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HomeMy WebLinkAbout051616_ca02Department 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/County Engineer Agenda Date: 5/16/16 Subject: Geotechnical Consultant Contract - Undie Road Landslide Statement of Issue: Contract for geotechnical consultation on the Undie Road landslide. Analysis/Strategic Goals/Pro's £t Con's: The consultant will examine the cause of the landslide and assist with development of alternative access and/or landslide mitigation measures. Fiscal Impact/Cost Benefit Analysis: $20,600 for this phase. FEMA and State EMD are covering 87.5% of the cost for this work. Recommendation: Please sign the three (3) contracts and return to Public Works for further processing. Department Contact: Monte Reinders, Public Works Director Reviewed By: 4pD Morley,oun ra or Date PROFESSIONAL SERVICES AGREEMENT FOR GEOTECHNICAL/GEOLOGIC REVIEW AND ANALYSIS OF UNDIE ROAD SLIDE AND ROAD RELOCATION THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and GOLDER ASSOCIATES, INC., 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 geologic reconnaissance, evaluation, analysis of the landslide at Undie Road MP 1.2 and potential road relocation options developed by the County. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" - attached hereto, including the provision of all labor. Services performed by Consultant will be conducted in a manner consistent with that level of care and skill ordinarily exercised by other professionals currently practicing under similar conditions in the same location. 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" 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 $20,600 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. 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 CONSULTANT AGREEMENT —GOLDER ASSOCIATES INC. Page I of 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. 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. 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, 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 to the extent occasioned by a negligent act, omission or material failure of the Consultant. 8. Insurance. 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 accident with the COUNTY included as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount of one million dollars ($1,000,000) per occurrence and a aggregate of two (2) times the occurrence amount ($2,000,000.00) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no CONSULTANT AGREEMENT — GOLDER ASSOCIATES INC. Page 2 of 6 limitations on the scope of the protection provided and include the following 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 completed operations; d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be included 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. Consultant shall be solely responsible for any self-insured retention or deductible to the policies and if requested will provide evidence of financial information affirming Consultant's ability to cover such. The Consultant 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 for the coverage required herein 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 required 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 CONSULTANT AGREEMENT — GOLDER ASSOCIATES INC. Page 3 of 6 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. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any such additional insurance required shall be mutually agreed to by both parties prior to implementation. 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. It. 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. CONSULTANT AGREEMENT — GOLDER ASSOCIATES INC. Page 4 of 6 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. 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: Golder Associates Inc. 18300 NE Union Hill Road, Suite 200 Redmond, WA 98052 Attn: Dave Findley 16. Inte arg ted 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. CONSULTANT AGREEMENT — GOLDER ASSOCIATES INC. Page 5 of 6 DATED this SIGNATURE PAGE SIGNATURE PAGE day of Golder Associates Inc. Name of Consultant /f le�vl Consultant's Representative ( lease print) (Sign re, � a Title Date CONSULTANT AGREEMENT — GOLDER ASSOCIATES INC. 20 JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Chair Phil Johnson, Member David W. Sullivan, Member proved as to form only:Z% f 6 I t f aAn - % aL��A David A1vqqz___ bF Date Monte R , P.E. Date Public Works Director/County Engineer Page 6 of 6 Exhibit A — Scope of Work Overview The Consultant will perform geotechnical/geologic review and analysis of Undie Road landslide MP 1.1. The goal will be to develop a general understanding of the geologic processes and conditions that have caused the landslide. This information will be used to determine the feasibility of potential options to slow or arrest the process to protect Undie Road and also make recommendations regarding the location and feasibility of constructing alternative access around the landslide. Task l: Project Management This Task includes work to plan, manage, and administer the work by directing and supervising project staff and coordinating staff work as well as to coordinate the contracting process and prepare progress billings. Progress billings will be submitted monthly. Project management will be provided over a two month period. Task 2: Document and Background Review Consultant will review available information to become familiar with previous work in and around this area to gain a better understanding of the geologic conditions and river conditions. The Consultant will review existing geologic and geotechnical reports from the project vicinity. Reports will be provided by the County. Consultant will contact WSDOT and DNR geologists familiar with the geology of the area to discuss. Consultant will review information provided by the County including topographic mapping, LIDAR, and road realignment options. Consultant will examine available aerial photography of the area including channel migration history of Bogachiel River. This task shall be completed by April 12, 2016. Task 3: Site Evaluation Consultant will visit the site and examine the landslide to gain a better understanding of the geologic processes and extent. Consultant will examine potential road relocation routes developed by the County. Consultant will examine soil conditions in exposures in and around the site to gain an understanding of the site geology. For this phase, no subsurface evaluation will be performed. This task shall be completed by April 12, 2016. Task 4: Initial Analysis and Technical Memorandum Consultant will prepare a Technical Memorandum which addresses the following: • Summarizes observations • Discusses landslide process and what is the likely cause • Discusses various strategies that may be effective/feasible to slow or arrest the slide and discusses strategies that were examined that will not be effective/feasible. Importantly, options of performing in -river work at the toe of the slide shall be addressed. • Evaluates the likelihood of the slide expanding and attempts to define the limits and rate of expansion/propagation upslope. • Examines the road relocation option(s) presented by the County and/or other locations recommended by the Consultant and discusses the advantages/disadvantages of each. Attempts to define the preferred location for a road. Discusses cuts/fills and other construction issues that should be addressed in a road relocation project. • Per WAC 222-10-030 the Memorandum shall address the following required items related to the County's proposal to construct a relocated road on the slope: (a) The likelihood that the proposed forest practices will cause movement on the potentially unstable slopes or landforms, or contribute to further movement of a potentially unstable slope or landform; (b) The likelihood of delivery of sediment or debris to any public resources, or in a manner that would threaten public safety; and (c) Any possible mitigation for the identified hazards and risks. Specific mitigation measures or conditions must be designed to avoid accelerating rates and magnitudes of mass wasting that could deliver sediment or debris to a public resource or could deliver sediment or debris in a manner that would threaten public safety. • The Memorandum will make recommendations regarding additional work, including but not limited to subsurface explorations, which would be useful in further understanding the slide process and analyzing the benefit any of the options discussed in the Memo. Recommendation shall include estimated cost(s) for the work. This task shall be completed by April 29, 2016. Additional Work The Consultant may be considered for additional tasks which may include but not be limited to subsurface exploration, geotechnical slope stability analysis, geotechnical design, preparation of final memorandum for Class IV Special DNR Forest Practice Application. Additional tasks may be assigned by the County through written Change Order. This Contract shall remain in effect until December 31, 2016. This date may be extended through written Change Order. Exhibit B Golder Associates Site Assessment - Undie Rd MP 1.1 to MP 1.2 Rates shall be per the Golder Associates Professional Rate Schedule for Calendar Year 2016 attached. Program Senior Senior Project Leader Consultant Engineer Engineer Total (C7) (C6) (CS) (0) $ 230 $ 205 $ 175 $ 130 Task 1: Project Management 4 4 Task 2: Document & Background Review 8 8 Task 3: Site Evaluation 24 24 48 Task 4: Initial Analysis & Tech Memo 4 24 10 4 42 0 Total Hours: 4 60 34 4 102 Total Cost: $ 920 $ 12,300 $ 5,950 $ 520 $ 19,690 Expenses Lodging $ 250 Per Diem $ 300 Mileage $ 250 Ferry $ 40 Total Expenses: $ 840 Total for Purchase Order #22509 $ 20,530 Rates shall be per the Golder Associates Professional Rate Schedule for Calendar Year 2016 attached. GOLDER ASSOCIATES INC. Redmond, Washington =�_ _ PROFESSIONAL RATE SCHEDULE FOR CALENDAR YEAR 2016 Invoices from Golder Associates Inc. include all labor charges, other direct costs, and costs associated with in-house services. Charges include only those services directly attributable to the execution of the work. Time spent when traveling in the interest of the work will be charged in accordance with the hourly rates. Rates for Professional services related to expert testimony, including time spent in depositions and the preparation and presentations of testimony, are available upon request. Labor charges are based upon standard hourly billing rates for each category of staff. The billing rates include costs for salary, payroll taxes, insurance associated with employment, benefits (including holiday, sick leave, and vacation), administrative overheads, and profit. Rates by labor category are as follows: Billing Personnel Hourly Rate Level Category (U.S.$) C1 Engineer/Scientist $95 C2 Staff Engineer/Scientist $105 C3 Project Engineer/Scientist $130 C4 Senior Project Engineer/Scientist $155 C5 Senior Engineer/Scientist $175 C6 Senior Consultant $205 C7 Practice/Program Leader $230 C8 Senior Practice/Program Leader $250 B1 Admin Support $70 62 Staff Admin Support $80 133 Senior Admin Support $90 T1 Technician $75 T2 Staff Technician $95 T3 Senior Technician $110 D1 Draftsperson $80 D2 Staff Draftsperson $90 D3 Senior Draftsperson $110 Other direct costs, including materials, travel, subsistence, and subcontractor costs, will be invoiced at cost plus a minimum general and administrative fee of 15%. An Office Service Fee for direct project non -labor office costs including mail, telephone, fax transmissions, personal computers as well as reasonable and customary in-house photocopying will be billed at a minimum of 7% of the total labor fees. This Office Service Fee does not include CAD/GIS computers, color photocopies, outsourced photocopies/reproductions or drawing reproduction. These services will be billed at the following rates: SERVICE RATE CAD/GIS Computers $20/hour Color Photocopies $0.08/page Color Plotter (D&E size) $12/plot Print Room Labor $45/hour Rates for laboratory services and use of equipment owned by Golder Associates Inc. will be provided upon request. Dec 2015 (P.ssocGolder GAi OMS Rate Schedule Des lates