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HomeMy WebLinkAboutCONSENT Center Road fish barrier removalDepartment of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Josh Peters, County Administrator From: Monte Reinders, P.E., Public Works Director/County Engineer Agenda Date: November 24, 2025 Subject: Professional Services Agreement with Aqua Terra Cultural Resource Consultants for Center Road MP 3.23 Culvert Replacement, County Project No. 18020990 Statement of Issue: Professional Services Agreement with Aqua Terra Cultural Resource Consultants of Olympia, Washington for cultural resources services for Center Road MP 3.23 Culvert Replacement. Analysis/Strategic Goals/Pro's a Con's: Center Road MP 3.23 Culvert Replacement is a transportation improvement project included in the officially adopted 2026-2031 Transportation Improvement Program (TIP) as Item No. 21. The project will replace the fish barrier culverts at this location with a new fish-passable structure. Jefferson County secured funding from the Fish Barrier Removal Board (FBRB) and the National Fish Passage Program for project design in 2024, hired a consultant in 2025, and the design and permitting process has been started. Public Works needs to hire a cultural resources consultant to perform a cultural resources survey, and to provide on-site monitoring during the planned geotechnical investigation. Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is 15,358.00. This will be funded at 100% by the FBRB and NFPP grants. Recommendation: Public Works recommends that the Board execute the two (2) attached originals of the Professional Services Agreement with Aqua Terra Cultural Resource Consultants, and return one (1) original to Public Works for further processing. Department Contact: Mark Thurston, P.E., Project Manager, 385-9160. Reviewed By: Josh Peters, County Administrator Date 11/19/2025 CONTRACT REVIEW FORM Clear Form INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: Aqua Terra Cultural Resource Consultants Contract No: P a4:15" 6 r Contract For: Center Road MP 3.23 Culvert Replacement Term: COUNTY DEPARTMENT: Public Works Contact Person: Mark Thurston,Chris Spall Contact Phone: Ext.210,Ext.208 Contact email: mthurston@co.jeferson.wa.us,cspall@co.jefferson.wa us AMOUNT: $15,358.0o PROCESS: Exempt from Bid Process Revenue: 180000010.33402.73,18000010.33115.06 Cooperative Purchase Expenditure: 1so.000.olo.595oo.41 Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds RCO-FBRB,NFPP Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other:Consultant Selection APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. CERTIFIED: E N/A:n 0-3 0- z, Signature Date STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL AGENCY. CERTIFIED: El N/A: p -3 0 - ignature Date STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche): Electronically approved by Risk Management on 11/5/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 11/4/2025. Pre-approved template. No PAO signature required. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 PROFESSIONAL SERVICES AGREEMENT FOR Cultural Resource Services for Center Road MP 3.23 Fish Barrier Removal Culvert Replacement) THIS PROFESIONAL SERVICES AGREEMENT("this Agreement")is entered into between the County of Jefferson, a municipal corporation("the County"), and Aqua Terra Cultural Resource Consultants the Consultant"), in consideration of the mutual benefits, terms, and conditions specified below. 1.Project Designation. The Consultant is retained by the County to perform Cultural Resources Survey and on-site cultural resources monitoring during the geotechnical investigation. 2.Scope of Services. Consultant agrees to perform the services identified on Exhibit"A" attached hereto including the provision of all labor. 3.Time for Performance. Work under this Agreement shall commence upon the giving of written notice by the County to the Consultant to proceed. The Consultant shall perform all services and provide all work products required pursuant to this Agreement on the dates listed on Exhibit"A". Time is of the essence in the performance of this Agreement. 4.Payment. The Consultant 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 Consultant shall be made as provided on Exhibit`B" attached hereto,provided that the total amount of payment to Consultant shall not exceed$15,358.00 without express written modification of the Agreement signed by the County. b.The Consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date. Such vouchers will be checked by the County, and upon approval thereof,payment will be made to the Consultant in the amount approved. Payment of Consultant invoices shall be within 30 days of receipt by the County for any services not in dispute based on the terms of this Agreement. c.Final payment of any balance due the Consultant of the total contract price earned 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. 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. e.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. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page I of 10 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. Consultant 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. 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. The Consultant 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 fees, arising out of or resulting from the acts, errors or omissions of the Consultant 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 Consultant and the County, its officers, officials, employees, agents and volunteers (and their marital communities)the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant'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. 8.Insurance. Prior to commencing work, the Consultant 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. 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 this Agreement. This insurance shall indicate on the certificate of insurance the following coverage: (a) Owned automobiles; (b)Hired automobiles; and, (3)Non-owned automobiles. 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. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 2 of 10 The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a.Broad Form Property Damage, with no employee exclusion; b.Personal Injury Liability, including extended bodily injury; c.Broad Form Contractual/Commercial Liability—including coverage for products and completed operations; d.Premises—Operations Liability(M&C); e.Independent Contractors and subcontractors; f.Blanket Contractual Liability. Professional Liability Insurance. The Consultant 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 period coverage (tail coverage) shall be purchased for three (3)years after the end of this Agreement, at the Consultant's sole expense. The Consultant agrees the Consultant'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. 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. 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. The Consultant 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 Risk Management, P.O. Box 1220, 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 Consultant 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 Consultant 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. Failure of the Consultant to take out or maintain any required insurance shall not relieve the Consultant from any liability under the Agreement,nor shall the insurance Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 3 of 10 requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. The Consultant'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. 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. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. 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 retention, or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Insurance companies issuing the Consultant's insurance 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 insurance policy. 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 Consultant until the Consultant shall furnish additional security covering such judgment as may be determined by the County. 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 Consultant must provide in order to comply with this Agreement. The County may,upon the Consultant's failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. The Consultant'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. 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. The Consultant'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. Professional Services Agreement,Contract B, Version 3, Risk Legal Review 6/17/2020 Page 4 of 10 The Consultant shall include all subconsultants as insured under its insurance policies or shall furnish separate certificates and endorsements for each subconsultant. All insurance provisions for subconsultants shall be subject to all the requirements stated herein. 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. The Consultant 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 County Risk Manager by registered mail,return receipt requested. The Consultant 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. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 9. Worker's Compensation(Industrial Insurance). If and only if the Consultant 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 Consultant, the Consultant 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 Risk Management,upon request. 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. This coverage shall extend to any subconsultant that does not have their own worker's compensation and employer's liability insurance. The Consultant 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. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Consultant. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 5 of 10 10. 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. The Consultant specifically has the right to direct and control Consultant's own activities, and the activities of its subconsultants, 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 Consultant nor any employee of Consultant 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 assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 11. Subcontracting Requirements. The Consultant 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 subconsultant to perform is no defense to a breach of this Agreement. The Consultant assumes responsibility for and all liability for the actions and quality of services performed by any subconsultant. Every subconsultant must agree in writing to follow every term of this Agreement. The Consultant must provide every subconsultant's written agreement to follow every term of this Agreement before the subconsultant can perform any services under this Agreement. The County Engineer or their designee must approve any proposed subconsultant in writing. Any dispute arising between the Consultant and any subconsultant or between subconsultant must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Consultant's performance required by this Agreement. 12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, 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 Consultant, 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. 13. 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, Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 6 of 10 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. 14. No Assignment. The Consultant 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. 15. 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. 16. 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. 17. 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: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Aqua Terra Cultural Resource Consultants 8525 Stoney Creek Lane SW Olympia, WA 98512 18. Integrated Agreement. 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. 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 the County within the scope of this Agreement. The Consultant ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 7 of 10 material submitted by the Consultant, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 19. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Consultant. 20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the terms of this Agreement shall be submitted in writing within 10 days to the Director of Public Works or County Engineer, 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 Consultant hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 21. Section Headings. The headings of the sections of this Agreement are for convenience of reference only and are not intended to restrict, affect, or be of any weight in the interpretation or construction of the provisions of the sections or this Agreement. 23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by either party,whether express or implied, shall constitute a consent to,waiver of, or excuse of any other, different, or subsequent breach by either party. 24. No Oral Waiver. No term or provision of this Agreement will be considered waived by either party, and no breach excused by either party,unless such waiver or consent is in writing signed on behalf of the party against whom the waiver is asserted. Failure of a party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. 25. Severability. Provided it does not result in a material change in the terms of this Agreement, if any provision of this Agreement or the application of this Agreement to any person or circumstance shall be invalid, illegal, or unenforceable to any extent,the remainder of this Agreement and the application this Agreement shall not be affected and shall be enforceable to the fullest extent permitted by law. 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties' successors in interest,heirs, and assigns. 27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 8 of 10 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 Consultant 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 Consultant further agrees that upon receipt of any written public record request, Consultant shall,within two business days,notify the County by providing a copy of the request per the notice provisions of this Agreement. Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 9 of 10 DATED this day of 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS Aqua Terra Cultural Resource Consultants Name of Consultant Heather Dudley-Nollette, District 1 Sarah Amell Consultant Representative (Please print) Heidi Eisenhour, District 2 C__%wt4b44) Signature) Greg Brotherton, District 3 Principal Title 11/18/2025 Date Approved as to form only: PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Monte Reinders,P.E. Date Public Works Director/County Engineer Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17t2020 Page 10 of 10 SCOPE OF WORK CULTURAL RESOURCE SERVICES FOR THE CENTER ROAD MP 3.23 FISH BARRIER REMOVAL PROJECT JEFFERSON COUNTY, WASHINGTON DATE October 27,2025 CLIENT Jefferson County Public Works Mark Thurston,Project Manager/Engineer mthurston@co.jefferson.wa.us 360-385-9210 PROJECT AREA The project area is located at Center Road MP 3.23(3.23 miles south of Center Road/SR19 Intersection,47.965803,-122.778458)on County Road Right-of-Way, within Township 29N,Section 35,Range 1W.The project area totals roughly 2 acres.Adjacent parcels include 901352004 and 901352008. LANDOWNER County ROW PROJECT This project is for the removal of the fish barrier culverts located at Center Road, DESCRIPTION MP 3.23 (Chimacum Creek),and their replacement with a new fish-passable structure. During the project's design phase,the only subsurface impacts will be associated with the geotechnical investigation. For the geotechnical investigation,one or two boreholes will be drilled through the roadway to depths of up to 50 ft below ground surface. There may also be some shovel probes at various locations adjacent to the roadway. During the construction phase of the project,the roadway and adjacent stream channel will be excavated to construct a traffic bypass,remove the existing culverts, and install the new structure. FUNDING SOURCE Fish Barrier Removal Board(via RCO),USFWS National Fish Passage Prog. REGULATORY RCO—Section 106 REGULATORY LEAD RCO AGENCY CONSULTING PARTIES Washington Recreation and Conservation Office,U.S.Fish&Wildlife Service; Jamestown S'Klallam Tribe,Port Gamble S'Klallam Tribe,Lower Elwha Tribe, Skokomish Tribe(client indicated and WISAARD) LOCAL AGENCY N AGREEMENT(LAG) PROJECT AGENCY PROJECT RCO PRISM No.21-1413P NUMBER DAHP PROBABILITY High to Very High AREA OF POTENTIAL ATCRC will coordinate with Jefferson County to develop APE memorandum. EFFECTS(APE) BUILT Two corrugated metal pipe culverts and the roadway above them will be removed to ENVIRONMENT? make way for the new bridge or culvert. BACKGROUND INFORMATION: Background research indicates that no archaeological sites, registered structures, burials or cemeteries, recorded historic structures, or previously conducted cultural resource assessments within the Project Area. Within a one- mile radius of the Project Area, there are 2 archaeological sites, 2 registered structures, 0 burials or cemeteries, 3 recorded historic structures, and 1 previously conducted cultural resource assessment. Adjacent parcels include .4 352004,owned by Wayne R&Brenda M Priest,and ' •1352008,owned by Olympic Land and Farm LLC. A -arch of the County assessor's records for these adjac- 'parcels reveals no structure within the proposed Project Area meeting the 50-year age threshold for assessment. The culvert is not on the WSDOT bridge and tunnel inventory (https://geo.wa.gov/datasets/WSDOT::wsdot-all-bridge-and-tunnel- inventory-state-local/explore?location=47.965885%2C-122.778327%2C 17.22). The soils in the project area are generally comprised of Alderwood gravelly sandy loam, 0 to 15 percent slopes. Task 1-1. Background Review and APE Memorandum. ATCRC will conduct background review for information held at appropriate repositories,such as the Washington State Department of Archaeology and Historic Preservation (DAHP)'s Washington Information System for Architectural and Archaeological Records Data (WISAARD) database, tribal cultural resource departments, university and city libraries, history museums, public records, private manuscript collections, online sources, and/or informants. The research objective is to thoroughly understand the environmental and cultural contexts, land use patterns, and the probability of cultural resources being present in the project area. ATCRC will also develop an APE Memorandum, in coordination with Jefferson County. Assumptions: All project information will be provided to ATCRC before the commencement of our assessment to avoid delays. The client will provide ATCRC with any relevant correspondence regarding the project between involved agencies and tribes. The client will provide ATCRC with a detailed written description of the project area (e.g., plan sheets, maps, descriptive information detailing the extent/depth of grading, .excavation, or other ground disturbance; environmental studies; geotechnical bore logs; photographs; etc.). For Section 106-regulated projects, an Area of Potential Effects (APE) is required. APEs are generally defined by the lead federal agency,not ATCRC,unless approved beforehand. As approved, ATCRC will coordinate with Jefferson County to develop an APE Memorandum that can then be submitted to the lead federal agency. If the project area and/or scope are changed, a contract amendment may be required. Task 1-2. Field Investigation ATCRC will conduct a field investigation using the standards documented in the DAHP's Washington State Standards for Cultural Resources Reporting (updated August 2025). At a minimum, field investigation generally includes pedestrian surveys and subsurface testing to inspect for evidence of cultural resources. Suppose a cultural resource (e.g., a resource aged at least 50 years) is identified in the project area. In that case, it must be fully documented on a Washington State Archaeological Site Form or a Historic Property Inventory (HPI) Form as required by the DAHP. Inventory typically involves preparing a written description of the resource and its surroundings, taking photographs, creating sketch maps, and recording GPS coordinates. Any identified cultural resource will be returned to the location where it was identified, unless otherwise negotiated under another agreement. Assumptions: The client will provide contact information or documented permission from property owners to access the survey area. The client will have all utilities on-site identified before initiating any fieldwork activity. Before conducting field investigations, a technical notification of the schedule and a request for information related to the project area will be sent to the tribes affiliated with the project area's location. This technical notification does not replace any formal consultation required by the project. A full pedestrian survey of the project area will be completed. The pedestrian survey typically involves walking transects in accessible areas of the project site to inspect for evidence of cultural resources. Up to 20(twenty)shovel probes will be excavated to a maximum depth of 1 meter at 20 m intervals within the project's direct impact areas. Shovel probes may be augmented by using a hand auger if warranted. All probes will be backfilled following the recording. Excavation will terminate upon the presence of glacial deposits or standing water. This SOW assumes no cultural resources will be encountered in the project area. If cultural resources are identified, a separate cost estimate or amendment will be prepared for the client. If the project's horizontal/vertical limits are changed at any time,a contract amendment may be warranted. ATCRC is not liable for any damage to utilities, irrigation systems, or landscaping that may result from the survey activities. Suppose the project area lies within an active homeless camp and/or contains biohazard waste. In that case, the client will have law enforcement vacate the property before the field survey activities and/or provide services of a third-party biowaste management company, as applicable. The survey will be rescheduled until the project area is confirmed safe for ATCRC staff to access, and remobilization will require a contract amendment. Task 1-3. Draft/Final Cultural Resource Assessment Report ATCRC will prepare a cultural resource assessment report that adheres to the standards outlined in the DAHP's Washington State Standards for Cultural Resources Reporting (updated August 2025). The report will include relevant project information, maps, and provide a discussion on environmental and cultural contexts, land-use patterns, and previously conducted cultural resources studies and findings within a one-mile radius of the project area. The one-mile radius may be adjusted depending on the project's scope, at the discretion of ATCRC. The report will also include the methods used to survey the project area, the findings, and an assessment of the likelihood that the project will impact potential cultural resources. If necessary, based on the project's regulatory needs, the report will also include a National Register evaluation of any identified cultural resources. ATCRC will submit the report to the client for review and allow for one round of comments. The final report will be suitable for submission to DAHP, the lead agency, and affected tribes. Assumptions: This task assumes that one client review round of comments will be incorporated into the final report. Suppose additional review rounds are warranted due to various agency inputs. In that case, a contract amendment will address the labor hours associated with multiple revisions and the internal quality assurance/quality control (QA/QC)process. The final report deliverable will be provided in electronic PDF format. If hard copies are requested, the direct expense and labor associated with report binding and printing production will be covered under the contract amendment. Task 2. Cultural Resource Monitoring Cultural resource monitoring consists of an archaeologist inspecting excavated and/or disturbed soils for evidence of buried cultural resources during project construction. Cultural resources monitoring will be completed by ATCRC using standard, industry-accepted methods appropriate to the project area and landform. The monitor will complete daily monitoring logs,recording any pertinent soil observations and findings. The monitor will also take daily photographs of the overall activities and any findings. The monitor will determine if the sediments exposed have any potential for intact and/or significant cultural resource concerns. If warranted, based on the initial monitoring results,monitoring may be provided on an as-needed basis for the project's duration. Assumptions: Before conducting field investigations, a technical notification of the schedule and a request for information related to the project area will be sent to the tribes affiliated with the project area's location. This technical notification does not replace any formal consultation required by the project. No new cultural resources will be identified during the monitoring activity. Cost estimate does not include hours for recording any archaeological/historic resource site. Suppose an archaeological/historic resource is encountered during monitoring. In that case, the evaluation, documentation, and curation agreements for said resource will be negotiated under a separate agreement or amendment to the existing contract. The cost estimate attached is an estimate. If additional hours are required for cultural resource monitoring due to unforeseen construction circumstances that may alter the excavation pace, this will be amended as necessary. ATCRC will regularly communicate with the project manager to update the remaining percentage of monitoring hours under the contract. The cost estimate attached allows for two (2) days of monitoring. On-call monitoring services are billed at a 4-hour minimum to accommodate staffing coverage and coordination. Task 3. Project Management ATCRC will coordinate with the client to receive project materials, prepare invoices, and transmit correspondence. ATCRC will maintain project files that include necessary supporting materials. The Project Manager (PM) will monitor task performance, schedule, budget, and approve project expenses. The PM will ensure systems are in place for quality assurance and quality control on deliverables and correspondence. Assumptions: The PM will be available for regular phone calls and emails with the client to facilitate the completion of the assignment, as necessary. ATCRC will provide the client with an invoice using the Harvest timekeeping software. Suppose the client requests invoicing uploads to a specialized database system or special invoicing formats for payment submittals. In that case, the increase in project management labor hours will be addressed under contract amendment. DELIVERABLES Deliverables will be submitted to the client in electronic PDF format via email for review and comment. ATCRC will incorporate one round of comments from the client and revise the report and associated forms, as necessary, before submitting the final version to the client. ATCRC will email the final deliverables to the client in electronic PDF format. ATCRC will email a final report deliverable PDF to the client and upload the final report as a draft in the DAHP WISAARD database. If requested/approved, ATCRC will submit the final report and associated forms to the DAHP WISAARD database. SCHEDULE ATCRC will initiate scheduling internal project work when notice-to-proceed (NTP) confirmation and a signed contract agreement are received via email from the client. The fieldwork schedule will be determined based on the calendar availability of ATCRC staff, considering the existing client workload. The final deliverables will be submitted to the client within seven(7)business days after receipt of comments on the draft. The project schedule may be modified to meet the client's permitting requirements upon completion of an advanced written agreement. COST ESTIMATE See Attached. APPENDIX A: COST ESTIMATE The pricing in this document and any associated agreements are confidential between the parties and shall not be disclosed to anybody else. Any disclosure in violation shall be deemed a breach of the Agreement. Consulting Staff Labor Direct Total Project Project CR Task Manager Senior Arch Arch CR Specialist Technician Total Expenses Price Task 1-2.Background Review and APE Memorandum 4 12 8 2,680 Task 1-2. Field Investigation 10 10 1,900 Task 1-3. Reporting 8 20 12 4 5,000 Task 2.CR Monitoring 10 10 1,900 Task 3. Project Management 20 LL 3,500 Total hours 20 12 32 4 32 128 Aqua Terra CRC billing rates 175 130 120 100 90 Subtotals 3,500 $1,560 $3,840 $3,200 $2,880 $14,980 Direct Expenses 523.05 Travel,Auto 180 miles p/day(.70 p/mile) #of days 3.00 378.00 Direct expense subtotal 378.00 $14,980.00 Grand Total 15,358.00