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Department of Public Works
o Consent Agenda
Page 1 of 2
Jefferson County
Board of Commissioners
Agenda Request
To:
Board of Commissioners
Philip Morley, County Administrator
From:
Frank Gifford, Public Works Director
Agenda Date:
June 21, 2010
Subject:
Professional Services Agreement, Nik Worden
Statement of Issue: Execute a Professional Services Agreement with Nik Worden -
Architect for project management, project administration, community outreach,
project scoping and design, permit coordination, bid and award services, construction
management, and grant development and writing.
Analysis/Strategic Goals/Pro's & Con's: The Consultant will supplement Public Works
staff on an as-needed basis. The Agreement provides flexibility to respond to
emerging or fluctuating needs. The Consultant was selected from the Professional
Services Roster based on a review of qualifications of available firms.
Fiscal Impact/Cost Benefit Analysis: The Agreement will be in effect until December
31, 2012. Maximum amount payable is $30,000; however, the County is under no
obligation to provide a minimum level of work.
Recommendation: Execute the three (3) contract originals and return two (2) to
Public Works.
Department Contact: Monte Reinders, P.E., County Engineer
Reviewed By:
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'philip Mprley';j:ounty Administrator
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Nik Worden, Architect, hereinafter referred to as "the
Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified.
1. Project Designation. Larry Scott Trail, Olympic Discovery Trail, and various other
County projects as needed.
2. Scope of Services. The Consultant is retained by the County to provide services
including, but not necessarily limited to the following:
Proiect management. proiect administration. community outreach. proiect scoping and
design. permit coordination. bid and award services. construction management. grant
development and writing.
Each item of work under this AGREEMENT will be provided by Task Order. Each
assignment will be individually negotiated with the Consultant. The amount established for
each Task Order 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. A Task Order shall become effective when signed by the Consultant
and the County Engineer.
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 31. 2012.
4. Payment. The Consultant shall be paid by the County for completed work and for
services rendered under this agreement as follows:
a. Consultant fee shall be $35.00 per hour. The rate shall be applicable for the first
12-month period of the contract and shall be subject to negotiation for the following
12-month period upon request of the Consultant.
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 $30.000.
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 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.
Nik Worden Agreement, 2010
Page 1 of 4
d. Payment as provided in this section shall be full compensation for work
performed, services rendered and for all materials, supplies, equipment and
incidentals necessary to complete the work.
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 corttemplated 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
offic-ers, agents and employees, from and against any and all claims, losses or liability, or
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 interest in connection with
the CONSULTANT'S performance of the contract.
Said 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.
Nik Worden Agreement, 2010
Page 2 of4
10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafide employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bonafide employee working solely for the Consultant,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this contract. For breach or
violation of this warranty, the County shall have the right to annul this contract without
liability or, in its discretion to deduct from the contract price or consideration, or
otherwise recover, the full amount of such fee, commission, percentage, brokerage fee,
gift, or contingent fee.
11. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this agreement, will not discriminate on the grounds of race, color, national origin,
religion, creed, age, sex or the presence of any physical or sensory handicap in the
selection and retention of employees or procurement of materials or supplies.
12. Assignment. The Consultant shall not sublet or assign any of the services covered by this
agreement without the express written consent of the County.
13. Non- Waiver. Waiver by the County of any provision of this agreement or any time
limitation provided for in this agreement shall not constitute a waiver of any other
. . .
prOVIsIon.
14. Termination. The County reserves the right to terminate this agreement at any time by
giving ten (10) days written notice to the Consultant.
15. Notices. Notices to the County of Jefferson shall be sent to the following address:
Jefferson County Public Works
623 Sheridan Ave..
Port Townsend, W A 98368
Phone: (360) 385-9160
Notices to Consultant shall be sent to the following address:
Nik Worden, Architect
440 Scott Street
Port Townsend, W A 98368
Phone: (360) 379-2671
nworden@olympus.net
UBI 602 286 201
Nik Worden Agreement, 2010
Page 3 of 4
1 . .
16. IntegratedAgreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
agreement may be amended only by written instrument signed by both County and
Consultant.
DA TED this
day of
,201
Consultant
1I1!ti~/~
County of Jefferson
Board of Commissioners
David W. Sullivan, Chair
Phil Johnson, Member
John Austin, Member
Approved as to Form Only:
dtjli-
Frank Gifft -
Public Wo ks Director
Nik Worden Agreement, 2010
Page 4 of 4
J "' Personal Policy Entry - Coverage Confirmation
Page 1 ofl
_'lnsu.rance1.-
Personal PoJicyEntry - Coverage Confirmation
foIl H2054027 Date 06-10-10
AUTO COVERAGE CONFIRMATION
This is not a contract of insurance but attests that a policy,
as identified below, has been issued and is in force.
FIRST NATIONAL INS. CO. OF AMERICA
Period covered 06-10-10 to
Agent HOMER SMITH INSURANCE
Agent phone 360 3B5 3711
Insured WILLIAMNIKOLAOS WORDEN
ELIZABETH A WORDEN
440 SCOTT ST
PORT TOWNSEND WA 98368-6923
Phone 360 379 2671
Veh# 1 2005 DODG VIN WDOPD644455807898
Liability
COMBINED S/L $500,000
BI & PD
PERSONAL INJURY BASIC
ADDITIONAL PIP E
Physical damage
COMPREHENSIVE $l,OOOG
COLLISION $1,000
UNSRD MTRST/PD $25,000
RDASST Y
UNSRD MTRST/BI $250,000/$500,000
Vehicle premium $ 266.00
Policy premium $ 476.60
Loss Payee
JEFFERSON COUNTY
623 SHERIDAN AVE
Authorized representative
https://safesite.safeco.comlseIHOIWEOOOIRL ?DAT A@FRAME:;::fa05t7DA&ASISEQ=3... 611 0/201 0
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 DirectorF L
To:
Agenda Date:
June 21, 2010
Subject:
Request for Proposals for Recycling Services
Statement of Issue:
Recycling Services for the County are currently provided for through an interim
contract. The Department of Public Works (Public Works) desires to issue a Request
for Proposals (RFP) for operations of its recycling programs. This includes the
operations and management of the County's material collection sites as well as the
operation of the Moderate Risk Waste Facility.
Analysis/Strategic Goals/Pro's & Con's:
A turnaround in commodities pricing for recyclables will likely yield contract
conditions more favorable to the County through a Request for Proposals rather than a
long-term contract extension under current terms and conditions.
Fiscal Impact/Cost Benefit Analysis:
Costs associated with an RFP process are budgeted for in the approved 2010 budget.
Recommendation:
Authorize Public Works to issue a Request for Proposals for Recycling and Moderate
Risk Waste Facility Operations Services.
Department Contact: Al Cairns, Solid Waste Coordinator
acairns@co.jefferson.wa.us, X243
Reviewed By:
Philip Morley, County Administrator
Date