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O Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: March 28, 2016
Subject: Undie Road Realignment Project No. 18019900
Statement of Issue: Professional Services Agreement with Clark Land Office of
Sequim, Washington for realignment surveying services for Undie Road Realignment
Project, County Road No. 150009.
Analysis/Strategic Goals/Pro's Et Con's: The consultant selection process was used to
select Clark Land Office for this work. Work will consist of centerline staking, a DNR
record of survey and a right of way plan in the event that further land acquisition is
necessary.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this
agreement is $23,934.00. The Department of Public Works is applying for funding
assistance from FEMA and Washington State. Funding for this project is anticipated to
be 75% FEMA, 12.5 % Washington State, and 12.5 % Jefferson County.
Recommendation: The Board is requested to sign all three originals of the
Professional Services Agreement with Clark Land Office, and return 2 originals to the
Department of Public Works.
Department Contact: Will Butterfield, 385-9350
Reviewed By:
Philip Mor y, County Administrator
Date
PROFESSIONAL SERVICES AGREEMENT FOR
Undie Road Realignment Surveying Services
County Project No 18019900
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation,
hereinafter referred to as "the County", and Clark Land Office, of Sequim, Washington,
hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and
conditions hereinafter specified
Prosect Designation The Consultant is retained by the County to perform centerline surveying
services for the Undie Road Realignment project
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 receipt of a
Purchase Order shall constitute said notice Consultant shall perform all services and
provide all work product required pursuant to this agreement on the dates listed on
Exhibit "A" This agreement shall be effective through December 31, 2019
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 $23,934 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
The Consultant's records and accounts pertaining to this agreement are to be kept
CONSULTANT AGREEMENT
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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
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
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, ansmg 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
a Broad Form Property Damage, with no employee exclusion,
b Personal Injury Liability, including extended bodily injury,
CONSULTANT AGREEMENT
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c Broad Form Contractual/Comrnerc2al 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 fimush 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 compames 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
2s 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 famish
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
CONSULTANT AGREEMENT
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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
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
13 Non -Waiver Waiver by the County of any provision of this agreement or any time
CONSULTANT AGREEMENT
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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
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
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
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DATED this
SIGNATURE PAGE
SIGNATURE PAGE
day of
Clark Land Office PLLC
Name of Consultant
-5�o r /3 if- z e
Consultants epresentative (Please print)
(Signature)
President/Owner
Title
Date
20
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Kathleen Kler, Chair
Phil Johnson, Member
David W Sullivan, Member
A proved as to foAn only 3
David Alvarez Date
Deputy Prosecutrne Attorney
PE
Works Director/County Engineer
CONSULTANT AGREEMENT
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EXHIBIT A
SCOPE OF WORK
CENTERLINE SURVEYING SERVICES
UNDIE ROAD REALIGNMENT
COUNTY PROJECT NO CR18019900
INTRODUCTION
This agreement provides for centerline staking and surveying services that will be necessary during
design of the Undie Road Realignment Project
ADMINISTRATION AND COORDINATION
The Consultant will be required to continually coordinate with the Agency the work effort involved
in all tasks under this agreement Work completed under this task shall include the following
A Provide one-on-one liaison between the Agency Project Manager and Consultant team
B Provide notification of anticipated delays or problems
C Provide monthly invoice, which shall include the following
a Name of each employee that worked on the project in the billing period
b Each employee's job classification
c Each employee's hours worked
d Each employee's hourly wage rate
e Each invoice will also include all direct non -salary costs and copies of supporting invoices
or bills The Agency will disallow all or part of any claimed cost, which is not adequately
supported by documentation
D The Consultant shall coordinate the work effort for this project with the Agency's schedule and
the centerlme location activities of the Agency through the duration of the project All centerline
staking times shall be coordinated through the Agency
Centerhne Stakme
This work consists of providing centerline surveying for the items identified in this scope of work
for the design of the project The Consultant shall perform the necessary surveying to establish
horizontal and vertical control of the roadway, to ensure that the project centerline is staked at the
proper location and grades The Consultant shall coordinate work with the Agency to ensure
meeting the Agency's schedule The Consultant shall provide professional guidance on procedures
and methods involved in this work to the Agency when necessary The centerline staking
described below shall apply to the road realignment between Station 10+00 and Station 48+00,
Page 1 of 2
unless otherwise noted It is anticipated that the centerline staking for this project will require the
following work
TASK 1
A Coordinate work with Agency
B Review of proposed project centerline plans and AutoCAD drawings provided by the Agency
Calculation and preparation of roadway points for centerline staking Uploading of field
staking data to surveying equipment
TASK 2
A Establish additional surveying control for centerline staking as needed
B Set and/or re -set the proposed centerline of the alignment by placing stakes or flagging on
centerline at points on the alignment spaced no further than 100 feet beginning at a point on
the existing Undie Road identified as Highway Engineers Station (HES) 10+00 and extending
thru HES 49+00 to the established spur connecting to the DNR F4200 road in Section 1,
Township 28 North, Range 13 West, W M Centerline stations will need topographic data to
further assist in final design
C Set or re -set centerline staking as determined or adjusted by the agency, placing stakes or
flagging at all angle points and at intermediate points not more than 50 feet apart If the
Agency chooses to reset the existing flagging, then the same color flagging shall be used for
the new staking in order to prevent confusion
TASK 3
A Once final centerline has been determined and set by the Agency, Surveyor shall prepare a
Record of Survey (ROS) per DNR standards for the realignment area located on DNR lands
located in Clallam County, once authorized by the Agency The agency assumes that current
data developed through the centerline staking is sufficient to produce the ROS However, DNR
may have survey standards that exceed capabilities of existing data and as such the Agency
shall prepare a contract supplement in order to pay for additional survey services necessary to
produce a ROS acceptable to DNR
B Surveyor shall also prepare a RIGHT OF WAY Plan and legal description for the realignment
area needed located on the Bnsadal parcel in Section 1, Township 27 North, Range 13 West,
W M , in preparation for road easement acquisition by the Agency, said right of way plan shall
conform to WSDOT standards and guidelines as provided by the Agency
C Future Tasks may be necessary, such as clearing limit staking, construction staking and survey
monumentation placement, at the direction of the agency and in conjunction with a supplement
to the Professional Services Agreement herein
Page 2 of 2
UNDIE ROAD REALIGNMENT PLANNING PROJECT
EXHIBIT B
-
-
JEFFERSON COUNTY PUBLIC WORKS
Date
2116/2016
COST ESTIMATE FOR
-
_ Centerline Surveying &
Record_ of Survey & Right of Way Plan
LICENSED
SURVEY & Auto CAD
2 MAN FIELD
ESTIMATED_
SURVEYOR
TECH
CREW
HOURS
-- - - -------T/1SIiCS -_ -- - -- - -- - -
- _$90_00 _ ------Per
_$80 00 _ --
-- $18000 _ --
-----_ -
Per Hour
Hour-
Per Hour
TASK HEADING 1 - ADMINISTRATION AND COORDINATION
A wumGs WITH JCPW STAFF
1
0
0
--100
B ADMINISTRATIVE
2
0
0
200
- - - - - - - -- -
TIME
- - -
1
- -0- -
--
0
-
--160
_TRAVEL ___ _ _ _
(1 tnp(s) max_ x t hour r_o_un_d_tnp = 1 hours)- _ _ _ -- -- -- _ - _ _ - -_- _ -_ - -
_ _ --_-_ _ _
_0
_ -_ _ _ _
- - --- - - - -
--- -_ --- _
SUB -TOTAL HOURS
400000
000
400
- - - - -- — - - - - - -- -- ------
_
- $360 00
_
$000
_
$0 00 --
_ _
- 360 00 - -
TASK HEADING 2 -FIELD
A ESTABLISH PROJECT HORIZONTAL & VERTICAL FIELD CONTROL
3
8
8
1700
B FIELD MEASUREMENTS OF SUBDIVISION CORNERS
8
8
1600
C ESTABLISH ROAD CENTERLINE 8 PROPERTY BOUNDARIES
8
2
24
34-00
D TOPOGRAPHIC MAPPING & LOCATING EXISTING FEATURES
8
4
8
20 00
E REVISIONS TO TOPOGRAPHIC / CENTERLINE PLAN
3
3
0
660
-- EL -- -- - - - -- - - -
TRAVEL TIME
- - -
B
- -- ----
0
--- --
20
- — -
_ (5 tnp(s) max x 4 hour round tnp =20 hours_
---- - - - - - - -- --- - ----
- -- --
_ _
- - - -- --
_ _ _
- - -- -
___ _2_8_0_0)_
- - -
SUB -TOTAL HOURS
38 00
38 00
15
CO----
68 0___
12160-
21 00
_____
$:i 420 00
_ -0 ___
T-$1 200 00
__
$12 240 00
__
16860 00
TASK HEADING 3 -OFFICE
A. REVIEW 6 F PROJECT RELATED DOCUMENTS
1
0
0
100
4
_ 2 _
0
_ 4 _
0
_ _ 0
B REVIEW OF EXISTING SECTION SUBDIVISIONS
400
600
C CALCULATION OF proposed R O W _
D ANALYSIS / PROCESSING OF FIELD MEASUREMENTS
1
8
0
00E
966-
E- PREPARE TOPOGRAPHIC /-BOUNDARY BASE PLAN
4
8
0
1200
F Record of Survey_(R-DNR parcel-
8 _
_ _ 12 _
- 0 _
20 00
G RIGHT OF WAY PLAN-Brnsadat parcel -- -- _ - _ - -- -- - _--- - _ --
_- 4 --
-- _ - 12 _ - -- _--
-- 0 -- -
---- _ _ --
TRAVEL TIME
4
400
_ _
11 tn&) max x_4 hour roun_d_t_np = 4hours)- - - - - - --_ - - - — --_ -- - --_ ----
---_-_—_—
_ --- _-- _--- --
-- - _- -
__ --_ _--_
SUB -TOTAL HOURS
2800
4400
000
5600
_
$2 520 00
_
$3 520 00 1
_ _
$000
_
604000
SUBTOTALS
f
HOURS
7000
59 00__
0_0
181_0_0_
DOLLARS
_
$6 300 00
_ _
$4 720 00
_
$12 2'i 00
_ _
$23 260 00
DIRECT NON -SALARY COST
a__ Mileage Survey Van— 5 TRIPS x 172 miles x
$46400
_54/mile=-
(Route Tnp= 172) -- - - - - - ---
-
-
- ---
-
b Reproduction
$2500
c Matenals, Stakes, etc
$2500
_
d Record of Survey
$16000
Sub -Total
$674 00
Total
- $23,934.00
LAND SURVEYING
11 -- — -.111-1. --1
March 9, 2016
Jefferson County Public Works
Attention: Will Butterfield
623 Sheridan Street
Port Townsend, WA 98368
Dear Mr. Butterfield,
Please consider this tetter to be a statement of rates for Clark Land Office PLLC. The
rates listed are for Stirveyin8 Services for the Undie Road Realignment in Jefferson
County, Washington.. Claris Land Office PLLC 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 confirm that all
direct non salary costs will be invoiced without mark-up. Listed below are the owners or
employees that could be authorized to work on this project:
• Scot Clark, .PLS — Principal Owner/President
$ 90.00
• James Almaden, PLS — OwnerlVice President
$ 90.00
• Knut Orloff— Construction Site Surveyor
$ 90.50
• Sean Taylor —.Party Chief
$ 90.50
• Sensor Auto CAD Technician
$ 80.00
Please call 360-681-2161 if you have any questions.
Sincerely,
Scotlark, PLS
Principal Owner/President
scot@clarkland.com
Undte Road Realignment
Consultant Fee Determination — Summary Sheet
(Specific Rates of Pay)
Fee Schedule
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
Mdea a $0 54/mile
Reproduction costs Actual cost
Materials Actual cost
Hourly
Overhead
Profit
Rate
Discipline or Job Title
Rate
(a 000%
(a 00%
per Hour
Scot Clark. PLS — Pnncipal Owner/President
$900
0
$ 90 00
James Almaden. PLS —Owner/Vice President
$ 90 00
$0000
$0000
$ 90 00
Knut Orloff— Construction Site Surveyor
$905
$000
$0000
90 50 **
Sean Taylor Patty Chief
$905
$000$000
0
9$ 0 50**
Senior Auto CAD Technician
$8000
$0000
S0000
$800
**NOTE These two hourly rates equal the 2 Man Field Crew rate of $181 00 Per Hour on the estimate
DIRECT NON -SALARY COST
Mdea a $0 54/mile
Reproduction costs Actual cost
Materials Actual cost