Loading...
HomeMy WebLinkAboutCA5 Department of Public Works o Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request From: Board of Commissioners Philip Morley, County Administrator Frank Gifford, Public Works Director~ To: Agenda Date: February 1, 2010 Subject: Professional Services Agreement with Michael R. Cronin for Forest Management Services associated with Larry Scott Trail, and other Projects. Statement of Issue: Execution of Professional Services Agreement with Michael R. Cronin, Port Townsend, WA., for forestry management services for Larry Scott Trail, CR1069, County owned timber parcels and other County projects. Analysis/Strategic Goals/Pro's & Con's: This Agreement is to provide forest related tasks for this project and other projects that may be needed and assigned to the Consultant. Fiscal Impact/Cost Benefit Analysis: The total maximum amount payable for forestry services under this contract is $20,000.00, to cover forestry needs on the Larry Scott Trail, , and various other County projects by task orders through December 31, 2014. The County is not obligated to expend any funds on this Agreement. Department Contact: Monte Reinders, County Engineer, 385-9242 Recommendation: The Board is requested to execute the Professional Services Agreement with Michael R. Cronin, and return 2 originals to Public Works. Reviewed By: // ./) ~~~/~ -~ tip MotL. ,Co.mty Aem1nistrator '-._- / / //~ ./ / /F' ~ ...- ,-.--.-. '. ,., .' Date PSA -Cronin- 2010 PROFESSIONAL SERVICES AGREEMENT FOR Forest Management Services THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and Michael R. Cronin, Forester, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to perform Forest and Timber Management services in connection with various projects including, but not limited to, Pre & Post Timber Harvest Management, Forestry Planning and Design, Hazardous Tree Assessment, Environmental Review, Timber Cruise and Removal Planning for Parks, Non-motorized & Motorized Transportation Facilities; and County owned properties. Forestry Planning, Design, and Forestry Contract Management/Inspection Related to County Properties; Forestry Related Permitting and Coordination Services. 2. Scope of Services. The Consultant is retained by the County to provide services outlined on the attached Project Scope and Fee Proposal documents dated January, 2010 on an as needed basis by the County. Each item of work under this AGREEMENT will be provided by task assignment. Each assignment will be individually negotiated with the Consultant. The amount established for each assignment will be the maximum amount payable for that assignment, including the provision of all labor, materials, equipment and supplies, unless modified in writing by the County. The County is not obligated to assign any specific number of tasks to the Consultant, and the County's and Consultant's obligation hereunder are limited to tasks assigned in writing. Task assignments made by the County shall be issued in writing by a Formal Task Assignment Document or "FTAD". An assignment shall become effective when a FTAD is signed by the Consultant and the County, except that emergency actions requiring a 24-hour or less response can be handled by an oral authorization. Such oral authorization shall be followed up with a FT AD within four working days, and any billing rates agreed to orally (for individuals, subconsultants, or organizations whose rates were not previously established in the AGREEMENT) shall be provisional and subject to final negotiation and acceptance by the County. The work to be performed by the Consultant pursuant to a signed FT AD shall be known herein as a "Task". 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed for each Task. Consultant shall perform all services and provide all work product required pursuant to this Agreement within the time established for each Task, unless an extension of such time is granted in writing by the County. This contract will expire on December 3 L 2014. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: - 1 - PSA-Cronin-201O a. Payment for the work provided by Consultant shall be made as negotiated in each FTAD in accordance with the attached Project Scope and Fee Proposal dated Januarv 9, 2010. The rates listed shall be applicable for the first 12-month period and shall be subject to negotiation for the following 12-month period upon request of the Consultant or the County. The rates are inclusive of direct salaries, payroll additives, overhead, and fee. In the event renegotiation of the hourly rates is conducted, the County reserves the right to audit for any change in the overhead rate currently in use by the Consultant and modify the hourly rates to be paid to the Consultant subsequent to the renegotiation accordingly. b. The maximum amount payable for each Task will be identified. The County is under no obligation to provide a minimum amount of work or payment under this Agreement. The maximum cumulative amount payable under this Agreement shall not exceed $20,000. c The Consultant may submit vouchers to the County once per month during the progress of the work for partial payment for project completed to date, up to 90% of total project costs for any given Task. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. d. Final payment of any balance due the Consultant of the total contract price earned for any given Task will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. e. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. f. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or -2- PSA-Cronin-201O any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non-owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. Said general liability policy shall name the County of Jefferson as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice 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. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant A~ainst Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. - 3 - PSA-Cronin-20 1 0 13. Non- Waiver. Waiver by the County of any provision ofthis agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works 623 Sheridan Ave. Port Townsend, WA 98368 Phone: (360) 385-9160 Notices to Consultant shall be sent to the following address: Michael R. Cronin, Forester 371 Hidden Trails Road Port Townsend, W A 98368 Phone: (360) 385-5454 - 4- PSA-Cronin-201O Professional Services General Scope of Work Michael R. Cronin January 2010 Upon written direction of the County to proceed, Michael R. Cronin, Forester shall provide services more fully described as follows: PROJECT MANAGEMENT Conduct, coordinate and schedule relevant project activities, maintain project records, provide financial, administrative and quality control, and prepare monthly progress reports as may be desired or required by the County. Project activities may include but are not limited to: a. Development of Scope. b. Identification of and coordination with project stakeholders and/or partners. c. Facilitation of design and design review. d. Project scheduling. e. Coordinate and review the work of sub-consultants. f. Provide project reports as requested and maintain adequate project records. PROJECT ADMINISTRATION Assist the County with and coordinate project administration. Administrative duties may include but are not limited to: a. Coordinate and identify project costs. b. Maintain project accounting and coordinate with County accounting. c. Maintain audit ready files. PERMIT COORDINATION AND ENVIRONMENTAL REVIEW Identify necessary permits and coordinate all permit activities. Permit activities may include but not be limited to: a. Identification of permits and relevant jurisdictions. b. Preparation and/or oversight of permit applications. c. Coordination of necessary sub-consultant activity. d. Coordination of required public notification and maintenance of documentation. e. Coordination with permitting/regulating agencies. f. Coordination to ensure that permit requirements are included in project plans, specifications and contract documents and that such requirements are adequately conveyed to contractor. g. Attendance at any required public meeting or hearing regarding project permits. - 1 - PSA-Cronin-20 1 0 BID AND AWARD SERVICES Perform project bid and award services as requested and in conjunction with County personnel and Project Engineer. Bid and award services may include but are not limited to: a. Prepare and submit project "advertisements" for bid and distribute bid documents to prospective bidders, suppliers, regulatory agencies and plan centers. b. Respond to bidder's questions during bid period. c. Schedule and conduct a pre-bid conference should it be required by the County. d. Prepare and distribute . addenda to the bid documents. e. Attend bid opening, review bids and prepare recommendation to County for Contract award. f. Issue notice of Contract award, prepare Contracts, receive required contractor bid documents and issue notice to proceed. FORESTRY CONTRACT ADMINISTRATION Perform construction contract administration duties in conjunction with County staff. Contract administration tasks may include but not be limited to: a. Coordinate and conduct a preconstruction conference to establish administrative procedures for the project. b. Conduct job meeting(s) with the contractor and the County and/or County's representatives. Prepare and distribute minutes of the pre-construction and biweekly meetings. c. Review and comment on the contractor's construction schedule. Monitor the contractor's progress in relation to the schedule. d. Issue reports to the County and Contractor on construction time consumed on the Project. Keep the parties advised on the time limit as it relates to the performance schedule. e. Review and/or prepare the contractor's monthly progress payment requests and prepare monthly progress estimates based on the amount of work completed and a judgment of the value of work completed during the pay period. f. Represent the County's interest in negotiation of change orders with the contractor. g. Prepare change orders for execution by the contractor subject to approval and authorization of the County. h. Prepare and maintain daily logs, weekly schedule reports, job site photos, quantity measurements, and correspondence. 1. Conduct project closeout. Obtain from the contractor bonds, warranties, 0 & M manuals and as-built drawings. Prepare certificate of completion of Public Work Project. - 2- PSA-Cronin-20 1 0 Professional Services FEE PROPOSAL Michael R. Cronin, Forester January 2010 Hourly Rate 1. Professional Services (Project Management, Project Coordination, Inspection, Timber Cruise, Contract Administration etc) $ 40.00 per hour 2. Administrative $ 40.00 per hour 3. Mileage (as per the current Jefferson County rate) 4. Expenses (per receipt and/or invoice) - 1 -