HomeMy WebLinkAboutAmerican Forest Management & Port Ludlow Associates (Forest Management Plan for the PLA) - 071116c,c,--, I��
11415 NE 1281h St Suite 110 Kirkland WA 98034 • (425)820-3420 • FAX (423')820-3437
www.americanforestmanagement.com
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT entered into theiLday of 2016 by and between
AMERICAN FOREST MANAGEMENT, IN . witl an office at 11415 NE 128TH St., Suite
110, Kirkland, WA 98034 (hereinafter referred to as "AFM") and Port Ludlow Associates LLC
and Jefferson County Department of Communi1y Development (hereinafter referred to as
"Client").
AFM agrees to provide consulting services to Client as shown on the attached Exhibit "A" which
is hereby incorporated into this Agreement by reference.
Access: Client hereby grants to AFM, its agent and employees the right to ingress and egress
upon and to the Property for the purpose of performing the agreed upon services as outlined in
Exhibit "A".
Compensation and Payment: Client agrees to timely pay AFM for services performed in
accordance with the schedule of payment outlined on the attached Exhibit "A".
Insurance Coverage: AFM shall, while performing services on the Client's property, maintain
in effect worker's compensation insurance in the statutory amounts as required by the Worker's
Compensation Law in the state or states in which AFM is obligated to provide worker's
compensation benefits; General liability insurance with maximum limits of liability of not less
than $1,000,000 per occurrence or $2,000,000 General Aggregate; and motor vehicle liability
insurance with minimum liability limits of $1,000,000 Combined Single Limit (Bodily Injury
and/or Property Damage combined).
Indemnification: AFM agrees to defend, indemnify and hold harmless Client, its officers,
directors, employees, agents, and affiliates from and against any and all third -party claims,
lawsuits and demands and the associated liabilities, damages, costs and expenses (including
reasonable attorneys' fees) (the "Claims") arising from bodily injury, death, or property damage,
caused by any act, omission, or failure of Consultant or its officers, directors, employees, agents,
or Consultants, in connection with this Agreement.
Client agrees to defend, indemnify and hold harmless AFM, its officers, directors, employees,
agents, and affiliates from and against any and all third -party claims, lawsuits and demands and
the associated liabilities, damages, costs and expenses (including reasonable attorneys' fees) (the
"Claims") arising from bodily injury, death, or property damage, caused by any act, omission, or
failure of Client or its officers, directors, employees, agents, or Consultants, in connection with
this Agreement.
Independent Contractor: It is understood and agreed that AFM and its employees are
independent contractors and not employees of the Client, and each party to this Agreement
agrees to take action consistent with the foregoing. Nothing in this agreement shall be construed
to create a partnership, joint venture or other association among the parties.
Duties of AFM: AFM agrees to perform its services in accordance with published Best
Management Practices (BMPs) as outlined in the state in which the services are being performed.
AFM shall also comply with all applicable federal, state and local laws or regulations.
Severability: This Agreement shall be governed by, and construed in accordance with the laws
of the State of Washington (but not including the choice of law rules thereof).
Assignment — Successors in Interest: Neither party hereto shall have the right to assign any
part of this Agreement without the prior written consent of the other party. All agreements,
rights and privileges addressed herein which are binding upon or applicable to either party hereto
shall also be binding upon and applicable to the heirs, successors and legal representatives of the
respective parties.
Errors and Omissions: In performing the services herein agreed, AFM shall exercise a
standard of care consistent with accepted industry practices in effect in the area where the
Property is located.
Execution - Legal Advice: By its execution hereof, each of the parties hereto acknowledge and
agree that each has freely, voluntarily and knowingly executed this Agreement and further that
each has had full opportunity to review this Agreement with legal counsel of its own choosing.
Client Authorization: Client hereby warrants that it has fee simple title of the Property or has
authority to execute this Agreement on behalf of the entity which has fee simple title of the
Property and that information provided relative to the Property is accurate to the best of the
Client's knowledge.
Term: This Agreement will expire at the time of completion of the duties and obligations as set
forth in the attached Exhibit "A" or per the termination date set forth in Exhibit "A".
IN WITNESS WHEREOF, the parties have set their hands the date and year first written above:
Client:
Port Ludlow Associates LLC
�QWL
iana Smeland, P sident
70 Breaker Lane
Port Ludlow, WA 98365
Client:
Jefferson County
`�_
Kathleen Kler, BoCC Chair
P.O.Box1220
Port Townsend, WA 98368
American Forest Management
District Manager
Approved a
Mica 1 Haas, Prosecuting Attorney
Attest:
j .q, Ltwi er , Clerk of the Board
EXHIBIT A
SERVICES
Forest Management Plan — Jefferson County Parcels — 821164001, 821164002, 821211003
Scope of Work
1. Conduct non -quantitative, reconnaissance level survey of the forest resources on the
subject contiguous parcels
2. Prepare a Forest Management/Stewardship Plan to meet stakeholder objectives.
3. Submit plan to stakeholders for review and discussion at next mediation meeting
4. Attend August mediation meeting to discuss plan and provide technical services
FEE
This assignment will be hourly at time and expense, Not -to -Exceed $3,500. Hours will be billed
at the District Manager rate of $110/hour. Estimated field time is 6 to 8 hours. Estimated
reporting time is 10 to 12 hours. Estimated time for August meeting is 6 to 8 hours. Estimated
travel/mileage fees is $150.
TERM
The undersigned agrees to make final payment for said services within thirty (30) days of receipt
of final invoice for said services unless other terms and conditions are mutually agreed upon.
Client Initials:
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Philip Morley, County Administrator
C.
DATE: July 11, 2016
RE: Agreement with American Forest Management and Port Ludlow Associates LLC
for Forest Management Plan; 2016; Not to Exceed $3,500
STATEMENT OF ISSUE: Board approval is requested of an Agreement with American Forest
Management (AFM), co-signed with Port Ludlow Associates, LLC, whereby AFM will prepare a forest
management plan.
ANALYSIS: As part of on-going mediation Jefferson County and Port Ludlow Associates jointly are
contracting with American Forest Management (AFM) to prepare a forest management plan pursuant to
joint direction through PLA's and the County's mediation. This is the second of two agreements with
American Forest Management that are proposed for joint execution by the County and PLA with AFM.
The first agreement would contract with AFM to provide forest assessment and mediation technical
support services.
FISCAL IMPACT: The total contract cost is not to exceed $3,500, and payment will be split 50/50
between Jefferson County and PLA. Thus the total cost to Jefferson County would not exceed $1,750,
paid from the County's non -departmental budget.
RECOMMENDATION: Approve the proposed Agreement with American Forest Management, which
Port Ludlow Associates would also approve.
REVIEWMBY:
Philip Morley, Co n Administrator Date
CONTRACT REVIEW FORM
CONTRACT WITH: American Forest Management, Port Ludlow Associates
CONTRACT FOR: Forest Management Plan TERM: Upon completion in 2016
COUNTY DEPARTMENT: County Administrator Office
For More Information Contact: Philip Morley x-383
Contact Phone #:
RETURN TO: Philip Morley RETURN BY:
(Person in Department) nry
AMOUNT: Not to exceed $3,500 PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 1: REVIEW BY RI
Review by:
Date Reviewed:
❑X APPROVED FORM
Comments
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
ther — sole source
❑ Returned for revision (See Comments)
Step 2: REVIEW BY PROSECUTING ATT07NEY
Review by:
Date Reviewed:
1, APPROVED AS TO FORM ❑ Returned for revision (See Comments)
Comments
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)
Leslie Locke
From: David W. Johnson
Sent: Monday, July 11, 2016 12:27 PM
To: Philip Morley
Cc: Leslie Locke-, Pat Schneider-, Erin Lundgren
Subject: - - RE° AFM Service 'Agreements
Yes, forward on to PLA for signing.
From: Philip Morley
Sent: Monday, July -11, 20r6�ff:23 PM
To: David WI -Johnson <djohnson@co.jefferson.wa.us>
�c: L se lie Locke <LLocke@co.jefferson.wa.us>; Pat Schneider <pat.schneider@foster.com>; Erin Lundgren
<elundgren@co.jefferson.wa.us>
Subject: RE: AFM Service Agreements
David J, could you let PLA and AFM know these were approved by BoCC today? Who should Leslie send the signed
originals next for signature — PLA? Thank you.
Philip
Philip Morley
Jefferson County Administrator
pmorley@co.iefferson.wa.us
(360) 385-9100 x-383
This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW
42.56. Additionally, all email to and from the county is captured and archived by Information Services.
From: David W. Johnson
Sent: Monday, July 11, 2016 8:30 AM
To: Philip Morley <pmorley@co.iefferson.wa.us>
Subject: RE: AFM Service Agreements
Thanks!
From: Philip Morley
Sent: Thursday, July 07, 2016 6:02 PM
To: David W. Johnson <diohnson@co.iefferson.wa.us>
Cc: Kathleen Kler <KKler@co.iefferson.wa.us>; Pat Schneider <pat.schneider@foster.com>
Subject: RE: AFM Service Agreements
David, the two agreements that the County and PLA would enter into with American Forest Management have gone
through risk and legal, and are on the July 11 consent agenda for BoCC approval this coming Monday.
Philip
Philip Morley
Jefferson County Administrator
pmorley@co. iefferson.wa.us
(360) 385-9100 x-383
This is a reminder that all email to or from this email address may be subject to the Public Records Act contained in RCW
42.56. Additionally, all email to and from the county is captured and archived by Information Services.
From: David W. Johnson
Sent: Tuesday, May 24, 2016 1:36 PM
To: David Alvarez <DAlvarez@co.iefferson.wa.us>; Philip Morley <pmorley@co.iefferson.wa.us>; Kathleen Kler
<KKler@co.iefferson.wa.us>
Cc: David W. Johnson <diohnson@co.iefferson.wa.us>
Subject: FW: AFM Service Agreements
American Forest Management contract and information.
From: Layton, Bob [mailto:Bob.Layton@afmforest.com]
Sent: Tuesday, May 24, 2016 12:03 PM
To: Diana Smeland <DSmeland@portludlowassociates.com>; David W. Johnson <diohnson@co.iefferson.wa.us>
Subject: RE: AFM Service Agreements
Hi Diana and David,
As directed, I revised our service agreement with PLA to include the County. We will split the invoice between the two
parties.
Also attached is a new agreement to write the forest management plan. I also included the next mediation meeting in
this agreement. Let me know if you have any questions or concerns. Thank you.
Bob
Bob Layton I Senior Arborist - Forester
American Forest Management, Inc.
11415 NE 128th St, Suite 110 1 Kirkland, WA 98034
Tel: (425) 820-3420 1 Fax: (425) 820-3437 1 Cell: (425) 220-5711
Email bob. layton(&afmforest. com; Website: www.americanforestmanagement.com
This e-mail message and any attachments are for the intended recipient only. Any unauthorized use, distribution, disclosure, or reproduction is prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail and delete all copies including attachments.
"Please note American Forest Management's e-mail address is changing, please update your contacts and any e-mail
filter service you or your company has. My new email will be bob.layton@afmforest.com
From: Diana Smeland [mailto:DSmeland@portludlowassociates.com]
Sent: Tuesday, May 17, 2016 9:31 AM
To: Layton, Bob <Bob.Layton @afmforest.com>
Subject: Address/Time for mediation
Bob — Here is the information for Friday. See you there. I think most if not all will be catching the 7:55 am Ferry. If you
are we will probably see you there.
Mediation start time: 9:00 a.m. Friday, May 20, at DWT offices in Seattle.
Address:
Marco de Sa a Silva I Davis Wright Tremaine LLP
1201 Third Avenue, Suite 2200 1 Seattle, WA 98101
Tel: (206) 757-8024 1 Fax: (206) 757-7024
Email: desam(a)dwt.com I Website: www.dwt.com
Thanks,
Diana
Diana Smeland
President
Port Ludlow Associates, LLC
70 Breaker Lane, Port Ludlow, WA 98365
p: 360-437-8342 1 f:360-437-2522
www.portludlowresort.com
LL'llLll�'4 }
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2015 TripAdvisor Certificate of Excellence
41 Z IN ' IdFt
July 11, 2016
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Phil Johnson, District 1 David W. Sullivan, District 2 Kathleen Kler, District 3
Port Ludlow Associates, LLC
Attn: Diana Smeland, President
70 Breaker Lane
Port Ludlow, WA 98365
AGREEMENT re: Forest Management Plan; In an Amount not to Exceed
$3,500; Jefferson County Administrator; American Forest Management and
Port Ludlow Associates
Enclosed are three Original Contracts re: Forest Management Plan; In an Amount
not to Exceed $3,500; Jefferson County Administrator; American Forest
Management and Port Ludlow Associates
Please sign all three Originals and then return them to the following address:
Jefferson County Commissioners Office
PO Box 1220
Port Townsend, WA. 98368
When all three are fully executed we will send you an Original for your records.
Please contact our office if you have any questions.
Th k yeu,
Julie Shanno
Executive Secretary I
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc(aco.jefferson.wa.us
oo\
1 I W, 0- �
� IN
July 25, 2016
1820 Jefferson Street
PO Box 1220
Port Townsend, WA 98368
Phil Johnson, District 1 David W. Sullivan, District 2 Kathleen Kler, District 3
American Forest Management
Attn: District Manager
11415 NE 128th Street, Suite 110
Kirkland, WA 98034
AGREEMENT re: Forest Management Plan; In an Amount not to Exceed $3,500;
Jefferson County Administrator; American Forest Management and Port Ludlow
Associates
Enclosed are three Original Contracts re: Forest Management Plan; In an Amount not to Exceed
$3,500; Jefferson County Administrator; American Forest Management and Port Ludlow
Associates
Please sign all three Originals, keep one Original for your records and return the additional two (2)
to the following address:
Jefferson County Commissioners Office
PO Box 1220
Port Townsend, WA. 98368
Please contact our office if you have any questions.
That you-,
uli annon
Executive Secretary I
Enclosure
Phone (360) 385-9100 Fax (360) 385-9382 jeffbocc(nco.jefferson.wa.us