY.
CERTIFIED: ■ N/A: July 29, 2024
Sienaturc --- ----- Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 8/1/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserliche):
Electronically approved as to form by PAO on 8/1/2024.
Contract Amendment.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ING ATTORN.EY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1
Contract Amendment#5
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); and
WHEREAS,based upon results of the Phase II Environmental Site Assessment completed on June 22,
2023, a Work Plan is necessary prior to initiating the next phase of site investigation in cooperation with
County and Washington Department of Ecology (ECY); and
WHEREAS,the parties desire to amend the terms of that agreement; therefore
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. Work performed between June 30, 2023 and the execution of this amendment that is
consistent with the provisions of the Agreement is hereby ratified.
2. 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 $54,636.30 without express written
modification of the Agreement signed by the County."This change represents an
additional increase of$4,050.00 over the original not to exceed amount of$20,750, to
total $54,636.30.
3. The Scope of Work shall now include"Evren Northwest, Inc. will complete a Work Plan
to ECY specifications for future installation of monitoring wells, quarterly sampling, and
expansion of the area included in the Phase II Environmental Site Assessment."
4. All other terms and conditions of the agreement will remain the same.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
WQ-22-016-A5
SIGNATURE PAGE
JEFFERSON COUNTY WASHINGTON EVREN NORTHWEST, INC.
Board of County Commissioners
Jefferson County, Washington
By:
By: Signature
Kate Dean, Chair Date
SEAL: Name:
Title:
Date:
ATTEST:
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
C 41j16 --
August 1, 2024
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
2
EXHIBIT B: Estimated Budget
Tasks Rate l Units Total
Additional Focused Site Investigation w/Monitoring Wells
Task 1 Project Initiation/Management,Pre-Implementation Start Meeting,HASP,Work Plan
Principal Engineering Geologist S 160.00 2 S 320.00
Principal Field Geologist S 115.00 10 S 1,150.00
Principal Hydrogeologist S 125.00 16 S 2,000.00
Principal Geologist/HAS Officer S 145.00 4 S 580.00
Subtotal $ 4,050.00
3
Contract Amendment#4
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); and
WHEREAS,based upon results of the Phase II Environmental Site Assessment for two acres, a Phase I
to include the entire property is necessary to more fully characterize the property; and
WHEREAS,the parties desire to amend the terms of that agreement; therefore
IT IS AGREED BETWEEN BOTH PARTIES AS NAMED HEREIN AS FOLLOWS:
1. The term of the above-referenced agreement is extended to December 31, 2024.
2. Work performed between June 30, 2023 and the execution of this amendment that is
consistent with the provisions of the Agreement is hereby ratified.
3. 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 $50,586.30 without express written modification of
the Agreement signed by the County." This change represents an additional increase of
$2,600 over the original not to exceed amount of$20,750, to total $50,586.30.
4. The Scope of Work overview in Exhibit A shall now read, 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.
The Phase I will include the entire property, approximately 5.30 acres, located at 890 Old
Hadlock Road, Port Hadlock(APN 901112013) and the Phase II will be limited to
approximately two acres of the property."
5. All other tennis and conditions of the agreement will remain the same.
Dated this day of('t Ami.1 ./1./ ,2024
(SIGNATURES FOLLOW ON THE NEXT PAGE)
WQ-22-016-A4
SIGNATURE PAGE
By:
Kate Dean, Chair
Jefferson Board of County Commissioners
By: ,_� s ���* RS '
�
icto a Bent tt,Principal Environmental Scientist- 6 i t, � ,. ,
Evren Northwest,Inc.
16
ATTEST: try€44glt4eacc &,I,0
7
By:
lar
Carolyi3 Gallaay CMC,Clerk of th9oard
APPROVED AS TO FORM ONLY:
January 4,2024
By:
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
2
Contract Amendment#3
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 /I 1;:,, , 20 2,3
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Page 1
WQ-22-016-A3
SIGNATURE PAGE
i a\
By: a
G?cBrotherton, Chair
Jefferson Board of County Commissioners
,r , ,
, , \ i AI p„ .,k‘4,., t \ , , --/ z ! -3 , , „
Viori Bennett,Principal Environmental Scientist- (142)::::::'''''':8';'°C''':117'.1:41:14siriE::-::'''''
Evren ` orthvest, Inc. . `
ATTEST: ",, t
�e
i - i - ( a ,c/r/z.,3,
By.
Carolyn Galla ay, Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
By: April 18, 2023
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 2
Exhibit A
Tasks •, flats t Units Total
Focused Stia Investigation
Task 2(Including 2c and 2d) Project Initiation/Management,Pm-Implementation Start Minting,HASP,
Work Plan
Principal Errgixtem ng Gaokniist $ 150.00 8 3 1.200.00
Principal Field Geologist $ 105.00 12 $ 1,25000
Prmeljuil Hydrogovcgist $ 115.00 12 $ 1.380.0E
Principsi ConlogdMHAS 01iioer $ 120.:00' 8 5 960.00
Subtotal $ 4,600.00
Task 2.Geophysical Survey P Sonatrnie Clearance
Senior Techn rain $ 90.00 12 $ 1,050.00
(2eophysicat $ 200.00 12 $ 2,400.00
M1ac.Expanse and Equip-nen $ 225.00 1 $ 225.00
Drafting $ 90.00 2 .8 180.00
Subtotal $ $,885,00
Talk 2(limit/ding 2eand 21)Maid Work. Surface soil and pecan Ground Watts
Principal Field Geri GerikApst $ 105.00. 8 $ 840.00 4
Field Geci,gsat :$ 75.00 3":- $ 2,250.00 24
Seelior Techniron $ 9000 30 $ 2,700 00 24
Technician .,,,.., $ 7500 30 $ 2,250,00 24
Soil Sampx Kit $ 50.00 2 $ 100.00
lira-Res,GPS Sta'Veycro 1(0 $ 150.00' 1 $ 150.00
Water sampling kit $ 150,00 1 . $ 15000
Sediment sampling kit $ 50.00 1 $ 50.00
Misc.E:isgarise arid Equipment $ 675.00 1 @ 675.t03
PID $ 75(a a $ 15000
�t Laboratory(sudate sot es required)
NWTPH-Gx $ 60 95 12 ®$ 731.40
NWTPH-Dx $ 6670 12 v$ 80046
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 S 1,575.50
EPA 8081(PCBs,as arecl- ) $ 113 85® 10 $ 1.138.50
ISM Sample Preparation $ 258.75 8 $ 2;070.00 6
Lab tery Iwatue,as required)
NWTPH-Gx $ 60.95� 5 $ 30475' 4
NWTPH-Dx $,. 66,70 5 $ 333.50 4
EPA 8260(VOCS) S 172.50 5 $ 862.50 4
EPA 8270(PAHs) . $ 189.75 5 S 948.75 4
EPA 8€020r200 8(RCRA 8) $ 157.55 1 5 $ 787.75 4
EPA 8081(PCBs,as arochtors) $ 113.85 : 5 $ 569,25 4
Subtotal' $ 23,069.80
'UAW 2(including 2t)Reid WAR* Ra n Ground later(Second iixsrsintj
'Principal Field Gicologiai $ 105,00 2 $ 21000
Field Ociiikmist $ 75.00 24 $ 1,80000
,Senior Technician $ 90.00 24 ' $ 2.160.00
H h-Rae,GPS&avayusg tot $ 150 00 1 $ 150.00
Water sampling kit $ 150.00- 1 $ 150:00
M sc Expense and Equoment $ 450:00 1 $ 450.00
PO $ 7500, 1 '3 75.00
Laboratory(water,es required)
NWTPH-Gx $ 60,95� 5 $ 304,75 4
i.NWTPH-Dx .
$ 66.70 5 $ 333:50 4
EPA 8260(VOCs) $ 172.50 5 $ 862.50 4
EPA 8270(PAHs) $ 189 75 5
i 948:75 4
EPA 88020203.8(RCRA 8) $ 157.55 5 $ 787.75 : 4
EPA 8081(PCBs,as arochiors) $ 113 85 5
$ 569 25 4
5rrbiotalj 8,501.50
Taak 2_Oats Evan ia+iun and Technical Memorandum(Includes both sampling awards)
Primp+pal ErIgirVertrIg Coo tia€ 5 LSO 00 4 $ 000.0,0
-PrinCtpdl Gasi iet `. $ 120 00 6 $ 720 00
Prtncipat Hytkageolivial $ 115.00y 24 $ ',MO 00
Puns Field Geotag xt 3 105.00 4 $ 420,00
Drafting $ 90.00 2 $ 180.00
Data enirylveialat n 5 65.00 4: $ 260 00
Prlrtt+ngratanjtmg{eliptroni tvillm•; . $ 55.00 0 $
Subtotal $ 4,940,00,
1ttldt EsllOsated F§f Grist $ 45,486.30
Phase I ESA(Invoiced 7/8/2022-Paid 7/20/2022) $ 2,500.00
Total Estimated Cost(Mending PIESA) $ 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
Tasks j Rate 1 units ! Tote)
Poetised Site irtwwcstlpatinrr
Tank 2(Including 2c and 2d) Project Initiation/Management,Pre-Implementation Start Meeting,HASP,
Ntcrk Plan
Principal Engineering Geologist $ 15000 6 $ 1.200.c0.
Principal Field Geologist S 105.00 12 S 1,260.00
Principal Hydrogeotogist S 115„00 12 $ 1,360,00
Principal Geologist/HAS Officer $ 120.00 5 $ 960,00
saltlotsl S 4.800.00
Task 2. Geophysical Survey Borehole Ci rence
Senior Technician $ 90.00 12 S 1,080.00
Geophysicist $ 200.00 12 S 2,400.00
Misc.Expense and Equipment $ 225.00 1 $ 225.00
Drafting ( S 90.00' 2 S 180.00
Subtotal 1 3,885.00
Teak 2(lneludlog 2.and 2f1 Fleid Work: Surface Soil and Recon Ctr0und Water
Principal Field Geologist $ 105.00: 4 8 420.00
Field Geologist $ 75.00 24 $ 1,800 00'
Senior Technician $ 90.00 24 $ 2,160.00
Technlclan S 73.00 24 $ 1,800,00
Sae Sampling Kit $ 50.00 2 S 100.00'
High-Res.GPS Surveying Kit $ 15000' 1 $ 150.00
Water sampling kit $ 150,00 1 S 150.00
Sediment sampling kit $ 50,00 1 $ 50000
Moe.Expense and Equipment $ 675_00 1 $ 675.00
PID $ 7500 2 $ 150.00
Laboratory(surface soil,as required)
NWTPH-Gx $ 80.95 12 $ 731.40
NWrPH-Dx $ 66.70 12 S 800.40
EPA 8280(VOCa) $ 172.50 10 $ 1,725.00
EPA 8270(PAHs) $ 189.75 10 S 1,897.50
EPA 86020/200.8(RCRA 8) $ 157.55 10 $ 1.575.50
EPA 8081(PCBs,as arochlors) $ 113)15 10 $ 1,138.50
ISM Semple Preparation $ 258.75 6 $ 1.552.50
Laboratory(water,as required) -...
NWTPHGx $ 60.95 4 $ 243.80
NWTPH-Dx $ 86.70 4 $ 268.80
EPA 8280(VOCs) $ 172.50 4 $ 690.00
EPA 8270(PAHs) $ 189.75 4 $ 759.00
EPA 86020f200.8(RCRA 8) $ 157.55 4 $ 630 20
EPA 8081(PCBs.as arochlors) $ 113.85 4 $ 455.40
Subtotal S 19,621,00
Task 2(including 2f) Field Work, Ratan Ground Water(Second Round)
Prirteipal Fteliti Gociowrt $ 105.00 2 ` S 210,00
Field Geologist $ 75.00 24 5 1.800.a
Senior Technician $ 90,00 24 5 2,160.
High-Res.GPS Surveying IGt $ 150.0E 1 $ 150:00'
Water sampling let $ 150.00 1 $ 150..,
/Misc.Expense and Equipment $ 450.00 1 $ 450.00
PIO $ 75.00 1 $ 75.r
Laboratory(water,as required)
NWTPH-Gx S 80.95 4 S 243.80
NWTPH-Dx $ 68.70 4 S 286.80
EPA 8260(VOCs) $ 172.50 4 $ 690,00
EPA 8270(PAHs) $ 189.75 a 4 $ 759"00
EPA 88020/200.8(RCRA 8) $ 157.55 4 $ 630.20
EPA 8081(PCBs.as arochlora) $ 113.85 4 r'S 455.40
Subtotal' S 8,040-26
'Teo 2.Dada Evehkratkrn end Technical Mensorendurn flocingea brava sampling everts)
Principal Engineering Geologist $ 150.00 l $ 80000
Principal Geologist $ 120.00 6 $ 720.00
Principal Hydrogeologiet $ 11500 24 $ 2,760.03
Principal Field Geologist $ 105.00 4 $ 420.00
Drink $ 90,00 2 $ 180"000
Data enk yival"xlation $ 65.00 4 $ 280.00
Printing/Shipping(electronic report) .. $ 55.001 0 S
Sbtstolal $ 4640.00
Mittel Elvtim€tted ESI Cost $ 41,585.20
Phase I ESA(invoiced 7/8/2022-Paid 7/20/2022) $ 2,600.00
Total Estimated Cost Unending P1 ESA) $ 44,086.20
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,
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:
1. 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 E1903. 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 1
WQ-22-0 16-A2
2e) Obtain and test additional soil samples to determine the status of a mound
located on the floodplain.
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 et .M day of )' ' ,20 7 Z.
By:
Heidi Eisenhour, Chair
Jefferson Board of County Commissioners
By:
icoor Benn it,-Pr ncipai Environ ental Scientist-
Evren orthwcst.Inc.
ATTEST:
Ca"t 11/19/2L.
Carolyn Gallaway, /Date
Clerk of the Board
APPROVED AS TO FORM ONLY:
By: ._KK.
a December 13,2022.
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Page 2
Tasks J Rate I Units L Total
Focused Stir,Investigation
Task 2(Including 2c and 2d)Project Initiation/Management,Pre-Implementation Start Meeting,HASP,
Work Plan
Principal Engineering Geologist r $ 15000 /( $ 1 200,00
Principal Field Geologist $ 105.00 12 $ 1,260.00
Principal Hydrogeologist $ 115,00 12. $ 138000
Principal Geologist/HAS Officer $ 120.00 8 $ 960:00
Subtotal $ 4,800.00
Task 2.Geophysicrif Survey/Borehole Clearance
Senior Technician $ 90..00`- 12 $ 1,060.00
Geophysicist $ 200.00 12 $ 2,400.00
Misc.Expense and Equipment 1 $ 225.00, 1 ^ $ 225.00
Drafting l $ 90.00- 2 $ 180.00
Subtotal $ 3,885.00'
Task 2(including 2e and 2f) Field Work: Surface Soil and flacon Ground Water
Principal Field Geologist $ 105.00 4 $ 420.00
Field Geologist $ 75.00 24 $ 1,800.00'
Senior Technician $ 90..00. 24 $ 2,160.00
Technician $ '75410 24 $ 1,800.00
Soil Sampling Kit $ 50.00 2 r $ 100.00
High-Res,GPS Surveying Kit $ 150,00 $ 150.00
Water sampling kit 5 150,03 $ 150:1)0
Seilnttnt sari'sr=g lot $ 50 00 $ 50.00
'Misc.Expense and Equipment $ 675 00 1 $ 675.00
lID I $ 75.00 2 $ 150.00
Laboratory(surface soil,as required)
NWTPH-Gx $ 60.95 12 $ 731.40
NWTPH-Dx $ 66.70 12 $ B00.40
EPA 8260(VOCs) $ 17250 10 $ 1,725.00
EPA 8270(PAHs) $ 189.75 10 $ 1,897,50~
1. EPA 86020/200.8(RCRA 8) $ 157.55 10 $ 1,575.50
EPA 8081(PCBs,as arochlors) $ 11385 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 8270(FAHs) $ 189.75 4 $ 759.00
EPA 86020/200.8(RCRA 8) -$ 157.55 4 $ 63020
EPA 8081(PCBs,as arochlors) $ 113.85 4 $ 455.40
Subtotal' $ 19.621.00
Task 2(Idetudin({2f) Field Work: Raton Ground Water(Second Round)
Principal.r,old 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 T
Water sampling kit $ 150.00 1 ,$ 15000.
Misc.Expense and Equipment $ 450.00 1 $ 450.00
PID $ 75.00 1 $ 75.00
Laboratory(water,as required)
NWTPH-Gx $ 60.95 4 $ 24380
NWTPH-Dx S 66.70 4 $ 266.80
EPA 8260(VOCs) �.$ 172,50 4 S 690 00
EPA 8270(PAHs) $ 189.75 4 $ 759.00
EPA 86020/200.8(RCRA 8) -$ 157.55 4 a$ 630.20
-
EPA 8081(PCBs,as aroehlcrs) $ 113.85 4 $ 455A0
Subtotal $ 8,040.20
Task 2.Data Evacuation and Technical Memorandum(Includes both eam..ling events)
„Principal Engineering Geologist $ 15000 4 $ 600 iX#
Principal Geologist $ 120:00 6 $ 720.0(1
Principal Hydrogeo)pgist $ 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 w $ 260.00
Punting/Shipping(electronic report) $ 55.1)0 0 $
Subtotal $ 4,940,0
I lit I s iota ed vsi Cost $ 41,686.20
Phase I ESA(Invoiced 7/8/2022-Paid 7/20/2022) $ 2,500,00
Total Estimated Cost(Incuding P1 ESA) $ 44,086.20
Notes:
Assumes onsite 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,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).
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.
Dated this day of }�( ����°i.�a:= �ry
2022
By: P
I:Ieidi Eisenhour, Chair
Jefferson Board of County Commissioners
By: \y[1/4t t
ria Beriett,Principal Environmental Scientist-
Evren Northwest,Inc.
ATTEST:
Bye _` t
Carolyn Galla ,Clerk of the Board/
APPROVED AS TO FORM ONLY:
October 28, 2022
By:
Philip C.Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
WQ-22-016-Al
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 II 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. 'flue 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 15th 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.
m. 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
NOM
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 Aainst 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.i[on..\aiver. 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 Awreei ent. 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. Modiication of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. Dispute.: 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. Scveiability: 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.
0day of �. > 20 __:..__•
DATED this ;;
(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
BO RD OF COMMISSIONERS
Name of Contractor Heidi Eileithour,Cha
p� o-
Contractor Representative(Please print) Greg Brotherton,Member
1
Itiqp 7e9,
(Signature) Kate Dean,Member
Title
Date
Approved as to form only:
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:
1a)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:
Teak* I Rob l gat 1 row
roomeecl Ste tiwasl ,ti/ion
bola Profit Don-' • -it ingelnin iitaitai mod Safety Plays,QAPP SAP
Ritsc9321 5rg.-33-1r q Geo•. • S 150,06 6 S 900.00
Pr11x4.17i Pe31 Geoio0ist S 1Ci5JZ. 2 3 210.00
Prtrc:pal 6eolcvs111A.+O111cer S 120.00, a S 940.00
Sebfic333 $ 2.070,00
Teta 2. ftskl Wart: Solace boll 1r14'1!teem Gco*44 Wale(
Pcirstspi Fies43 Geo33g1Ft S 105.00 2 , L 210.00
:.rtropat',t' "'pi: S 11513D _ $ 2,300.CO
SeniorTesttrxlaa S 90.00 20 $ 11130.0
0.
WI' lktg Kt S 50D0 2 t: 10000
H;P..-.3s,S 3,SJr4t frx.KIt 3 133,00 1 3 150.40.
Vtater ramping tit S 1 53.00 1 » 1 1550.00
'SedIrnes7t sarris$3 9 33 S 531?0 i S 50A0
1.tsc Ensense and Egstbn1 1t S ta3.CO 1 , 5 450.00
Pro $ 75. 0 2 L 151100
Libaratrin lsurfarce sat as iL`Orecl)
3WTPtt-Gx S 51195 1 D 5 609.50
5 66.70 1 D 5 667.00
EPA 6260(VOCsi S 172.50 3 5 517,50
EPA f270 PAtis) S 189.75 3 5 563.25
r'A 65:/22_ .61tt[:7iA 6} 5 157.55 3 5 472.65
EPA 5081(PCBs,as aocrwasi S 113.65 3 5 341.55
~
Ism f ame%Rrepa+alpon S 254.75 3 S 776.25
lattaiatary(se4knentr ae oequirea)
Ny 1-G "5 60.95 2 S 121.913
eiyy l px $ 65.70 2 5 13340
EPA 6270(PAfis) W S 169.T5 I 2 $ 379.50
EPA V3:2221::.6 iRCRA 6} S 157.55 2 5 315.1D
EPA 15361(PCBs,34 a wiltu it >5 113.65 2 5 227.70
a boratorf orzer,ai IflutC4)
N,AITPHyx 5 60,05 3 S 132.55
Neal-PH-Os S 66.70 3 5 200.10
EPA 5263 iVOCs) 5 172`53 '3 5 517.5D
EPA 672(PAHI) S ia9.75 3 5 56325
EPA 651S22230.64RCEA 6} 5 157.554 3 5 472.65
EPA 6061(T C5 ,as zomintr'f 5 113.65 3 S 341.55
Subtotal 4 12.77120
Tassk 3. Ora E isrle l acid Tat6ttnicai Memorandum _
Pr1noiLe Ellglner,1rq Geoiaglit S isaz' 2 5 301100
Pr1nCQ7 GeolrgL1 S 123210' 2 24:Co.
Pr136-pal tl0ito�t eoll gist '3 115/33 lb 6 1,34:.al
PrinCpal Fell GEologist S 105.00 4 - 5 420.00
rip S 75.03 4 T 3D:c:C
1320emnoa'1mton S :S.Cii: 4 L 260.1C
Ptlnleat11t2pl1q(el* fCMCt{ntt1 $ 5503 0 $ -
Sao i $ 3.39.00
11111ai Eart11r1a teo Pm etz feet S telos.29
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Professional Services Agreement, JCPH, Version 3, PAO Approved 7/12/2021 Page 13 of 13