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HomeMy WebLinkAbout011215_ca05To: From: Agenda Date: Subject: Jefferson County Board of Commissioners Agenda Request Board of Commissioners Philip Morley, County Administrator Monte Reinders, Public Works Director January 12, 2015 Surveyor Contract for Quilcene Complete Streets Project Department of Public Works O Consent Agenda Page 1 of 1 County Engineer 4,, Statement of Issue: Professional Services Agreement with Van Aller Surveying of Carlsborg, WA, for providing surveying services for the Quilcene Complete Streets Project. Analysis /Strategic Goals /Pro's It Con's: This project is included in the officially adopted 2015 -2020 Transportation Improvement Program as Item No. 14 as well as in the 2015 Annual Construction Program as Item No. 12. This project is funded through a WSDOT Pedestrian It Bicycle program whose objective is to improve the transportation system so as to enhance safety and mobility for people who choose to walk or bike. This agreement will provide surveying services by Van Alter Surveying, for the Preliminary Engineering phase. The required surveying services for this project consist of: topographic mapping and existing feature locating, and US Hwy 101 /County Road right -of- way /centerline mapping. The topographic and right -of -way mapping will be used throughout the design of this project. Fiscal Impact/Cost Benefit Analysis: This Standard Consultant Agreement, for surveying services, is for $16,921.50 This project is funded by an $884,165 WSDOT Pedestrian Et Bicycle Program grant. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Agreement with Van Alter Surveying, and return (2) signed originals to Public Works (attn. Eric Kuzma). Department Contact: Eric Kuzma, Project Manager, (360) 385 -9167 Reviewed By: Philip s rator Date PROFESSIONAL SERVICES AGREEMENT FOR SURVEYING SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Van Aller Surveying, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Desi agn tion. The Consultant is retained by the County to provide surveying services for Jefferson County's Quilcene Complete Streets Project, funded by the WSDOT Pedestrian and Bicycle Program. The Quilcene Complete Streets Project is located in Quilcene, Washington, along US Hwy. 101, approximately between Center Road and the Quilcene Community Center. The intent of this project is to improve pedestrian and bicycle safety along this portion of US Hwy. 101. 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 contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A" 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 "E -1" attached hereto, provided that the total amount of payment to Consultant shall not exceed $16,921.50 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, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. 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 CONSULTANT AGREEMENT P: Eric K(A) Projects Quilcene Complete Streets Project Management Consultants Surveyor •Van AIIer Contract Professional Services Agreement.docx rev, 3,31,2014 Page I of 12 incidentals necessary to complete the work. 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 any portion thereof, including attorney's 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. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: 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, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. 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. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: CONSULTANT AGREEMENT P: Erie K (A) Projects Quilcene Compete Streets Project Managemem Consultants surveyor Nart Aller Contract Professional Services Agreement.docx rev. 3 -31 2014 Page 2 of 12 a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual /Commercial Liability — including completed operations; d. Premises — Operations Liability (M &C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self - insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. 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 Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and /or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that 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 so affected shall protect both parties and be primary coverage for any 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 Consultant. 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 CONSULTANT AGREEMENT P: \Eric K,(A) Projects \Quiloene Complete Streets'IPro;ect Mamagement'Comultams,Sur eyor,Van Aller!Cotract, Pro fes si onal Services Agreement.docx rev. 3,31/2014 Page 3 of 12 due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any insurance 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. 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. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 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 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. CONSULTANT AGREEMENT P:�Eric K \(A) Projects,Quilcene Complete StreetsTroject Management',Consultants,Su,eyor\Van Aller�Contraet,Professional Services Agreement.docx rev. 3.31/2014 Page 4 of 12 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. 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 Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Van Aller Surveying P.O. Box 757 Carlsborg, WA. 98324 16. 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. This agreement may be amended only by written instrument signed by both County and Consultant. CONSULTANT AGREEMENT P:,eric K,(A) Projects,Quilcene Complete Streets,Project Management ',Consultants' Surveyor Van Aller Contract Professional Services Agreement.docx rev. 3,312014 Page 5 of 12 SIGNATURE PAGE DATED this day of , 20 SIGNATURE PAGE 4�-- e4& Brian Van Aller JEFFERSON COUNTY BOARD OF COMMISSIONERS Chair Consultant's Representative (Please print) Member (Signature) Title Date Member as to forlp only: 47 J C&Aj�V David Alvarez i Date Deputy Prosecuting Attorney Monte Reinder-s-71. Date Public Works Director /County Engineer CONSULTANT AGREEMENT P:1Eric K1(A) Projects!Quilcene Complete StreetsTroject Management,Consultants ,Sur eyor,Van AIIer,Contract Professional Services Agreement.docx rev. 3/31/2014 Page 6 of 12 Exhibit A Scope of Work for Surveying Services for Quilcene Complete Streets OBJECTIVES: The objective of the proposed work is to provide surveying services for Jefferson County's Quilcene Complete Streets Project, funded by the WSDOT Pedestrian and Bicycle Program. The Quilcene Complete Streets Project is located in Quilcene, Washington, along US Hwy. 101, approximately between Center Road and the Quilcene Community Center. The intent of this project is to improve pedestrian and bicycle safety along this portion of US Hwy. 101. The proposed scope of work for this project is the development of a project pre- engineering base map showing the following items within the Project Area, as defined in the Exhibit B map: 1) Rights -of -Way of US Hwy. 101 and adjacent county roads. 2) Topographic information throughout the project area. Task 1 Rights of Ways Determine the Rights -of -way for US Hwy. 101 and intersecting County roads within the project area. Work under this Task involves: • Researching right -of -way record maps, plats, deeds and documents. • Compiling and calculating rights -of -ways. • Field verification of rights -of -ways with existing monumentation. • Drafting rights -of -ways into Base Map. Task 2 Topographic Information Provide topographic survey and mapping of the project area. Work under this Task shall include mapping the following features: • Calculated property boundaries of parcels within the project area, noting any survey monuments found. • Topography mapping with one foot contours. • Outline of existing structures and foundations with finished floor elevations. • Centerline, striping, breaklines and edges of pavement of US Hwy. 101. • Identification of above ground and underground utilities. • Fence lines, walks, trails, etc. to Trees with a DBH equal to or greater than 10 inches CONSULTANT AGREEMENT P: Eric K (A) Project&Quilcene Complete Streets,Pmject Management Consultants Surveyor Van Aller Contract Professional Services Agreement.docx rev. 3,312014 Page 7 of 12 • Generally all substantial features and improvements within the project area. The horizontal datum for mapping shall be NAD 83, (North American Datum of 1983) and vertical datum shall be NAVD 88, (North American Vertical Datum of 1988). At least three permanent on -site benchmarks (control points) will be established for future survey and construction work within the project area. Deliverables The final survey Topographic base map shall be delivered in a digital ACAD file format with an accompanying stamped mylar hard copy. Time for Performance: A 90% level of completion base map will be submitted to Jefferson County for review and comment within 60 days of the notice to proceed. The final topographic and right -of -way base map will be submitted on mylar and in AutoCad ".dwg" format within 14 days of the County's approval. CONSULTANT AGREEMENT P:,£ric K,(A) Projects\Quilcene Complete Streets`Project ManagemenvConsultams,Sur eyor Van AllerTontract Professional Services Agreement.docx rev. 3,3112014 Page 8 of 12 14. 13 23 24 -. Exhibit B Project Area for Surveying Services for Quilcene Complete Streets 24 j19 CONSULTANT AGREEMENT P:\Eric K\(A) Projects\QuilceneComplete StreetsTro;ect Management \Consultants\Surveyor\Van Aller\Contraet\.Professional Services Agreement.docx rev. 3,3112014 Page 9 of 12 Exhibit E -1 Van Aller Surveying Consultant Fee Determination Task 1: Rights of Ways Cost Estimate: Discipline Time Rate Cost Professional Land Surveyor 18.0 hrs $114.75 $2,065.50 Two Person Survey Field Crew 18.0 hrs $176.10 $3,169.80 Total Task 1: $5,235.30 Task 2: Topographic Information Cost Estimate: Discipline Time Rate Cost Professional Land Surveyor 8.0 hrs $114.75 $918.00 Two Person Survey Field Crew 50.0 hrs $176.10 $8,805.00 Survey Tech II 32.0 hrs $61.35 $1,963.20 Total Task 2: $11,686.20 Grand Total Tasks 1 & 2: $16,921.50 Exhibit E -2 Van Aller Surveying Specific Rates of Pay Hourly Overhead Profit Rate Discipline or Job Title Rate @ 125% (a,30% Per Hour Professional Land Surveyor $45.00 $56.25 $13.50 $114.75 Survey Tech. II $24.06 $30.07 $7.22 $61.35 Survey Tech I $18.00 $22.50 $5.40 $45.90 Two Person Survey Crew $69.06 $86.32 $20.72 $176.10 DIRECT NON - SALARY COST: Mileage: $0.575/mile Reproduction costs: Actual cost Materials: Actual cost CONSULTANT AGREEMENT P: Eric K (A) Pro ;ects,.Quilcene Complete Streets %Project Management Consultams Su cyor Van AlIff Contract Professional Services Agreement.docx rev. 3- 312014 Page 10 of 12 Exhibit F (Van Aller Surveying 2014) Breakdown of Overhead Cost Account Title $ Beginning Total % of Direct Labor Direct Labor $54,361 100 Overhead Expenses: FICA $5,433 10.0 Unemployment $76 0.1 Health/Accident Insurance $4,094 7.5 Medical Aid & Industrial Insurance $560 1.0 HolidayNacation/Sick Leave $2,180 4.0 Commission/Bonus/Pension $560 1.0 Total Fringe Benefits $12,903 23.60% General Overhead: State B &O Taxes $2,102 3.9 Insurance $4,035 7.4 Administration & Time Not Assignable $4,320 7.9 Printing, Stationery & Supplies $7,798 14.3 Professional Services $2,420 4.5 Travel Not Assignable (includes fuel) $14,125 26.0 Telephone & Telegraph Not Assignable $4,338 8.0 Fees, Dues & Professional Meetings $600 1.1 Utilities & Maintenance $2,318 4.3 Professional Development $290 0.5 Rent $4,800 8.8 Equipment Support (Trimble lease) $4,552 8.4 Office, Miscellaneous & Postage $3,420 6.3 Total General Overhead $55,118 101.4% Total Overhead (General + Fringe) $68,021 125.0% Overhead Rate (Total Overhead / Direct Labor) 125.0% CONSULTANT AGREEMENT P: Eric K (A) Projects,Quilcene Complete Streets�Project Management, ConsuhantsSurveyorlVan Aller'ContraetProfessional Services Agreement.docx rev. 3.31 2014 Page I I of 12 1144L- "RA:JPF CERTIFICATE OF LIABILITY INSURANCE Gt7ilwliLL777Yr TNI! 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