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HomeMy WebLinkAbout101419_ca03 Department 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 Agenda Date: October 14, 2019 Subject: Naylors Creek Culvert Replacemen s (West Valley Rd. & Gibbs Lake Rd.) (County Project # 18020590; RCO Project# 19-1588) Execution of Contract with Sargent Engineers, Inc. for Civil/Structural and Environmental Engineering Statement of Issue: Execution of contract with Sargent Engineers, Inc. for preconstruction civil, structural and environmental engineering for the Naylors Creek Culvert Replacements Project. Analysis/Strategic Goals/Pro's Et Con's: Jefferson County is performing preliminary engineering for the above referenced project and requires civil, structural and environmental engineering for the project. Public Works selected Sargent Engineers, Inc. as the consultant using the MRSC Consultant Roster, Main Category "Engineering Services", sub-category "Permitting, Bridge Engineering, Civil Engineering, Structural Engineering" to start to the selection process. Public Works has negotiated a work scope with the consultant with maximum consultant fees of $190,953.00. Fiscal Impact/Cost Benefit Analysis: Jefferson County has been awarded $198,849 in Fish Barrier Removal Board (FBRB) funds, administered thru the Washington Recreation and Conservation Office (RCO), for this project. No local match is required for the FBRB grant funds. Recommendation: Public Works recommends that the Board execute all three (3) originals of the Contract with Sargent Engineers, Inc. and return two (2) originals to Public Works for further processing. Department Contact: Bruce Patterson, Engineer III (385-9169) ReVieed By: .7/ 41 flip MorleyC$u ty Administrator .� Date PROFESSIONAL SERVICES AGREEMENT FOR NAYLORS CREEK CULVERT REPLACEMENTS WEST VALLEY RD. MP 2.59 GIBBS LAKE RD. MP 1.82 THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between the County of Jefferson, a municipal corporation("the County"), and Sargent Engineers, Inc ("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 civil.structural. and environmental engineering for replacement of culverts at West Valley Road MP 2.59 and Gibbs Lake Road MP 1.82 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 $ 190,953.00 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 2, Risk Legal Review 8/8/2019 Page 1 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. Consultant shall indemnify and hold harmless the County, its officers, and employees, from and against all claims, losses or liability, or any portion thereof, including reasonable 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. Consultant shall be liable only to the extent of Consultant's proportional negligence. The Consultant specifically assumes potential liability for actions brought against the County by Consultant's employees, including all other persons engaged in the performance of any work or service required of the Consultant under this Agreement and, solely for the purpose of this indemnification and defense,the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Consultant recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 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. 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; Professional Services Agreement, Contract B, Version 2, Risk Legal Review 8/8/2019 Page 2 of 10 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 requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. Professional Services Agreement, Contract B, Version 2, Risk Legal Review 8/8/2019 Page 3 of 10 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 2, Risk Legal Review 8/8/2019 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 2, Risk Legal Review 8/8/2019 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 2, Risk Legal Review 8/8/2019 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: Sargent Engineers, Inc. 320 Ronlee Lane NW Olympia, WA 98502 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 2, Risk Legal Review 8/8/2019 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 2, Risk Legal Review 8/8/2019 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 2, Risk Legal Review 8/8/2019 Page 9 of 10 DATED this day of ,20 JEFFERSON COUNTY BOARD OF COMMISSIONERS Sargent Engineers. Inc Name of Consultant Kate Dean, District l . .SSica SO Ward Consultant Representative(Please print) David Sullivan, District 2 )y ( c ature) Greg Brotherton,District 3 grincipat Title 1011-1 Date Approved as to form only: 04- PRE-APPROVED CONTRACT FORM Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney - Date Public Works Director/County Engineer Professional Services Agreement, Contract B, Version 2, Risk Legal Review 8/8/2019 Page 10 of 10 Exhibit A-1 Scope of Work Naylors Creek Culvert Replacements West Valley Road MP 2.55 Gibbs Lake Road MP 1.79 Conceptual Design thru Final Design Documents OBJECTIVE The objective of this Agreement is to provide professional services necessary for the preparation of reports, plans, specifications, permit applications and other documents necessary to develop final design construction plans and specifications for replacement of two fish passage barrier culverts on Naylors Creek at the project sites identified below. The Fish Barrier Removal Board (FBRB), the funding agency, has a specific design, review, and approval process that is outlined in Recreation and Conservation Office (RCO) Manual 22. The process and deliverables outlined in Manual 22 Appendix C-1: Conceptual Design Deliverables,Appendix C-2: Preliminary Design Deliverables, and Appendix C-3: Final Design Deliverables shall be followed in developing final design plans and specifications for this project. Jefferson County(the County)intends to submit applications to the FBRB for construction of these culvert replacements on January 15, 2020 (draft applications) and May 15, 2020 (final applications). The deliverables outlined in Manual 22 should be submitted on the schedule outlined below to allow the funding agency the time they require for review and comment on each deliverable and to provide the County with design and cost estimates required to submit draft and final funding applications. PROJECT SITES This project involves two(2)culverts that carry county roads over Naylors Creek at the locations identified below: 1. West Valley Road (County Road #514109) MP 2.555 2. Gibbs Lake Road (County Road #517509) MP 1.792 Unless explicitly limited to a specific location, each of the items that follow in this Agreement are equally applicable to each of the project locations listed above. SCHEDULE The conceptual design deliverables, as outlined in Manual 22, Appendix C-1, are to be delivered on or before November 11, 2019. The preliminary design deliverables, as outlined in Manual 22, Appendix C-2, are to be delivered on or before December 16, 2019. 9/30/2019 Exhibit A-1 Scope of Work Page 1 of 13 The final design deliverables, as outlined in Manual 22, Appendix C-3, are to be delivered on or before May 9, 2020. Preparation of permit applications, if completed by the consultant, can start during the preliminary design phase and are to be completed by April 15, 2020. SERVICES The Consultant will perform all services and furnish all materials necessary on behalf of the County to accomplish the following work items: TASK 1—PROJECT MANAGEMENT This task includes all necessary work to plan and manage the project resulting in a quality product ontime and within budget.Task items include: 1.1 Protect Management Sargent will maintain an open line of communication with the County throughout the project to ensure that project needs are being met and to discuss key decisions as the project develops. Sargent will arrange and manage the subconsultant contracts, and will coordinate subconsultant activities to ensure the project team remains on schedule and provides a quality product. Sargent will provide monthly invoicing of all consultant and subconsultant project work, along with brief progress descriptions. Sargent will participate in approximately three meetings at the project site or County office to discuss project kick-off, progress, milestones, and analysis results. Deliverables: • Monthly client invoicing and progress updates. TASK 2 -SITE SURVEY The County has hired a Surveying Consultant to perform the work necessary to prepare topographic maps of the project sites. The completed topographic maps, as paper copies and digital files (AutoCAD compatible)are expected to be completed on or before November 1,2019.Copies of the paper and digital files will be provided to the Consultant on or before that date. If, after reviewing the topographic maps, the Consultant determines additional information is needed, the County should be informed as soon as possible so that the additional topographic information can be acquired. 9/30/2019 Exhibit A-1 Scope of Work Page 2 of 13 TASK 3 - HYDRAULIC ANALYSIS Sargent Engineers (Sargent) and its hydraulic/hydrology subconsultant, Watershed Science and Engineering(WSE),will perform all services and furnish all materials necessary on behalf of the County to accomplish the following work items: 3.1. Hydraulic Engineering WSE will perform the following tasks as a subconsultant to Sargent in order to characterize the existing channel conditions and develop design alternatives for the new stream crossing structures. 3.1.1 Data Collection and Review WSE will collect and review existing data for each site including; WDFW fish passage diversion screening inventory reports, historical aerial photos, ground photos, LiDAR data, County inspection and maintenance records, stream and road survey data, relevant County GIS data, and flow data. It is anticipated that the County will be able to help obtain or provide some of these items. 3.1.2 Field Reconnaissance A WSE senior engineer and junior engineer will examine each stream crossing. They will: • Examine the geomorphic characteristics of each channel. This will include assessing both the longitudinal and lateral stability of the channel to determine if grade control and/or erosion protection countermeasures need to be included in the design. • Document bed material characteristics by conducting(where possible)a stream gradation pebble count. • Hand measure the channel bankfull top width of the active channel in at least 10 locations. The bankfull width is required to determine the replacement structure width required to meet Washington State Department of Fish and Wildlife (WDFW) "Stream Simulation" culvert design criteria.The minimum width of a stream simulation culvert is determined using the formula: Wculvert bed = 1.2*Wchannel +2 feet Where: Wchannel =the width of the bankfull channel Assumptions: • Field work for both sites will be completed on the same day, and will correspond with the project kick off meeting with Sargent and the County. 3.1.3 Topographic Survey The County will collect topographic survey at each site. WSE will work with Sargent to make sure the data required to support the hydraulic design is collected. 3.1.4 Hydrology Each crossing will need to be designed to meet both WDFW requirements for fish passage and the Washington State Department of Transportation (WSDOT) Hydraulics Manual(to be confirmed with 9/30/2019 Exhibit A-1 Scope of Work Page 3 of 13 County). Assuming WSDOT standards are to be used and assuming each culvert will have a natural stream bed, each crossing will need to: • Pass the 25-year flood with one foot of freeboard between the water surface elevation and the top of the culvert. • Pass the 100-year flood without the water surface elevation exceeding the height of the culvert. WSE will determine the 25-year and 100-year annual instantaneous peak flood frequency design discharges using available stream gaging flow records (if they exist), flow data from a neighboring stream with similar basin characteristics transposed to the project stream, or published USGS regional regression equations. 3.1.5 Hydraulic Analysis WSE will construct a HEC-RAS model of the road crossing, channel and adjacent floodplain, to evaluate existing hydraulic conditions at each site. Model development will be based on available channel survey supplemented with LiDAR, and model parameters will be refined using site observations and engineering judgment. The models will be modified to test different culvert configurations to determine the optimal size and shape that meets fish passage and hydraulic capacity design requirements. Model results will also be used to aid in the assessment of channel stability and scour potential, and in the design of scour and erosion countermeasures if they are required. 3.1.6. Culvert and Channel Design WSE will work with Sargent to identify the appropriate culvert replacement type and configuration for each crossing. In addition to sizing the structures, WSE, with input from Sargent, will develop stream channel designs—channel cross section dimensions, streambed material type and gradation, grade control features, and large woody debris elements. WSE will provide specifications for these elements where appropriate. Sargent will develop the detailed plan sheets and specifications. 3.1.7.Channel Stability and Erosion Countermeasure Design WSE will use the hydraulic data,together with review of existing data and observations made during the site inspection,to determine if channel stability(scour and erosion)and/or sediment deposition will likely be a concern at the crossings. To the extent possible,WSE will design culvert crossings that will not need significant scour and erosion protection. However, if countermeasures are needed, WSE,with input from Sargent,will prepare concept sketches and general specifications. Sargent will develop the detailed plan sheets and specifications. 3.1.8. Hydraulic Design Report WSE will prepare a concise technical report that will document the methods and results of the investigation. WSE will submit a draft report to Sargent and the County for review. Upon receipt of comments,WSE will prepare a final report. Deliverables: • A draft hydraulic report will be provided for the County to review and comment on. • A final hydraulic report will be provided that addresses comments. 9/30/2019 Exhibit A-1 Scope of Work Page 4 of 13 3.1.9. Project Meetings WSE will participate in a project kick off meeting with Sargent and County staff. This meeting will be held in conjunction with the field reconnaissance site visit. In addition,WSE will participate in up to five phone calls with the project team to discuss design details. 3.1.10.Administration WSE will conduct standard project administrative duties including schedule management and refinement, staff resource planning,and preparation of monthly invoices with brief progress reports to Sargent. TASK 4—GEOTECHNICAL ENGINEERING Sargent and its geotechnical subconsultant, Aspect Consulting, will perform the following tasks to develop design recommendations for the structure foundations at the project sites. 4.1 Site Reconnaissance Aspect will coordinate and execute a 1-day geologic reconnaissance of the sites to observe and evaluate surface conditions as well as to plan the subsurface explorations for the project. Prior to the reconnaissance Aspect will complete a detailed data review of the site that will include available published geology maps, geologic hazard maps, local well logs, soil surveys, light detection and ranging(LiDAR), aerial imagery, and topographic maps for the site area. The reconnaissance will be performed by traversing the accessible areas near each crossing and noting visible geologic features such as outcrops, scarps, vegetation patterns, drainage characteristics, erosion and landslide characteristics, and springs. Near-surface conditions will be probed and explored with hand tools near the upstream and downstream ends of each undercrossing. Subsurface exploration locations will be marked in white paint on the pavement at W. Valley Road; and with wood stakes and flagging at Gibbs Lake Road, and a subsurface exploration plan will be developed and delivered for review and approval by Jefferson County. The subsurface exploration plan will include designated types of equipment, access, exploration locations, anticipated exploration depths, and likely traffic control requirements. Deliverables: • Subsurface Exploration Plan for County review and approval. 4.2 Subsurface Explorations Aspect will coordinate and execute a 2-day subsurface exploration program, consisting of two machine drilled borings at W. Valley Road; and up to four excavator test pits at Gibbs Lake Road. Below roadway embankment fill, subsurface conditions at W.Valley Road are anticipated to consist of alluvium over advance outwash (soil). At Gibbs Lake Road, bedrock is expected to underlie road fill and recent alluvium. 9/30/2019 Exhibit A-1 Scope of Work Page 5 of 13 At W. Valley Road the soil borings will be located along the paved roadway where accessible with a truck-mounted drilling rig. The borings will be advanced using hollow stem auger, or mud rotary drilling methods techniques and disturbed samples will be obtained in accordance with Standard Penetration Test (SPT) methods. Each boring will be drilled to a target depth of 40 feet below the roadway. At Gibbs Lake Road, the excavator test pits will be advanced near the active stream channel but outside of ordinary high water at accessible locations. The test pits will be excavated with a tracked machine that can easily dig to a depth of 15 feet. Each test pit will be advanced to bedrock or until significant caving, whichever comes first. On completion each test pit will be backfilled with excavated soil, tamped into place with the excavator bucket. Some ground subsidence should be expected at each test pit. Prior to executing the field work, Aspect will use the public one-call utility locating service to clear the public right of way for known underground utilities. At W.Valley Road, one of the two borings will be completed with an open standpipe piezometer to facilitate groundwater monitoring during the project design. Assumptions: • Right-of-entry, coordination with adjacent landowners(s), and right-of-way permits to be provided by the County, if necessary. • The County will provide any available drawings or records related to utility locations and details at the site. Aspect does not assume responsibility for the cost of repairing utilities that are unmarked or incorrectly marked. • At W. Valley Road the borings will be drilled from the existing paved roadway where accessible by a truck-mounted drill rig.The one piezometer will be completed at the surface with an 8-inch diameter, flush-mounted, traffic-rated bolted monument cover. The other boring will be backfilled per Washington State regulations and patched to match the surrounding conditions. Drill cuttings will be discreetly disposed of on site. • At Gibbs Lake Road the excavator test pits will be dug and backfilled at accessible locations outside of the active stream channel. The excavator test pits will be backfilled using excavated soil, tamped into place by the excavator bucket. Future ground subsidence should be expected. • Drilling and test pitting can be accomplished during normal daylight work hours. One lane may be temporarily closed to facilitate the field work. • Traffic control and flagging, if required,will be provided by the County. 4.3 Laboratory Testing Soil samples retrieved from the borings and test pits will be retained for further examination and visual/manual classification. Selected soil samples will then undergo geotechnical engineering testing to determine index and engineering properties. Laboratory tests will likely include natural moisture content,grain size distribution, and Atterberg Limits. 4.4 Geotechnical Engineering Analyses 9/30/2019 Exhibit A-1 Scope of Work Page 6 of 13 For each of the Sites,Aspect will conduct geotechnical engineering analyses in support of the feasible culvert replacement alternatives. It is understood that W. Valley Road could be constructed with a full roadway closure; however, Gibbs Lake Road would need to maintain one lane of traffic throughout construction. Aspect will complete geotechnical engineering analyses with respect to soil liquefaction susceptibility,foundations,temporary excavations and shoring,construction staging strategies at Gibbs Lake Road, construction dewatering, abutment and wing wall design (if needed), approach fills, and earthwork. 4.5 Geotechnical Reporting and Design Support Aspect will prepare preliminary geotechnical reports for each Site, providing a summary of geotechnical and geologic conditions, a geologic cross section, boring logs, and laboratory test results. The reports will include preliminary conclusions and recommendations to help inform the alternative evaluation. Aspect will participate in one brief TS&L workshop to review and discuss geotechnical/structural design and construction considerations. After each structure type is selected,Aspect will issue final geotechnical engineering reports for each Site. Assumptions: • Preliminary geotechnical analyses will be used to inform the preferred culvert replacement alternative. • Once the final structure types have been determined, additional geotechnical analyses will be done as needed. The final geotechnical engineering report will provide design and construction recommendations in support of the detailed PS&E for each structure. The project design will be in general accordance with the applicable Washington State Department of Transportation (WSDOT) and American Association of State Highway and Transportation Officials (AASHTO) criteria. Deliverables: • Preliminary and Final Geotechnical Engineering Reports for each Site. TASK 5—CRITICAL AREAS RECONNAISSANCE AND REPORT Sargent and/or its environmental subconsultant, Widener and Associates (Widener) will conduct a site reconnaissance to identify critical areas at the two crossings. Widener will provide a general property assessment to determine if wetlands and critical areas are present on the property, along with potential critical habitat and listed species. If none are found, a report will be submitted confirming the absence of wetlands,which may be used for permitting purposes. When wetlands or other critical areas are located, then the general location and estimated buffer size will be described in a report to assist in evaluating the corridor. Based on the reconnaissance, Widener will prepare a report that includes critical areas estimated boundaries, if present, potential impacts from project actions, and recommendations for critical areas, wetland delineation and/or mitigation if required and alternative mitigation assessments. The 9/30/2019 Exhibit A-1 Scope of Work Page 7 of 13 information in this report is intended for use in preliminary assessment of compliance with Section 404 of the Clean Water Act and County Critical areas code. Deliverables: • A draft report describing presence of critical areas and ESA concerns, along with a discussion of mitigation and avoidance for various build alternatives. • A final report that addresses comments. TASK 6-CIVIL/STRUCTURAL ENGINEERING Sargent Engineers will perform the following tasks to develop options for the replacement structures and construction staging, develop bid/construction ready plans, technical specifications, and construction cost estimates, as well as coordinate the work of the subconsultant design team. 6.1 Site Reconnaissance and Data Collection Sargent staff will visit the sites to collect information regarding existing/adjacent structures and other site features that may impact the project. The County-provided survey will be imported and used as a base map for the project. Assumptions: • Base mapping and survey provided by County in AutoCAD or Civil 3D format. File to include topographic contours and TIN used for contour generation. 6.2 Alternatives Study Based on the site topography, hydraulic analysis, geotechnical analysis, and environmental constraints identified by the above work tasks, Sargent Engineers will develop two options for the replacement structure at each site. The study will evaluate the options with respect to structure configuration, construction staging, traffic impacts, construction cost, and durability. The WSDOT Bridge Design Manual and AASHTO LRFD Bridge Design Specification will be used as the basis of the crossing structure design requirements. Assumptions: • Options will be developed for the Gibbs Lake culvert that maintain one-lane of alternating traffic during construction. • Options will be developed for the W. Valley Road culvert assuming the roadway can be closed during construction. 6.3 Conceptual and Preliminary Design Reports The options will be presented initially in a conceptual design report, and then further developed in a preliminary design report that identifies the pros/cons and estimate of construction cost for each crossing structure. The reports will describe the projects, compare alternative structures, provide budgetary cost estimates, and provide our recommendations for the County to review. A concept level drawing will be prepared for each alternative showing the plan, elevation and section views, as 9/30/2019 Exhibit A-1 Scope of Work Page 8 of 13 well as any required construction sequence. The reports will follow WDFW/RCO Manual 22 - Fish Passage Barrier Removal Board Grant Program requirements. Deliverables: • Draft conceptual and preliminary design reports will be provided for the County to review and comment on. • Final conceptual and preliminary design reports will be provided that address County comments. 6.4 Permitting Figures and Data Following alternative selection and acceptance of the Preliminary Design Report by the FBRB,Sargent will prepare the permit figures in format suitable for submission to the USACE/WDFW (JARPA figures). The figures will be in 8.5"x11" size and will show existing/proposed features in sufficient detail to convey the scope of the improvements. Approximate construction quantities will be provided to support the permit application process. The permitting figures and data can be provided either separately for each site, or combined for both sites, depending on how the replacements will be permitted. Deliverables: • JARPA figures and quantities. 6.5. Construction Documents Sargent will complete the civil design aspects of the project and develop the plan and profile location of the roadways and structures. Roadway improvements will be minimal, involving only minor adjustments to the horizontal and vertical alignments as needed to complete the culvert replacements, and roadway widening as needed to meet current design standards and installation of traffic guardrail as appropriate. Roadway design will follow Jefferson County and/or WSDOT Local Agency Guideline standards. Stormwater improvements are not anticipated for either site. Sargent will complete the structural design aspects of the project. Pre-manufactured culvert/buried bridge components are expected at both sites. Sargent will select/specify appropriate components to span the creek,and will complete the structural design of the foundations and any retaining walls needed for the new structures. Structural design will be completed per the current AASHTO LRFD Bridge Design Manual. Sargent will prepare the constructin plans for the project. It is anticipated that separate plans sets will be developed for each site, and will include a cover sheet, quantities sheet, roadway plan and 9/30/2019 Exhibit A-1 Scope of Work Page 9 of 13 profile sheet, stream/culvert plan and profile sheet, typical roadway/stream sections sheet, structure layout and foundation plan sheet, structural details sheets, and conceptual TESC sheet. Sargent will provide specifications related to consultant design work to be included in the Technical Specifications section of the bid documents. WSDOT General Special Provisions will be utilized as much as possible,and project-specific specifications will be developed in similar format. Sargent will also provide quantities and cost estimates for the new structures following WSDOT Standard Items. Deliverables: • Plans, technical specifications, and cost estimates will be delivered at the 90% level for County review and comment. Periodic informal submittals will be made as needed leading up to the 90% submittal to convey design progress and elements needing County input. • Final plans, technical specifications, and cost estimates will be delivered that will incorporate comments on the 90%submittal. 6.6 Final Design Report The preliminary design report will be revised to address stakeholder comments and permitting results, and to describe key items identified during final design and how they were resolved. The report will follow WDFW/RCO Manual 22 - Fish Passage Barrier Removal Board Grant Program requirements. Deliverables: • A draft final design report will be provided for the County to review and comment on. • A completed final design report will be provided that address County comments. TASK 7—ENVIRONMENTAL DOCUMENTATION AND PERMITTING Widener and Associates will provide the following services as a subconsultant to Sargent to provide the coordination,analysis and documentation necessary to complete the required permitting of the proposed work in accordance with federal and state requirements. 7.1 Coordination with Agency Prior to beginning work,Widener will coordinate with County staff and state and federal agencies as necessary to identify the specific permitting and documentation requirements and develop a strategy for completing them. Deliverables: • Memoranda documenting the coordination activities with state and federal agencies. 7.2 Biological Evaluation Widener will prepare a Biological Evaluation (BE) for the completed work in accordance with USACE requirements. The following subtasks will be undertaken in preparation of the project BE. 9/30/2019 Exhibit A-1 Scope of Work Page 10 of 13 7.2.1 Collect available documentation concerning the project activities that have been completed and pertinent biological information. Biological information will include priority habitat and species data from the Washington State Department of Fish and Wildlife along with rare plant and high-quality ecosystem data from WDNR. This information will be reviewed, and a consultation strategy will be developed. 7.2.2 Initiate informal consultation with United States Fish and Wildlife Service (USFWS) and National Oceanographic and Atmospheric Administration (NOAA) Fisheries by preparing written requests for lists of endangered, threatened, proposed, and candidate species. 7.2.3 Conduct a field reconnaissance to investigate on-site habitat conditions. 7.2.4 Make telephone contact with the appropriate resource agency staff for input on species occurrence, habitat use, and potential project impacts. 7.2.5 Prepare a draft BE addressing listed species, proposed species,candidate species,species of concern, and critical habitat. The BE will include a project description, a list of species, a description of the species and their habitat,and an analysis of project effects. 7.2.6 Provide the draft BE to the County. The County will review the draft BE and also transmit it to USACE for review and approval. 7.2.7 Revise the BE, as appropriate, and submit the final BE to the County. The County will transmit the final BE to UASACE. USACE will determine lead federal agency status and will directly conduct the consultation with USFWS and NOAA Fisheries to negotiate any mitigation measures and concurrence. Deliverables: • One electronic PDF of a draft BE for review by County. • One electronic PDF of a draft BE, incorporating the County's comments, for submittal to USACE. • Three copies of a final BE that incorporates all comments. 7.3 Joint Aquatic Resource Permit Application (JARPA) If the County assigns preparation of permits to the Consultant, Widener will prepare a draft JARPA for County review. After receiving review comments,Widener will finalize the JARPA for submission to USACE. Deliverables: • Draft and final JARPA which will include 401,404& HPA 9/30/2019 Exhibit A-1 Scope of Work Page 11 of 13 EXHIBIT B For Naylors Creek Culvert Replacements West Valley Road MP 2.55 Gibbs Lake Road MP 1.79 Conceptual Design thru Final Design Documents Payment Task 1 Prime Consultant - Project Management, Meetings $5,986 Task 2 Site Survey (completed under a separate agreement) $0.00 Task 3 Hydraulic Analysis $29,090 Task 4 Geotechnical Engineering $39,332 Task 5 Critical Areas Reconnaissance and Report $7,806 Task 6 Civil/Structural Engineering Subconsultant Coordination, Meetings and Travel $4,255 Conceptual and Preliminary Design and Reports $28,753 Final Design and Reports $47,885 Task 7 Environmental Documentation Agency Coordination & Biological Evaluation $18,611 JARPA and Other Permits (if assigned to Consultant) $9,235 TOTAL $190,953 Hourly Rates and Other Charges Sargent Engineers. Inc Principal Senior Project Engineer Project Engineer Design Engineer $177.31 $140.51 $132.14 $110.40 Watershed Science and Engineering Principal Sr. Eng. I Sr. Eng. II Staff Eng. Jr. Eng. Eng. Intern Contract Admin. $214.34 $192.90 $157.69 $122.47 $107.15 $85.98 $103.49 9/30/2019 Exhibit A-1 Scope of Work Page 12 of 13 Aspect Consulting Principal 1 Project 2 Staff 3 Staff 2 Sr. CAD Coordinator 2 $239.00 $155.00 $134.00 $121.00 $130.00 $98.00 Drilling/Excavation Equipment West Valley Rd. $5,750 Gibbs Lake Rd. $1,725 Soil Sample Testing $1,725 Widener & Associates Project Manager Project Biologist $154.00 $86.80 Other Charges Travel Costs will be reimbursed at applicable mileage rates or other costs 9/30/2019 Exhibit A-1 Scope of Work Page 13 of 13 A ® DATE(MMIDD/YYYY) CERTIFICATE OF LIABILITY INSURANCE 10/8/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Sarah Fish Hall&Company PHONE FAX 19660 10th Ave NE IA/C,No.Exti:360-626-2961 (A/c,No):360-626-2961 - E-MAIL Poulsbo WA 98370 ADDRESS: sfish®hallandcompany.com INSURERS)AFFORDING COVERAGE NAIC# INSURER A:US Specialty Insurance Company 29599 INSURED SARGENG-02 INSURER B:The Travelers Indemnity Company 25658 Sargent Engineers Inc INSURER C:The Travelers Indemnity Company of America 25666 320 Ronlee Lane NW Olympia WA 98502 INSURERD: _ INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:545844730 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRPOLICY EXP TYPE OF INSURANCE ADDL Syy fD I POUCY NUMBER I(M DPOUD/YYYY)Y EFFI(MDD/YYYYI UMITS B X COMMERCIAL GENERAL LIABILITY 6801N687340 2/21/2019 2/21/2020 EACH OCCURRENCE $2,000,000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES(EaENTED occurrence) S 1,000,000 MED EXP(My one person) _ S 10,000 PERSONAL&ADV INJURY $2,000,000 GEM_AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY X IECOT- LOC PRODUCTS-COMP/OP AGG $4,000,000 OTHER: $ B AUTOMOBILELIABIUTY BA1N689369 2/21/2019 2/21/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S OWNED SCHEDULED BODILY INJURY(Per acadent) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B X UMBRELLAUAB X OCCUR CUPIN690983 2/21/2019 2/21/2020 EACH OCCURRENCE $2,000,000 EXCESS Lab CLAIMS-MADE AGGREGATE S 2,000,000 DED RETENTIONS S C WORKERS COMPENSATION 6801N687340 2/21/2019 2/21/2020 PER STATUTE X EH TWA Stop Gap AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVEN/A E.L.EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under - - DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 A Professional Liab;Claims Made USS1929942 8/16/2019 8/16/2020 Per Claim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured per the attached. Project: Naylors Creek Culvert Replacements Jefferson County is/are an Additional Insured on the Commercial General Liability and Auto Liability when required by written contract or agreement regarding activities by or on behalf of the Named Insured.The Commercial General Liability insurance is primary insurance and any other insurance maintained by the Additional Insured shall be excess only and non-contributing with this insurance.A waiver of subrogation applies to the Commercial General Liability,Auto Liability,Umbrella/Excess Liability and Workers Compensation/Employers Liability in favor of the Additional Insured. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Jefferson County ACCORDANCE WITH THE POLICY PROVISIONS. 623 Sheridan Street Port Townsend WA 98368 AUTHORIZED REPRESENTATIVE USA 0,8144-9°%itilftt ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD BA1 N689369 Sargent Engineers Inc COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following replaces Paragraph A.5., Transfer of required of you by a written contract executed Rights Of Recovery Against Others To Us, of the prior to any "accident" or"loss", provided that the CONDITIONS Section: "accident" or "loss" arises out of the operations 5. Transfer Of Rights Of Recovery Against Oth- contemplated by such contract. The waiver ap- ers To Us plies only to the person or organization desig- We waive any right of recovery we may have nated in such contract. against any person or organization to the extent CA T3 40 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM The following is added to the Paragraph A.1.c., Who occurs and that is in effect during the policy period, to Is An Insured, of SECTION 11- COVERED AUTOS be named as an additional insured is an "insured" for LIABILITY COVERAGE: Covered Autos Liability Coverage, but only for dam- Any person or organization who is required under a ages to which this insurance applies and only to the written contract or agreement between you and that extent that person or organization qualifies as an "in- person or organization, that is signed and executed sured" under the Who Is An Insured provision con- by you before the"bodily injury"or"property damage" tained in SECTION II. CA T4 37 02 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 1 Includes copyrighted material of Insurance Services Office,Inc.with its permission. 6801 N687340 Sargent Engineers Inc COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II —WHO IS h. This insurance does not apply to "bodily AN INSURED: injury" or "property damage" caused by "your Any person or organization that you agree in a work" and included in the "products- "written contract requiring insurance"to include as completed operations hazard" unless the an additional insured on this Coverage Part, but: "written contract requiring insurance" specifically requires you to provide such a. Only with respect to liability for"bodily injury", coverage for that additional insured, and then "property damage"or"personal injury": and the insurance provided to the additional b. If, and only to the extent that, the injury or insured applies only to such "bodily injury" or damage is caused by acts or omissions of "property damage"that occurs before the end you or your subcontractor in the performance of the period of time for which the "written of "your work" to which the "written contract contract requiring insurance" requires you to requiring insurance" applies, or in connection provide such coverage or the end of the with premises owned by or rented to you. policy period, whichever is earlier. The person or organization does not qualify as an 2. The following is added to Paragraph 4.a. of additional insured: SECTION IV — COMMERCIAL GENERAL c. With respect to the independent acts or LIABILITY CONDITIONS: omissions of such person or organization; or The insurance provided to the additional insured d. For "bodily injury", "property damage" or is excess over any valid and collectible other "personal injury" for which such person or insurance, whether primary, excess, contingent or organization has assumed liability in a on any other basis, that is available to the contract or agreement. additional insured for a loss we cover. However, if you specifically agree in the "written contract The insurance provided to such additional insured requiring insurance" that this insurance provided is limited as follows: to the additional insured under this Coverage Part must apply on a primary basis or a primary and e. This insurance does not apply on any basis to non-contributory basis, this insurance is primary any person or organization for which to other insurance available to the additional coverage as an additional insured specifically insured which covers that person or organizations is added by another endorsement to this as a named insured for such loss, and we will not Coverage Part. share with the other insurance, provided that: f. This insurance does not apply to the rendering of or failure to render any (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and "professional services". (2) The "personal injury" for which coverage is g. In the event that the Limits of Insurance of the sought arises out of an offense committed; Coverage Part shown in the Declarations exceed the limits of liability required by the after you have signed that "written contract "written contract requiring insurance", the requiring insurance". But this insurance provided insurance provided to the additional insured to the additional insured still is excess over valid shall be limited to the limits of liability required and collectible other insurance, whether primary, by that "written contract requiring insurance". excess, contingent or on any other basis, that is This endorsement does not increase the available to the additional insured when that limits of insurance described in Section III — person or organization is an additional insured Limits Of Insurance. under any other insurance. CG D3 81 09 15 ©2015 The Travelers Indemnity Company.All rights reserved. Page 1 of 2 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission r COMMERCIAL GENERAL LIABILITY 3. The following is added to Paragraph 8., Transfer 4. The following definition is added to the Of Rights Of Recovery Against Others To Us, DEFINITIONS Section: of SECTION IV — COMMERCIAL GENERAL "Written contract requiring insurance" means that LIABILITY CONDITIONS: part of any written contract under which you are We waive any right of recovery we may have required to include a person or organization as an against any person or organization because of additional insured on this Coverage Part, payments we make for "bodily injury", "property provided that the "bodily injury" and "property damage" or "personal injury" arising out of "your damage" occurs and the "personal injury" is work" performed by you, or on your behalf, done caused by an offense committed: under a "written contract requiring insurance" with that person or organization. We waive this right a. After you have signed that written contract; only where you have agreed to do so as part of b. While that part of the written contract is in the "written contract requiring insurance" with effect; and such person or organization signed by you before, and in effect when, the "bodily injury" or c. Before the end of the policy period. "property damage" occurs, or the"personal injury" offense is committed. Page 2 of 2 ©2015 The Travelers Indemnity Company.All rights reserved. CG D3 81 09 15 Includes the copyrighted material of Insurance Services Office,Inc.,with its permission