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PROFESSIONAL SERVICES AGREEMENT FOR
Water Rights Impairment Analysis
Port Hadlock Wastewater Project
THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between
the County of Jefferson, a municipal corporation("the County"), and
Aspect Consulting, LLC ("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
Water rights impairment analysis for the Port Hadlock Wastewater project
r1
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 c-
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$16,500 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 3, Risk Legal Review 6/17/2020 Page 1 of 10
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;
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
Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 3 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 3, Risk Legal Review 6/17/2020 Page 5 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:
Jill Van Hulle
350 Madison Avenue North
Bainbridge Inland, WA 98110
(206) 780-9370
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 3, Risk Legal Review 6/17/2020 Page 7 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 3, Risk Legal Review 6/17/2020 Page 9 of 10
DATED this day of ,'1?n— ,20 2 2 .
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Aspect Consulting,LLC
Name of Consultant Ka ean,District 1
c,„.\.111 )-1(411
Consultant Representative(Please print) H idi Eisenho District 2
are) n ,District 3
Title
P-1 za a-
Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C.Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
3 • /4�
Monte Reinders,P.E. Date
Public Works Director/County Engineer
Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10
• .
Aspect
-CONSULTING ExhibitA
Contract Order
Date: March 15, 2022
Client: Jefferson County Public Works
623 Sheridan Street Contract No.: 1
Port Townsend, WA 98368
Project No.: 220093
Project Name: Port Hadlock Wastewater System
Subject: Reclaimed Water—Water Right Impairment Analysis
Description of Work Cost
We understand that Jefferson County is developing a wastewater treatment to service Time and Materials
the community of Port Hadlock.The plant will have the ability to produce Class A $16,500
reclaimed water, and this water will be beneficially use for aquifer recharge via a
groundwater infiltration pond.Jefferson County has requested that Aspect Consulting
LLC (Aspect)prepare a Water Right Impairment Analysis, as required under RCW
90.46.130 and WAC 173-219-090.
We propose the following task, as needed to complete the Impairment Analysis:
• Review the Department of Ecology's records to identify water rights that
could potentially be affected by the County's proposed treatment plan.
• Identify and discuss regulatory status of WRIA 17 and describe how the
proposed project will affect any relevant surface water bodies.
• Develop a site conceptual model that characterizes surface/groundwater
interactions and how project will change water movement.
• Provide analytical support for the conceptual model, and quantify how the
project will change the water balance of the affected area and any impacts
on streamflow and existing users.
• Prepare a technical memo with findings for inclusion in sewer facility
plan.
This contract order incorporates the attached Terms and Conditions and Schedule of Charges. Except as
amended above, these terms, conditions, and rates apply to this contract order.
ASPECT CONSULTING,LLC By:
a limited liability company Print Nam : Jill Van Hulle
Sr. Associate Water Rights Specialist
By:
CLIENT
Printed Name/Date:
V:\220093 Port Hadlock\Contracts\Proposal Material\C001_rev01_20220315_220093.docx
OFFICE LOCATIONS
WASHINGTON:Bainbridge Island I Bellingham I Olympia I Seattle I Wenatchee I Yakima
OREGON:Bend i Portland
Exhibit B Aspect
.0 f)NS IITING
TetraTech - Pt. Hadlock Water Right Impairment Assessment
Project Management Plan ifrF r
Job Number: 220093
Project Manager: Jill Van Hulle
Subconsultant Markup: N/A Rate Schedule 2022 Aspect Standard
Labor Budget Basis in Hours
Van Hulle Austreng Lauer Mullen Manatee Valdez Other
Sr. Coordinator Total Direct
Associate Associate Staff 3 Staff 3 2 Coordinator 2 Labor Charges
Task Work Element 4 .� x + ; , fl: � :r f : .. rf , .yBudget (ODC)
1 Task I-Water Right Investigation
1 Address Regulatory Issues/WAC 173-517 2 4 $ 1,120
1 Assess Water Rights/Impact to Senior WR 2 4 $ 1,120
1 Research and Project Approach 2 2 2 $ 1,120
2 Task 2-Nydrogeological Assessment
2 Impacts to Instream flows/WAC 173-517 4 $ 612
Impacts to Water Right,identify and discuss
regulatory status of WRIA 17 and describe
how the proposed project will affect any
2 relevant surface water bodies 4 $ 612
2 Surface/groundwater interaction/Impairment 2 4 $ 1,088
Model expected changes,develop a site
conceptual model that characterizes
surface/groundwater interactions and how
2 project will change water movement. 2 4 8 $ 2,684
3 Task 3-Reporting
Produce technical memo for Ecology with
3 findings for inclusion in sewer facility plan- 4 4 8 I 4 $ 3,793
4 Task 4-Project Management
4 status communications&meetings 4 2 4 $ 2,104
4 contracting/invoices 4 2 $ 1,240
4 archiving and project closure 2 $ 508
Total ,�k�"'.?'f ,,iiff f fr" lr f'rf frf F .�/f'r + ,�
ref.' 7'.%.:.I/�WVA. r4 �.:,,r4A4`, a,, 6. "4,0,'' ' 1 Okco ii;�'f fr f`f1f
?� �it"' t..✓.'/^�„'{lf`..0 f,:�`u,�d r�F,r;.f f , ='aJ�lf,lt>;
Task Budget Summary
Task# Task Title Labor $
1 Task 1-Water Right Investigation $ 3,360 $ 3,500
2 Task 2-Hydrogeological Assessment $ 4,996 $ 5,000
3 Task 3-Reporting $ 3,793 $ 4,000
4 Task 4-Project Management $ 3,852 $ 4,000
Total Project Budget $ 16,001 $16,500
Aspect Consulting,LLC
Page I of I
S:IPon Hadlock-Tetra TechIPMP Pon Hadlock
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, Interim County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: March 28, 2022
Subject: Contract with Aspect Consulting, LLC
Water Rights Impairment Analysis
Statement of Issue: This is a contract with Aspect Consulting, LLC to perform a Water Rights
Impairment Analysis for the Port Hadlock Wastewater project.
Analysis/Strategic Goals/Pro's £t Con's: This analysis is required as part of the process to
obtain a reclaimed water discharge permit from the Department of Ecology.
Fiscal Impact/Cost Benefit Analysis: $16,500. These costs are budgeted for in the 2022
sewer fund and are paid from ARPA funds dedicated by the County to this project.
Recommendation: Please sign three (3) originals of Supplement #3 and return two (2) fully
executed originals to Public Works.
Department Contact: Monte Reinders x242
Reviewed By:
5
Mark McCauley,��-rim County Administr• -or Date
Clear form
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Aspect Consulting,u.c . L(/ZQ - 1
Contract No: wA
Contract For: Water Right Impairment Analysis Term: 12/31/2022
COUNTY DEPARTMENT: Public Works
Contact Person: Monte Retnders
Contact Phone: 360.395.9242
Contact email: mreindersfaco.lefferson.wa.us
AMOUNT: $16,500 PROCESS: — Exempt from Bid Process
Revenue: 16,500(ARPA) Cooperative Purchase
Expenditure: $16,soo — Competitive Sealed Bid
Matching Funds Required: $o — Small Works Roster
Sources(s)of Matching Funds Hadlock Sewer Fund — Vendor List Bid
RFP or RFQ
X Other:A&E
APPROVAL STEPS: —
STEP 1:DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: [} N/A:Q Monte Reinderswt j»,,y
blieftnmuttnuoerect
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. r,o-i.ae..gwn..wn .
Monte Reinders "�uS
OJeejrem County Pup'c Wade.OU.PUMk
CERTIFIED: ✓ N/A: C e `"'e""'w zoz 0Ao
a ,oe a e�n�e mao
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
V Electronically approved by Risk Management on 3/15/2022.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/22/2022.
Pre-approved PSA form. No PAO signature needed.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
1