HomeMy WebLinkAboutLords Lake Right of Way Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer
Agenda Date: October 14, 2024
Subject: Supplemental Agreement No. 1 with Van Alter Surveying for Lords
Lake Loop Road MP 1.6 Slide Repair, Project No. 18020850
Statement of Issue: Supplemental Agreement No. 1 to the Professional Services
Agreement (PSA) executed on March 7, 2022 with Van Alter Surveying of Carlsborg,
Washington.
Analysis/Strategic Goals/Pro's Et Con's: Public Works is designing a repair for the
slide at Lords Lake Loop Road MP 1.6 that occurred in December 2020. The road is
currently reduced to one lane alternating traffic. The repair will realign the road
away from the slide and re-establish two lanes of travel. The repair is being funded
by FEMA and Washington State Emergency Management Dept. The original PSA with
Van Alter Surveying was for a topographical and right-of-way survey. Supplement No.
1 is for right-of-way staking, assistance in preparing right-of-way plans, and
construction staking.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under the
original agreement was $10,000. Supplement No. 1 will increase the maximum
amount payable by $8,455 to $18,455. This will be funded at 90% by FEMA, 5% by
Washington State and 5% by the County Road Fund.
Recommendation: Public Works recommends that the Board execute all three (3)
originals of Supplemental Agreement No. 1 with Van Alter Surveying, and return two
(2) originals to Public Works for further processing.
Department Contact: Mark Thurston, P.E., Project Manager, 385-9160.
Reviewed By:
Mark McCauley(/County Administrat Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Van Aller Surveying Contract No:
Contract For: Lords Lake Loop Road MP 1.6-ROW and Construction staking Term: —, l
COUNTY DEPARTMENT: Public Works
Contact Person: Mark Thurston,Chris Spall
Contact Phone: Ext.210,EM 208
Contact email: mthurston@co.jeNerson.wa us,cspail@co.jetterson.wa us
AMOUNT: $8,455.00 PROCESS: Exempt from Bid Process
Revenue: 1800000010.33397.01.2085 Cooperative Purchase
Expenditure: 545 Competitive Sealed Bid
Matching Funds Required: yes Small Works Roster
Sources(s) of Matching Funds FEMA(75%)Wash.State(12.5%) Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj ✓ Other: Contract Supplement
APPROVAL STEPS:
STEP l: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: Q N/A: e6y-z 9,- /7-2¢
ignature 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.
CERTIFIED: a N/A:
ignature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserliche):
Electronically approved by Risk Management on 9/27/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserl;che):
i
Electronically approved as to form by PAO on 10/2/2024.
Pre-approved contract 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
Supplemental Agreement Number: 1 Organization,Address, and Phone:
Van Aller Surveying
P.O. Box 757
Agreement Number: Carlsborg, WA 98324
Project Number Execution Date: Completion Date:
18020850 March 7, 2022 None specified
Project Title Lords Lake Loop Road MP 1.6 New Maximum Amount Payable:
Slide Repair and Shine Road MP 0.84 Slide $18,455.00
Repair
Description of Work:
This work consists of right-of-way staking, assistance in preparing right-of-way plans, and
construction staking for the Lords Lake Loop MP 1.6 Slide Repair.
SUPPLEMENTAL AGREEMENT
The Local Agency of Jefferson County Public Works hereby amends the agreement with Van Aller
Surveying("the Agreement"), executed on March 7, 2022.
All provisions in the Agreement remain in effect, except as expressly modified by this
Supplemental Agreement.
The changes to the Agreement are described as follows:
I.
The Scope of Work is here amended to include right-of-way staking and construction staking as
described in the attached Exhibit A and Exhibit B.
III.
The Budget is hereby amended to increase the maximum amount payable from $10,000.00 to
$18,455.00. Exhibit B includes a budget breakdown.
Supplemental Agreement(to A&13) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 1 of
This Supplemental Agreement shall be effective upon execution by both parties. Work performed
consistent with the Agreement prior to execution of this Supplemental Agreement is hereby ratified.
In witness whereof,the parties hereto have executed this Supplemental Agreement Number 1 as
shown below.
COUNTY OF JEFFERSON
(Consultant Firm Name) BOARD OF COMMISSIONERS
Van Aller Surveying
Consultant's Name (Please print) Kate Dean,District 1 Date
flnA-� Zv -k G
Consultant's Signature Heidi Eisenhour, District 2 Date
10/0 YA`f
Date Greg Brotherton, District 3 Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief C' Prosecuting Attorney
to e' ers,P.E. Date
Public Works Director/County Engineer
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Pagc 2 of
EXHIBIT A
SCOPE OF WORK
Location of Project: Jefferson County,Lords Lake Loop Road MP 1.72
Project Title: Lords Lake Loop Road MP 1.72 Slide Repair
TASK 1 —Right of Way
Work shall include:
1. Provide staking and/or flagging to delineate the easement boundary determined by Jefferson
County. Locate any trees within the easement area that were not located on the original
topographic survey performed by Van Aller Surveying. The staked/flagged boundary is necessary
for Right of Way negotiations with the landowner, and to perform a timber cruise.
2. Provide legal descriptions of the temporary and permanent easements determined by Jefferson
County. The legal descriptions will be used by Jefferson County in the preparation of easement
agreements, and Right of Way Plans. Easement agreements and Right of Way Plans will be
prepared by Jefferson County.
TASK 2—Construction Staking
Work shall include:
Preparation
1. Coordinate work with Agency.
2. Review of proposed project construction plans and AutoCAD drawings provided by the Agency.
Calculation and preparation of points for construction staking. Uploading of field staking data to
surveying equipment.
3. Establish additional surveying control for construction staking as needed.
Roadway surveying
1. Establish clearing and grubbing limits,placing stakes at all angle points and at intermediate points
not more than 50 feet apart.
2. Establish slope stakes for re-grading of rock slope adjacent to road, necessary for road
re-alignment.
Page 1 of 2
3. Establish centerline of Lords Lake Loop Road new alignment(Station 10+00 to Station 15+71)by
placing hubs, stakes, or marks on centerline or on offsets to centerline at all curve points and at
points on the alignment spaced no further than 50 feet.
4. Establish roadbed surfacing elevations by placing stakes at top of crushed surfacing base course
layer. Surfacing stakes shall be set at horizontal intervals not greater than 50 feet in tangent
sections, and 25 feet in curve sections.
For roadway surveying, surveying accuracy shall be within the following tolerances:
Vertical Horizontal
Slope stakes ±0.10 feet ±0.10 feet
Stationing on roadway N/A ±0.1 feet
Alignment on roadway N/A ±0.04 feet
Surfacing grade stakes ±0.01 feet ±0.5 feet
(parallel to alignment)
±0.1 feet
(normal to alignment)
Page 2 of 2
EXHIBIT B
VAN ALLER SURVEYING
P.O. Box 757
Carlsborg, WA. 98324
(360) 683-3438 Fax (360) 683-3241
PROFESSIONAL SERVICES PROPOSAL
Date: September 16, 2024
Client: Jefferson County Department of Public Works
623 Sheridan Street
Port Townsend, WA 98368
Submitted by: Van Aller Surveying
WA Lic. #35986, Certified Federal Surveyor#1061
P.O. Box 757
Carlsborg, WA 98324
Project: Lords Lake Loop Road MP 1.72
Scope of Services
The work under this proposal consists of all staking necessary to complete construction
staking and Right of Way work for Jefferson County, Lords Lake Loop Road M.P. 1.72
project. The horizontal and vertical datums for the project will be consistent with the work
previously performed by this office at the site.
Tasks to be completed are as follows:
Task 1- Right of Way and Easement staking.
A. Coordinate work
B. Auto cad manipulation and point calculations (uploads)
C. Stake the Easement boundary as determined by the County
D. Prepare Legal Descriptions of the temporary and permanent
Easements
E. Locate trees not previously shot within the Easement area
Task 2- Construction staking:
A. Set clearing limits
B. Slope stake roadway
C. Set centerline grade hubs at top of crushed surfacing layer
D. Miscellaneous staking (as requested by agency or contractor)
Costs:
Task 1- Right of Way and Easement staking $3,250
Task 2- Construction Staking $4,980
Materials (Hubs, lath, whiskers) $225
Project Total: $8,455
Time:
The consultant requires a 2 business day advance notice of staking requests for
scheduling and calculation purposes.
General Requirements:
The consultant shall comply with all Federal, State, and local laws and
ordinances applicable to the work to be done under this proposal. The consultant
shall indemnify and hold the Client, and their officers and employees harmless
from and shall process and defend at its own expense all claims, demands, or
suits at law or equity arising in whole or in part from the consultant's negligence
or breach of any of its obligations under this proposal.
Insurance Coverage:
The consultant during the term of this proposal shall provide the following
Insurance coverages.
A. Worker's compensation and employer's liability insurance as required by the
state.
B. General commercial liability insurance in an amount not less than a single limit
of $1,000,000.00 for bodily
injury, including death and property damage per occurrence.
C. Professional Liability Insurance with limits no less than $2,000,000.00 limit per
occurrence.
D. Automobile Liability insurance with limits no less than $1,000,000.00
combined single limit per accident for bodily injury and property damage.
LIST OF CHARGES FOR PROFESSIONAL SERVICES
Professional services
Classification — Office services
Professional Land Surveyor $125/hr
Survey Technician III $75/hr
Classification — Field Services
Two-Man Survey Crew $205/hr
One-Man $140/hr
Outside Professional Consultants and Services
(when paid by Van Aller) Cost + 5%
PROFESSIONAL SERVICES AGREEMENT FOR
LORDS LAKE LOOP RPOAD M.P. 1.6 SLIDE REPAIR
SHINE ROAD M.P. 0.84 SLIDE REPAIR
THIS PROFESIONAL SERVICES AGREEMENT("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
Van Aller Surveying ("the Consultant"), in consideration of the
mutual benefits,terms, and conditions specified below.
I• Project Designation. The Consultant is retained by the County to perform
Sy evinla and topoaraphic mapping for the Lords lake Loop Road M.P. 1 6 Side Repair
and the Shine Road M.P. 0.84 Slide Repair
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 $ 10,000.00 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 3, Risk Legal Review 6/17/2020 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. The Consultant shall defend, indemnify and hold the County, its
officers, officials,employees, agents and volunteers(and their marital communities)
harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts,errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115,then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant and the County, its officers, officials, employees,
agents and volunteers(and their marital communities)the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Consultant's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
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.
Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 2 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 (l 5)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 13, Version 3, Risk Legal Review 6/17/2020 Page 3 of 10
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
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 3, Risk Legal Review 6/17/2020 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 3, Risk Legal Review 6/17/2020 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 3, Risk Legal Review 6/17/2020 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(l 0)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:
Van Aller Surveyins
P.O. Box 757
Carlsborg, WA 98324
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
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. Sever-ability. 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 3, Risk Legal Review 6/17/2020 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 H, Version 3, Risk Legal Review 6/17/2020 Page 9 of 10
�
DATED this _ day of�/�A rth
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Van Aller Surveying
Name of Consultant Kate bean,District 1
Consultant Representative(Please print) Heidi Fise hour, Distri
C:�.W/? — � � _
(Signature) %VegVotfierton,District 3
pw,1F&
Title
-Z/ Zs1ZZ
Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Mon a Rei ,P. Date
Public (rector/County Engineer
Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10
EXHIBIT A
SCOPE OF WORK
Location of Project: Jefferson County,Lords Lake Loop Road MP 1.6 Slide and Shine Road MP 0.84 Slide
Project Title: Lords Lake Loop Road MP 1.6 Slide Repair and Shine Road MP 0.84 Slide Repair
Maximum Amount Payable Per Task Assignment: To be determined
Completion Date: Within 60 days of Notice to Proceed
Scope of Work:
This work consists of completing surveying and mapping to prepare a base map depicting existing topography and
roadway features at two small landslide locations. Work will also include determining the existing county right of
way and depicting it on the base map developed for each slide location. The information will be used by Jefferson
County to develop and analyze alternatives for restoration of the roadways,and subsequently to develop plans,
specifications,and estimates.
TASK 1—EXISTING CONDITIONS TOPOGRAPHIC BASE MAPS
Topographic and Base Map work shall include:
l. Develop topographic data within the following described areas:
Lords Lake Loop Road MP 1.6 Slide Repair
The anticipated repair for this slide will shift the road centerline approximately 12 feet away from the slide.
Lords Lake Loop Road will be closed during construction, so the preliminary surveying will not need to
include considerations for a bypass for traffic during construction. The roadway realignment is anticipated
to be approximately 400 feet long. Topographic information along the roadway for 300 ft. on each side of
the slide,and extend approximately 15 feet from the paved surface on the stream side and 15 feet from the
existing edge of pavement cut bank side (side away from the stream) shall be mapped. On the side away
from the stream all trees over 6"trunk diameter at 4 feet above ground 45 feet or closer to the existing road
centerline shall be located. LiDAR will be used to generate topography outside the mapped area. These
distances are approximate and may be longer or shorter depending on the terrain. Mapping will be at
sufficient densities to generate 2-foot contours. The ground elevations at the trees and other locations will
be used by the County's staff to determine if the LiDAR generated contours and mapping generated
contour and elevations are on the same horizontal and vertical datum.
Shine Road MP 0.84 Slide Repair
The anticipated repair for this slide will shift the road centerline approximately 12 feet away from the slide.
Shine Road will be closed during construction, so the preliminary surveying will not need to include
considerations for a bypass for traffic during construction. The roadway realignment is anticipated to be
approximately 400 feet long. Topographic information along the roadway for 300 ft. on each side of the
slide,and extend approximately 15 feet from the paved surface on the south(Hood Canal)side and 40 feet
from the existing edge of pavement north side shall be mapped. These distances are approximate and may
be longer or shorter depending on the terrain. Mapping will be at sufficient densities to generate 2-foot
contours.
Page 1 of 2
2. Mapping will include all substantial features including edges of paving, edges of gravel, break lines,
striping, structures, drainage structures, above and below ground utilities, channels, and trees with a dbh
of 4"or larger. Trees need to be located only on the north side of Shine Road and the northeasterly side of
Lords bake Loop Road.
3. Depending on the level of effort required, establish a grid tied (State Plane South), or an assumed
horizontal and vertical control within the project area. Four local control points shall be established in
areas where disturbance from road maintenance activities will not occur and where they can be easily
reoccupied for later work and construction staking as necessary.
4. Prepare hard copies of the existing conditions plan drawing depicting project control, topography
(contours), and other features listed in this scope. Plans shall be prepared in general accordance with the
WSDOT Plans Preparation Manual.
5. Provide all data electronically in an AutoCAD version compatible with current Agency software
(AutoCAD and Civil 3D 2021), for Agency use in developing engineering plans and quantity takeoffs.
6. Develop a digital terrain model for use by the Agency and their Civil engineering consultants in developing
road plans. The digital terrain model shall be provided as a file that can be opened with Civil 3D 2021.
TASK 2—DETERMINE EXISTING COUNTY RIGHT OF WAY
Task 2 will consist of the following items of work:
I. Perform field work and research necessary to establish the existing County right of way and adjacent ownerships
for the two location.
2. Combine the right of way and ownership data with the existing topographical survey prepared under Task 1.
3. Coordinate with Jefferson County to determine if additional permanent and/or temporary right of way is needed
in order to construct the slide repairs. If easements or additional right of way is required, prepare casement or
right of way plans and legal descriptions.
Deliverables:
• Existing County right of way and adjacent ownerships shown on the topographical survey.
FUTURE WORK
The Consultant may be considered for the following future work: Record of Survey, Monumentation,and Construction
Staking.
Page 2 of 2
EXHIBIT B
For
PROFESSIONAL SERVICES AGREEMENT
NAYLORS CREEK CULVERT REPLACEMENTS
LORDS LAKE LOOP RD. MP 1.6 SLIDE REPAIR
SHINE RD. MP 0.84 SLIDE REPAIR
VAN ALLLR SURVEYING
P.O. Box 757
Carlsborg, WA. 98324
(360) 683-3438 Fax (360) 683-3241
LIST OF CHARGES FOR PROFESSIONAL SERVICES
Prices effective January, 2022
Professional services
a) Classification — Office services
Professional Land Surveyor $125/hr
Survey Technician III $75/hr
b) Classification — Field Services
Two-Man Survey Crew $ 195/hr
One-Man $ 140/hr
Outside Professional Consultants and Services
(when paid by Van Aller) Cost + 5%