HomeMy WebLinkAbout062110_ca03`tis „ f Consent Agenda
_~ ~, _ -JEFFERSON COUNTY PUBLIC HEALTH
~~ b,.r... -- 615 Sheridan Street • Port Townsend • Washington • 98368
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www. jeffersoncountypublichealth.org
June 15, 2010
JEFFERSON COUNTY
BOARD OF C~UNTY COMMISSIONERS
AG~NDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Jean Baldwin, ,Director
Tami Pokorny,% Environmental Health Specialist
DATE: June 21, 200
SUBJECT: Consent Agenda Item -Personal Services Agreement-Aspect
Consulting, LLC to conduct Phase I Environmental Site Assessments for
Dosewallips Floodplain Acquisition II and Mid Hood Canal projects;
upon Signature -September 30, 2010; $8,963
STATEMENT OF ISSUE:
Jefferson County Public Health, Water Quality Division, is requesting Board approval of a personal services
agreement -Aspect Consulting, LLC; upon Signature -September 30, 2010; $8,963
Water Quality Division requests Board approval of a personal services agreement with Aspect Consulting,
LLC to evaluate and develop a report on two properties near Brinnon, WA by Phase I Environmental Site
Assessments (FBAs). The evaluations are in connection with salmon recovery projects in the Dosewallips
and Duckabush watersheds. Aspect Consulting, LLC was selected from proposals received through the
Small Works Roster.
This contract is funded by two SRFB grants (f~CO #01-1911A and #06-2288A). Costs will be tracked by
.~ parcel and allocated to the corresponding graht. Matching funds have been provided through the value of
parcels previously acquired on the Dosewallip'~ floodplain.
DEOVELOPMENTAL D SABILITIES Pt~BLIC HEALTH ENVIRONwATER QUALITY
MAIN: (360) 385-9400 AiWItYS WORKIiiG FOR A SAFER APID MAIN: (360) 385-9444
FAX: (360) 385-9401 HE~ILTHIER COMMUNITY FAX: (360) 379-4487
Consent Agenda
RECOMMENDATION:
JCPH management requests approval of the
Signature -September 30, 2010; $S , ~ ~3
REVIEWED BY:
Philip Morley, County ' ' trator
I services agreement -Aspect Consulting, LLC; upon
6~~9 /~o
Date
(Routed to all Public Health Managers)
PERSONAL SERVICES AGREEMENT
Between
Aspect Consulting, LLC
And
.~efferson County
THIS AGREEMENT is entered into between the County of Jefferson a municipal corporation,
hereinafter referred to as "the County",~nd Aspect Consulting, LLC, hereinafter referred to as
"the Contractor", in consideration of th mutual benefits, terms, and conditions hereinafter
specified.
1. Project Designation. The Contractor is retained by the County to evaluate and develop a
report on certain properties near',Brinnon, WA by Phase I Environmental Site
Assessments (ESAs) in conformance to the Federal Standards and Practices for All
Appropriate Inquiries (40 CFR I?art 312) and following the methodology described in
ASTM Standard Practice E-152'-O5. The evaluations are in connection with salmon
recovery projects in the Dosewa~lips and Duckabush watersheds.
2. Scope of Services. Contractor a~'grees to perform the services, identified on Exhibit "A"
attached hereto, including the prevision of all labor, materials, equipment, and supplies.
Work shall be performed only byl experienced environmental professionals with sufficient
training and ability to conduct site reconnaissance and the ability to identify Recognized
Environmental Conditions (RECs).
3. Time for Performance. This Agreement shall commence upon Contractor's receipt of a
Notice to Proceed and continued through September 30, 2010 unless terminated as
provided herein.. The agreemen{ may be extended beyond September 30, 2010 upon
mutual written consent of the Ceunty and the Contractor.
4. Pa.~ment. The Contractor shall ~e paid by the County for completed work and for
services rendered under this agreement as follows:
Contractor shall submit Invoices to the County upon completion of the Services, or if
Services extend beyond 30 days, on a monthly basis for the preceding months work. The
total amount of payment to Contractor shall not exceed $8,963.00 without express written
modification of the agreement s' gned by the County. The Contractor shall perform all the
work listed and any other suppl mental or additional work mutually approved in writing
by the parties.
a. Funds for this work are being provided by the Dosewallips Floodplain Acquisition
II project (SRFB #06-22~8A) and the Mid Hood Canal Acquisition project (SRFB
#07-1911A). In the evenX that expected or actual funding from any funding source
is withdrawn, reduced, o~ limited in any way after the effective date of this
agreement, this contract Ynay be renegotiated or terminated as provided herein.
b. Final payment of any balance due the Contractor of the total contract price earned
will be made upon ascertainment by the County that the Contractor's work done
pursuant to this Agreement is both complete and acceptable to the County but in
no event later than within 30 days of the date of Contractor's sole or final invoice.
c. Payment as provided in this section shall be full compensation for work
performed, services rendjered and for all materials, supplies, equipment and
incidentals necessary to ~omplete the work.
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 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.
6. Compliance with laws. The Contractor shall comply with all federal, state, and local laws
and ordinances applicable to thy', work to be done under this Agreement. This Agreement
shall be interpreted and constru~d in accord with the laws of the State of Washington and
venue for any litigation arising from this contract shall be in the Superior Court of
Jefferson County, WA.
7. Indemnification. The Contractor shall indemnify and hold the County, and its officers,
employees, and agents harmless from and shall process and defend at its own expense,
including all costs, attorney fe s and expenses relating thereto, all claims, demands, or
suits at law or equity arising in whole or in part, directly or indirectly, from the
Contractor's negligence or breach of any of its obligations under this Agreement;
provided that nothing herein sl~~all require a Contractor to indemnify the County against
and hold harmless the County' from claims, demands or suits based solely upon the
conduct of the County, its officers, employees and agents, and; provided further that if the
claims or suits are caused by or result from the concurrent negligence of: (a) the
Contractor's agents or employees; and, (b) the County, its officers, employees and agents,
this indemnity provision with 'respect to claims or suits based upon such negligence,
and/or the costs to the County of defending such claims and suits, etc., shall be valid and
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enforceable only to the extent of the Contractor's negligence, or the negligence of the
Contractor's agents or employee.
Claims against the County shall include, but not be limited to assertions that the use and
transfer of any software, book, document, report, film, tape, or sound reproduction of
material of any kind, delivered ~ ereunder, constitutes an infringement of any copyright,
patent, trademark, trade name, or otherwise results in an unfair trade practice or an
unlawful restraint of comnetitio .
The Contractor specifically assumes potential liability for actions brought against the
County by Contractor's employees, including all other persons engaged in the
performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Contractor recognizes that this vVaiver was specifically entered into pursuant to provisions
of R.C.W. 4.25.115 and was subject of mutual negotiation.
8. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense the following insurance' from companies licensed in the State with a Best's rating
of no less than A:VII. The Contractor shall provide to the Jefferson County Public Health,
c/o Contracts Administrator, 61 S Sheridan St., Port Townsend, WA 98368 certificates of
insurance with original endorsements affecting insurance required by this clause prior to
the commencement of work to be performed.
a. Workers Compensation end Employers Liability Insurance. The Contractor shall
procure and maintain for the life of the contract, Workers Compensation
Insurance, including Emlployers Liability Coverage, in accordance with the laws
of the State of Washington.
b. General Liability (1) - with a minimum limit per occurrence of one million dollars
($1,000,000) and an aggregate of not less than two million dollars ($2,000,000)
for bodily injury, death'... and property damage unless otherwise specified in the
contract specifications. This insurance coverage shall indicate on the certificate of
insurance the following coverage:
1. Broad Form Property',Damage with no employee exclusion;
2. Personal Injury Liability, including extended bodily injury;
3. Broad Form Contractual/Commercial Liability including completed operations
(Contractors only); ',
4. Premises - Operations Liability (M&C); and
5. Blanket Contractual la',iability.
(1)Note: The Co~inty shall be named as an additional insured party under
this policy.
Such insurance coverage's shall be evidenced by one of the following methods:
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ICI
* Certificate of Insurance
* Self-insurance through an irrevocable Letter of Credit from a
qualified financial institution.
c. Automobile (2) -with al, minimum limit per occurrence of $1,000,000 for bodily
injury, death and property damage unless otherwise specified in the contract
specifications. This insurance shall indicate on the certificate of insurance the
following coverage:
1. Owned automobiles;
2. Hired automobiles; and,
3. Non-owned automobiles.
(2) Note: The County shall be named as an additional insured party under
this policy.
The insurance policies required shall provide that thirty (30) days prior to cancellation,
suspension, reduction or materiel change in the policy, notice of same shall be given to
the County by registered mail, return receipt requested, for all of the above-stated
insurance policies.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expanses.
If any of the insurance requirements are not complied with at the renewal date of the
insurance policy, payments to the Contractor shall be withheld until all such requirements
have been met, or at the option',of the County, the County may pay the renewal premium
and withhold such payments from the moneys due the Contractor.
All notices shall name the Contractor and identify the agreement by contract number or
some other form of identification necessary to inform the County of the particular
contract affected.
The Contractor shall furnis)j~ separate certificates and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all of the
requirements stated herein, i.e.,' if the Contractor uses Subcontractors to perform any or
all of its obligations under this, Agreement, then the Contractor shall require the same
insurance limits and the same goof of insurance of any of its Subcontractors that the
County is requiring of the Contractor.
Failure of the Contractor to take out and/or maintain any required insurance shall not
relieve the Contractor from an' liability under the Agreement, nor shall the insurance
requirements be construed to c nflict with or otherwise limit the obligations concerning
indemnification.
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It is agreed by the parties that insurers shall have no right of recovery or subrogation
against the County (including i#s employees and other agents and agencies), it being the
intention of the parties that the insurance policies so affected shall protect both parties
and be primary coverage for an~ and all losses covered by the above described insurance.
It is further agreed by the parties that insurance companies issuing the policy or policies
shall have no recourse against the County (including its employees and other agents and
agencies) for payment of any premiums or for assessments under any form of policy. It is
further agreed by the parties that any and all deductibles in the above described insurance
policies shall be assumed by and be at the sole risk of the Contractor.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured amounts provided herein, or any portion thereof, may be withheld from payment
due, or to become due, to the Contractor until such time as the Contractor shall furnish
additional security covering such judgment as may be determined by the County.
9. 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.
Nothing in this agreement shall be considered to create the relationship of employer and
employee between the parties hereto. 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. IThe 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 Contractor, or any employee of Contractor.
Except as provided in Exhibit u'~", the Contractor shall not sublet or assign any of the
services covered by this contract without the express written consent of the County or its
authorized representative. Assi~mnent does not include printing or other customary
reimbursable expenses that may' be provided in an agreement.
10. Discrimination Prohibited. ThelContractor, 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.
I
11. Termination.
a. The County reserves the'right to terminate this agreement at any time by giving
ten (10) days written not}ce 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.
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. This agreement may be
amended only by written instrument signed by both County and Contractor.
DATED this
day of
20
By
David Sullivan, Chair
Jefferson Board of County Commissioners
By C;~t~---
tra r
John Strunk, Sr. Associate
Aspect Consulting, LLC
179 Madrone Lane North
Bainbridge Island, Washington 98110
Attest/Authenticated: 'i
Erin Lundgren
Deputy/Clerk of the Board ',
_ .'~3~0'. °~~ ~1S t0 (42'171 Ol~a~'.
_ ~ ,„on Co. Prosecutor's . '~~~~~,:
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Exhibit A
'! Scope of Work
Project Tasks:
Task 1: Phase I Site Assessments and Report
Subtask 1.1: Site Assessments
For the following properties:
Dosewallips Watershed I~
• Coone Property south of the Dosewallips River -Jefferson County APN 602344015
• Crowell Property -Jefferson County APN 602341005
Contractor will prepare a combined Phase I ESA report for each property to make use of existing
hydrogeologic studies and site assessment as well as new information gathered from site visits,
interviews, databases, assessor files, photographs, maps and other sources. Contractor will
purchase an EDR report to serve as the basis for identifying nearby site issues and regulatory file
database issues including the following subtasks:
a) Conduct a site visit to observe e~isting site conditions, structures and utilities, and to
observe activities at neighboring properties;
b) Interview current owners and other persons known to have knowledge of the property and
property history to glean additional information about former site uses, based on contact
information provided by the County;
c) Contact government agencies such as Jefferson County and Town of Brinnon and review
tax assessor files;
d) Contract for an Environmental Data Resources (EDR) report to serve as a basis for
identifying nearby site issues and regulatory file database issues;
e) Review reasonably ascertainable and standard environmental record sources in an effort
to identify recognized environmental conditions (RECs) in connection with the subject
properties;
fj Conduct a review and assess site history by utilizing a combination of historical aerial
photographs, historical USGS topographic maps, historical Sanborn fire insurance maps
(if available) and historical directory listings (if available);
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g) Contact the Department of Ecology (Ecology) Southwest Regional Office to inquire about
any information in their records regarding each property and the adjacent parcels. Review
publicly available regulatory reports filed with Ecology concerning issues with each
property or pertinent properties identified in the EDR report; and
h) Review other reasonably obtainable public records (i.e., Puget Sound Archives, local fire
department records, historical societies) to fill site history data gaps.
Subtask 1.2: Phase I ESA Report
Contractor will prepare a report summarizing the results of data research, site observations,
interviews, and file review. The report will include an evaluation regarding the potential for
on-site and off-site RECs to impact each property. Based on the findings of the Phase I ESA,
Contractor will provide a recommendation if follow-up Phase II ESA environmental sampling is
warranted. The report will be provided in draft. form for review and comment by Jefferson
County and the Contractor will provide ~ final version in both hard copy (2 copies) and
electronically in PDF format. The report will summarize findings and conditions at
all three properties and will be consolidated into a single report. The Contractor will also
complete the Property Assessment Checklist for Hazardous Substances Certification required by
the SRFB. ''
Cost: Not to exceed $5,963.00
Task 2: Chain of Title (Optional Task)
If, based on the results of Task 1, the County requests that Contractor conduct a title review for
each property, Contractor will subcontract with First American Title of Jefferson County located
in Port Townsend to perform research far a 50-year Chain of Title. A Chain of Title report will
be issued as a Recorded Document Guarantee. Cost will be on a per hour basis.
Cost: Not to exceed $ 1800.00
Task 3: Building Inspection (Optional Task)
Subject properties containing building structures will be considered for building inspections for
asbestos containing materials (AGMs), lead, mold and/or materials of concern. If requested by
the County, Contractor will subcontract with Northwest Asbestos Consultants (NAG), an EPA
certified (EPA Certification # WAMOA0042) inspection contractor. Cost will be based upon the
number of sites and samples.
Cost: Not to exceed $ 1200.00
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