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HomeMy WebLinkAbout080315_ca03Department 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, P.E., Public Works Director /County Enginee L. Agenda Date: August 3, 2015 Subject: Professional Services Agreement with Clark Land Office for Dowans Creek Road Realignment, County Project No. CR17993, FEMA Disaster No. 1734 -DR -WA Statement of Issue: Professional Services Agreement with Clark Land Office of Sequim, Washington for construction surveying services for the Dowans Creek Road Realignment. Analysis /Strategic Goals /Pro's 8 Con's: The consultant selection process was used to select Clark Land Office for this work. The work will consist of construction staking for the Dowans Creek Road Realignment project, scheduled for August- September, 2015. Fiscal Impact /Cost Benefit Analysis: The maximum amount payable under this agreement is $29,680. Funding for this project is 75% FEMA, 12.5% Washington State, and 12.5% Jefferson County. Recommendation: The Board is requested to sign all three originals of the Professional Services Agreement with Clark Land Office, and return two originals to Public Works. Department Contact: Mark Thurston, P.E., Project Manager, 385 -9160. Reviewed By. / ip MorW, County d trator Date r0- 49 RECEIVED JUL 0 9 2015 PROFESSIONAL SERVICES AGREEMENT FOR Construction Surveying Services Dowans Creek Road Realignment County Project No. CR17993 THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County ", and Clark Land Office of Sequim, Washington, hereinafter referred to as "the Consultant ", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to perform construction surveying services for the Dowans Creek Road Realignment project. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "A ". This agreement shall be effective through December 31, 2015. 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: rev. 3/2015 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 $29,680 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. Page t of 6 4� `I' l 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. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, 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. 8. Insurance. rev. 3/2015 The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; Page 2 of 6 v rev. 32015 b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual /Commercial Liability — including completed operations; d. Premises — Operations Liability (M &C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: • Certificate of Insurance; • Self - insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self - insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self - insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance 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. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. Page 3 of 6 �r The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non - contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. rev. 32015 Page 4 of 6 13. 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. 14. 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. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Public Works 623 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: Clark Land Office P.O. Box 2199 Sequim, WA 98382 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. �. 3,20 15 Page 5 of 6 SIGNATURE PAGE DATED this day of , 20 SIGNATURE PAGE CLARK LAND nPPICP. PT.T.0 Name of Consultant SG a T x., cG R2,C Consultant's R resentative (Please print) Signature) D C"I -r��z Title Date rev. 3/2015 Page 6 of 6 JEFFERSON COUNTY BOARD OF COMMISSIONERS David W. Sullivan, Chair Phil Johnson, Member Kathleen Kler, Member pproved as rit: m only: 3a IS- David Alvarez 0 bate Deputy Prosecuting Attorney — — V t �21' 71,;, w - Monte Rein ers, P.E. Date Public Works Director /County Engineer EXHIBIT A SCOPE OF WORK CONSTRUCTION SURVEYING SERVICES DOWANS CREEK ROAD REALIGNMENT COUNTY PROJECT NO. CR17993 INTRODUCTION This agreement provides for construction surveying services that will be necessary during construction of the Dowans Creek Road Realignment. ADMINISTRATION AND COORDINATION The Consultant will be required to continually coordinate with the Agency the work effort involved in all tasks under this agreement. Work completed under this task shall include the following: A. Provide one -on -one liaison between the Agency Project Manager and Consultant team. B. Provide notification of anticipated delays or problems. C. Provide monthly invoice, which shall include the following: a. Name of each employee that worked on the project in the billing period b. Each employee's job classification c. Each employee's hours worked d. Each employee's hourly wage rate e. Each invoice will also include all direct non -salary costs and copies of supporting invoices or bills. The Agency will disallow all or part of any claimed cost, which is not adequately supported by documentation. D. The Consultant shall coordinate the work effort for this project with the Agency's schedule and the construction activities of the Contractor, through the duration of the project. All construction staking times shall be coordinated through the Agency. Page 1 of 3 CONSTRUCTION STAKING This work consists of providing construction surveying for the items identified in this scope of work for the construction of the project. The Consultant shall perform the necessary surveying to establish horizontal and vertical control of the roadway, to ensure that the project is staked and constructed at the proper location and grades. The Consultant shall coordinate work with the Agency to ensure meeting the Contractor's schedule. The Consultant shall provide professional guidance on procedures and methods involved in this work to the Agency when necessary. The construction staking described below shall apply to the road realignment between Station 10 +00 and Station 49 +68, unless otherwise noted. It is anticipated that the construction staking for this project will require the following work: A. Coordinate work with Agency. B. Review of proposed project construction plans and AutoCAD drawings provided by the Agency. Calculation and preparation of roadway points for construction staking. Uploading of field staking data to surveying equipment. C. Establish additional surveying control for construction staking as needed. D. Set and/or re -set the construction centerline of the alignment by placing stakes or flagging on centerline at points on the alignment spaced no further than 100 feet. Centerline stations will not need to be set between approximate Station 14 +50 and approximate Station 32 +70. Centerline stations were previously set between Station 32 +70 and Station 49 +00 by Johnston Land Surveying (of Port Angeles, Washington) at 100 foot intervals in December, 2014. If the Consultant chooses to reset the existing stakes /flagging, then the same color flagging shall be used for the new staking in order to prevent confusion. E. Set or re -set clearing limits, placing stakes or flagging at all angle points and at intermediate points not more than 50 feet apart. The clearing and grubbing limits shall be 5 feet beyond the toe of a fill and 5 feet beyond the top of a cut unless otherwise shown in the Plans. Clearing limits were previously set between Station 32 +70 and Station 49 +00 by Johnston Land Surveying (of Port Angeles, Washington) at all angle points and a maximum 50 ft. interval in December, 2014. The Consultant shall either remove or reset this flagging. If the Consultant chooses to reset the existing flagging, then the same color flagging shall be used for the new staking in order to prevent confusion. F. Set grading limits, placing slope stakes at centerline increments not more than 50 feet apart. Establish offset reference to all slope stakes. Reference slope stakes to be set at 5 foot offset from all primary slope stakes (or as requested by the Agency's contractor). G. Establish roadbed surfacing elevation by placing stakes at the top of the Crushed Surfacing Base Course layer (final surface). The stakes shall be set at horizontal intervals not greater than 50 feet in tangent sections, and 25 feet in curve sections with a radius less than 300 feet. Stakes shall be placed at the centerline and roadway edges. Stakes shall consist of hubs with whiskers. Page 2 of 3 H. Stake the horizontal and vertical locations of seven proposed culverts. Set offset stakes if required per discussion with the Agency's Contractor. The Consultant shall ensure a surveying accuracy within the following tolerances: Vertical Horizontal Slope stakes ±0.10 feet ±0.10 feet Subgrade grade stakes set 0.04 feet below grade Stationing on roadway Alignment on roadway Surfacing grade stakes ±0.05 feet ±0.5 feet (parallel to alignment) ±0.1 feet (normal to alignment) N/A ±0.5 feet N/A ±0.04 feet ±0.05 feet ±0.5 feet (parallel to alignment) ±0.1 feet (normal to alignment) Page 3 of 3 EXHIBIT B -- FEE DETERMINATION DOWANS CREEK ROAD RELOCATION COUNTY PROJECT NO. CR17993 Date 5/21/2015 Work Description Principal Surveyor $90.00 Crew 2-person $181.00 Technician $80.00 Admin Assistant $50.00 Total Hours Total Cost blTice work: Coordination with Agency cost Included in hourly rates___ Included in hourly rates Included in hourly rates - - -- NIA I $0.00 $90.00 Included in hourly rates $0.00 Review of proposed project construction plans 1 Calculation of roadway points for staking­_ 7 $630.00 Field work: Stake construction centerline -prior fociead-g4 $1081-0.-00 $7,240.00 —10 - Stake clearing limits 40 Stake grading limits with offsets 60 $10,860.00 Stake CSBC surface elevation 40 $7,240.00 Stake culvert locations 10 $1,810.00 Total All Eknvwnts 160 0 0 0 $28,960.00 $0.00 —IF.-00 $29,6801111 1 Reimbursible Expenses Rate Total Item Travel and Per Diem Recordirn Fees plus misc. -reproductions Computer F&wlets­ Communication Sub-Consultants Surve y su Pp les cost Included in hourly rates___ Included in hourly rates Included in hourly rates - - -- NIA I Included in hourly rates $0.00 Total Labor and Direct Costs $29,680.00 F LAND SURVEYING MAPPING DEVELOPMENT CONSULTING CONSTRUCTION SURVEYING June 11, 2015 Jefferson County Public Works Attention: Mark Thurston, P.E. 623 Sheridan Street Port Townsend, WA 98368 Dear Mr. Thurston, 935 North Fifth Avenue • P.O. Box 2199 Sequim, Washington 98382 Office (360) 681 -2161 • Fax (360) 683 -5310 Toll Free 1- 888 -681 -2161 • E-mail. • info @clarkland.com Please consider this letter to be a statement of rates for Clark Land Office PLLC. The rates listed are for Surveying Services for the Dowans Creek Road Realignment in Jefferson County, Washington. Clark Land Office PLLC consists of a staff of six persons with no calculated overhead rates. Our firm charges a flat hourly fee for services that is all - inclusive of direct salary, overhead and fee for Professional Services. We confirm that all direct non salary costs will be invoiced without mark -up. Listed below are the owners or employees that could be authorized to work on this project: • Scot Clark, PLS — Principal Owner /President $ 90.00 • James Almaden, PLS — OwnerNice President $ 90.00 • Knut Orloff — Construction Site Surveyor $ 90.50 • Sean Taylor — Party Chief $ 90.50 • Senior Auto CAD Technician $ 80.00 Please call 360 - 681 -2161 if you have any questions. Sincerely, �t LS Principal Owner/President scot @clarkland.com `v Dowans Creek Road Realignment Consultant Fee Determination — Summary Sheet (Specific Rates of Pay) Fee Schedule DIRECT SALARY COST: "NOTE: These two hourly rates equal the 2 Man Field Crew rate of $181.00 Per Hour on the estimate. DIRECT NON - SALARY COST: Mileage $0.56 /mile Reproduction costs Actual cost Materials Actual cost Hourly Overhead Profit Rate Discipline or Job Title Rate g 000% (a. 00% per Hour Scot Clark, PLS — Principal Owner /President $90.0 0 $00.00 $00.00 $ 90.00 James Almaden, PLS — OwnerNice President $90.00 $00.00 $00.00 $ 90.00 Knut Orloff— Construction Site Surveyor $ 90.50 00.00 $00.00 $ 90.50 ** Sean Taylor - Party Chief $90.50 IQQM SQQA 90.50 ** Senior Auto CAD Technician $ 80.00 $00.00 00.00 $80.00 "NOTE: These two hourly rates equal the 2 Man Field Crew rate of $181.00 Per Hour on the estimate. DIRECT NON - SALARY COST: Mileage $0.56 /mile Reproduction costs Actual cost Materials Actual cost