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Home My WebLink About042715_ca02Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders, Public Works Director/ County Engineer,O' Agenda Date: April 27, 2015 Subject: (Construction) Surveyor Contract for Safe Routes To School (SRTS) SR19 Et West Valley Road Project Statement of Issue: Professional Services Agreement with Clark Land Office of Sequim, WA. for providing construction surveying services for the Chimacum Safe Routes To School (SRTS) SR19 Et West Valley Road project. Analysis /Strategic Goals /Pro's 8 Con's: This project is included in the officially adopted 2013 -2018 Transportation Improvement Program and 2013 Annual Construction Program as Item No. 8. The purpose of this project is to improve the Chimacum School crossings at SR19 and West Valley Road and their associated approaches. This project also includes Education, Encouragement and Enforcement components. This agreement will provide surveying services by Clark Land Office, for the Construction Phase. The required surveying services for this project consist construction field staking and associated calculations. Fiscal Impact /Cost Benefit Analysis: This Professional Services Agreement, for surveying services, is for $6,874.00 The Construction Contract for the project has been awarded in the amount of $190,113. Construction of this project is funded at 100% by a WSDOT Safe Routes to School grant. Recommendation: The Board is asked to execute the three (3) originals of the Professional Services Agreement with Clark Land Office, and return (2) signed originals to Public Works (attn. Eric Kuzma). Department Contact: Eric Kuzma, Project Manager, (360) 385 -9167 Reviewed By: Philip Morley, ounty AdMiZirator Date RECEIVED APR 2 0 2015 PROFESSIONAL SERVICES AGREEMENT FOR CONSTRUCTION SURVEYING SERVICES THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Clark Land Office, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. tion. The Consultant is retained by the County to provide construction surveying services for Jefferson County's Chimacum Safe Routes To School (SRTS), SRI & West Valley Road project. The project will improve the Chimacum School crossings located on both SRI and West Valley Road as well as their associated approaches. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 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. Parent. 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 $6,874.00 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, 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. 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. CONSULTANT AGREEMENT P: \Eric K \(A) Projects \Safe Routes to School, Chimacum,Project Management Consultants, Surveyor, CN\Construction Surveying Agreement,Professional Services Agreement SRST- CN.docx rev. 112015 Page 1 of I I 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. 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:,Eric K,(A) Projects Safe Routes to School, Chimacum, Project Management Consultants. SurveyorICN\Construction Surveying Agreement Professional Services Agreement SRST- CN.docx rev. 1,2015 Page 2 of 11 s 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 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. CONSULTANT AGREEMENT P: Eric K`.(A) Projects,Safe Routes to School, Chimacum Project Management,.Consultants'.Surveyor,CN \Construction Surveying Agreemmt,Professional Services Agreement SRST- CN.docz rev. 1'2015 Page 3 of 11 rr The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 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. 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. 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. CONSULTANT AGREEMENT P:,Eric K \(A) Projects \Safe Routes to School, Chimacum \Project Mmagement\Consultants \Surveyor,CN\Constmction Surveying Agreements Professional Services Agreement SRST- CN.doex rev. 1,2015 Page 4 of 11 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: Clark Land Office 935 North Fifth Avenue P.O. Box 2199 Sequim, WA 98382 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,.Safe Routes to School, Chimacum,Project Management Consultants, SurveyorCN\Construction Surveying Agreement, Professional Services Agreement SRST- CN.docx rev. 12015 Page 5 of l 1 DATED this SIGNATURE PAGE Clark Land Office PLLC $00f qAw SIGNATURE PAGE day of :s-6 c^ ; 2� . ( e i'� i2 /C Consultant's Representative (Please print) (Signature) !� , Title Date 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS David W. Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member Approved as to form only: I)L-r �00 -1.4 �1nt',t3y David Alvarez ✓ Date Deputy Pr es uting Attorney 5 Monte Reinders, P.E. D to Public Works Director /County Engineer CONSULTANT AGREEMENT P:,Eric K,(A) Projects Safe Routes to School. Chimacurn Project Management Consultants, Surveyor`. CN\Construction Surveying Agreement Professional Services Agreement SRST- CN.docx rev. 1,2015 Page 6 of l 1 Exhibit A Scope of Work for Construction Surveying Services for SRTS, SR19 & West Valley Road OBJECTIVES: The objective of the proposed work is to provide construction surveying services for Jefferson County's Chimacum Safe Routes To School (SRTS), SRI & West Valley Road project. The project will improve the Chimacum School crossings located on both SRI and West Valley Road as well as their associated approaches. Task 1 — Construction Surveying The construction surveying services on this subject project include calculations and a one -time staking of the following items: 1. Horizontal and vertical control 2. Sawcuts for demolition 3. Storm drainage 4. Curb and gutter 5. Sidewalks and ramps 6. Striping 7. Signage None. neliverahles Time for Performance: Services will be provided as required and in accordance with the construction schedule established by the County and the Contractor. Construction is anticipated to begin on or about June 15 and be substantially complete by July 13 (30 working days). CONSULTANT AGREEMENT P: Eric K'.(A) Projects Safe Routes to School, Chimacum`Project Management, Consultants ,.Surveyor,CN\Construction Surveying Agreement Professional Services Agreement SRST- CN.docx rev. 1/2015 Page 7 of 11 M Exhibit E -1 Clark Land Office Surveying Consultant Fee Determination Task 1: Construction Survevin2: Discipline or Job Title Time Rate Cost Office Rate (PLS, calculations) 8.0 hrs $ 90.00 $ 720.00 Two Man Field Crew Rate 34.0 hrs $181.00 $6,154.00 Total Task 1: $6,874.00 Exhibit E -2 Clark Land Office Surveying Specific Rates of Pay DIRECT SALARY COST: * *NOTE: These two hourly rates equal the 2 Man Field Crew rate of $181.00 Per Hour on the estimate. DIRECT NON - SALARY COST: Mileage $0.575/mile Reproduction costs Actual cost Materials Actual cost CONSULTANT AGREEMENT P: Eric K \(A) Projects`.Safe Routes to School, Chimacu— Project ManagemenPConsultants \Surveyor,CN\Constmctlon Surveying Agreement \Professional Services Agreement SRST- CN.docx rev. 1 -2015 Page 8 of Hourly Overhead Profit Rate per Discipline or Job Title Rate A 000% A 00% Hour Scot Clark, PLS — Principal Owner/President $90.00 $00.00 $00.00 $90.00 James Almaden, PLS — OwnerNice President $90.00 $00.00 $00.00 $90.00 Knut Orloff — Construction Site Surveyor $90.50 $00.00 $00.00 $90.50 ** Sean Taylor - Party Chief $90.50 $00.00 $00.00 $90.50 ** Jan Bartron - Senior Auto CAD Technician $80.00 $00.00 $00.00 $80.00 * *NOTE: These two hourly rates equal the 2 Man Field Crew rate of $181.00 Per Hour on the estimate. DIRECT NON - SALARY COST: Mileage $0.575/mile Reproduction costs Actual cost Materials Actual cost CONSULTANT AGREEMENT P: Eric K \(A) Projects`.Safe Routes to School, Chimacu— Project ManagemenPConsultants \Surveyor,CN\Constmctlon Surveying Agreement \Professional Services Agreement SRST- CN.docx rev. 1 -2015 Page 8 of /, ' LXND S1 R\ ]:) ING CI A- !lfi.voribF'ifthAlVirile • PO. Hnx11!)9 1LAYPING T AN �erlttim,iachnrhtmr 9f(iN? DENTIOP TENT CONSULTING i ' nlfice 3681.1161 Par f.160) �xkf•5f10 OFFICE (:ONSTRI OStRVE) PN1( r meld: i+fW'da rklndi-fan PUC August 28, 2014 Jefferson County Public Works Attention: Will Butterfield 623 Sheridan Street Pon Townsend. `VA 98368 Dear Mr. Butterfield, Please consider this letter to be a statement of rates for Clark Land Office PLLC. The rates listed are for Surveying services for the Rick Tollefson Memorial 'frail Phase I & Ball Ficid Connection in .Jefferson County, Washington. Clark Land Office PI.I.0 consists of a staff of -six persons with no calculated overhead rates. Our firm charges a flat hourly fee for services that is all - inclusive of direct salary, overhead and fee for Professional Services. We contirm that all direct non salary costs will be invoiced without mark -up. Listed below are the Owners or employees that could he authorized to work on this project • Scot Clark, PLS — Principal Owner.-President S90.00 • James Almaden. PI .S - Owner./Vice President S90.00 • Knut Orloff' Construction Site Surveyor S90.50 • Scan Taylor - Party Chief S90.50 • Jan Bartron — Senior Auto CAD Technician S80.00 Please call 360 -681 -2161 if you have any questions. Sincerely, '] cot Clark, PLS Principal Owner: President scordclarkland.com CONSULTANT AGREEMENT PAEric K \(A) Projects \Safe Routes to School, ChimacurnTroject Management\ Consultants \Surveyor\CN tConstruction Surveying Agreement\Professional Services Agreement SRST- CN.docx rev. 1/2015 Page 9 of 11 ROB DAIe OWbaftym .. CERTIFICATE OF LIABILITY INSURANCE 6/9/2014 THIS CERMCATE 1S ISSUES AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIKiHITS UPON THE CERTIFICATE H XDER. TENS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICES BELOW. THIS CEIRTWICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUN#G INSURER421. AUTFORUED REPRESENTATIVE OR PRODUCES. AND THE CERTIFICATE HOLDER IMPORTANT: R Yokbr to an ADDf Km AL CURED. the pmgpnl mug HN enoxi d_ If SUBROGATION M WANED, No to aMU earmdone of the poNOy, cwbft p 0cin may n qun an andwNiment A stAMMI t on UYe eertffleds GM NA COOK Tlppts to- UNI cWhouiB holdar h Nu of WAM v. nlooexex CALLIS ✓: ASSOCIATBS, INC- 806 So Vint St Port Anseles UA 98362 AMaada Soria (360 ) #52 -231# t1aol�s: -3aoa amindaecallis>insurance.cm urON Mra COWOMW tE Kouc I HUMNLMAOUKth Pacific 23892 "GUAM Clazk Land Office PLLC PO Box 2199 seguim Wk 98382 -2199 alalAlell e INSUP"t: 061A1la10 , IIa11tIMa t IIIeIt11e41 . 1 1,000,000 COVERAGES CERTIFICATE NUMBERCL1 46901 430 REVISM NUMBER: THIS 18 TO CERTIFY THAT THE POLICES OF INSURANCE LISTED BELOW HAVE SEEM ISSUED TO THE INSURED NAMED ABOVE FOR TIE POLICY PERIOD INDICATED_ NOTWRHSTANOINO MY REQUIREMENT, TERSE OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED tWW 9 18 SUBJECT TO ALL THE TERMS. AND CONDITIONS OF SUCH POLICES. LNTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. p�{EXCLUSIONS L ?R TYiI Of MWiYYM:t rf1l.IGf NlfaiEN L='T`A a fteRALLWIft"Tr EACH 0L1C b%EkcF 1 1,000,000 X tXAAIMEACM UE4EF64L tIAEMJTY 1NIEa1! 1 100, 000 A CLAiwtK*AIX Ex-1 OCCUR X 19 130976 /22/2914 /2212015 1fEGDOP rilM—P -1 1 5,000 ftR50kAL[A4v HJL*V 1 1,000,000 1*X4EMALA[g7ME130E 1 2,000,000 oLx% A'3IAftUA3E U01 APffuet PER t*UbLt:la- LOOMCP ALL 1 1,000,008 IT Pause F--1 ' CI Lm AItfOIMDi�t uAUI.ITY IT au 1 1,000,000 ftL)OLYIKlJRYtYrl —I, 1 A X ANY NJ10 ALL LVA+kU 'JL:FeYI4LEO NJIt3d ALCTL7a .x 19 130970 /22124i# MJ20LS 60GLY IW1jMY*w 1 s "Itwour0a Autos 1 uawtrel •LIAe X OLtl.14 L*CHtueulbkt 1 1,000,000 A X t uAa 1:LNV54L9 * Aux fa GTE 1 1,000,000 Oki) ftle itaks 1 P19 130970 122/2434 112.2120LS A r tIO N YIMDl.MYIlYYIaNt' LWIILITY Y r M AMY "0' 'T4lIIIPAM7rl142XLCi1r14L' crnczj R - R 0MLL113 O;' � plra��aIIISY v F" AlA 19 138978 /22/^+01# /22./2415 ARIL: 11- x Q � EL EALTIM;tiM",ENr 1 1 000 000 f L 00kAok - EA EAIPLL7YE 1 1 000 000 EL UbLQSE -KXX:Y LINT 1 1,000,000 [7ESL`II=P19MTt nrEtuxrrxa hw. $ut• a" amp WSCD0131oaof OftNAT1HYA LOCAUONS1WMntS/IaaRACOM N3," Mmo *~ft Somad., aeauIfra.a IIq N The Certificate Holder is an additional insured with respect to the General Liability as required by written contract i per the teas of foa : GL Master Pak CG8 416 Blanket Additional Insured_ Evidence Only- Refer to policy for all applicable terms, conditions, endorsements and exclusions- (360)365-9234 Jefferson County Public Yorks 623 Sheridan St Port Townsend, RA 98368 ACORD 25 (2010065] SHOULD ANY OF THE ABOVE DESCRIBED POLICES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF. MD710E WALL BE LIVERED IN ACCORDANCE IMTH THE POLICY PRAVIARMI. Calais /11IAMSA !j1S'�1$I` I,P �, M 798E -2470 ACORD CORPORATION- All rlgnt>e 0 NerV W- ■N5025rra1Dleto? TIwI aCanfln nama And Man Ara rantatarad nLw to nT Bd.nAr7 CONSULTANT AGREEMENT P: \Eric K \(A) Projects, Safe Routes to School, Chimaeum \Project Management' Consultants, Surveyor,CN\Construction Surveying Agreement, professional Services Agreement SRST- CN.doex rev. 12015 Page 10 of 11 R CERTIFI-. kTE OF LIABILITY INSI .ANCE D'-t:jPK-DIXYYTIf+ aryl /sofa TH16 CERTIFICATE•: is IBSUEr AS A MATTER OF INFORMATION pNGy ANO CONFERS NO RIOHT9 UPON THE CERTIFICATE 1401-130R. THIS CERTIFICATE DOGS NOT AFFIRMATIYF.I.Y OR NEGATIVELY AMEND, E}CTEND OR ALTER THE CADVGRAOF- AFFQKQF -Q 6Y THE POLICIES ME;I,Cy1', THIS CERTIFICATE OF INSURANCE DOLS NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURERM, AUIHORFEED REPRF-SENTATIVE OR PRODUCER, ANb THE CERTIFICATEHOLOEFL QRTANT: F ttb Cert T1eaW bnldyr Iq an ALIDIT1CMkL IN FMS 'PSI Iasl rn mk be onOwod. 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