HomeMy WebLinkAboutLandfill post closure Department of Public Works
O BoCC Consent Agenda
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Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, Public Works Director/County Engineer
Agenda Date: September 16, 2024
Subject: Supplemental Agreement for Consultant Support of Landfill Post-closure
Care Termination
Statement of Issue: Discussions with the Washington State Department of Ecology and
Jefferson County Public Health and Public Works have led to a request from the
Department of Ecology for further statistical analysis of groundwater quality data by
Aspect Consulting, the contract consultant performing landfill post-closure care
monitoring and annual reporting for Public Works. This analysis and the technical
memorandum that would follow are not included in the original scope of work in the
Aspect Consulting agreement executed on August 5, 2019.
Analysis/Strategic Goals/Pro's Et Con's: The additional statistical analysis and consultant
report would likely support Public Works' goal of ending landfill post-closure care.
Fiscal Impact/Cost Benefit Analysis: Public Works finds the consultants request for an
additional $26,692.00 through a supplemental agreement as reasonable and in keeping with
the revised scope of work.
Recommendation: Public Works recommends executing the supplemental agreement with
Aspect Consulting.
Department Contact: Al Cairns X213
Reviewed y: 01 V,
Mar McCauley, unty Administrator to
CONTRACT REVIEW FORM I clear Form
(7NSTRU=ONS ARE ON THE NEXT PAGE) PW cgM Lt/_113
CONTRACT WITH: Aspect Consulting Contract No: PW-2019-069
Contract For: °oied Liefe-1e 8epWW Lop ""m amr-a,eey for°-1°TediN1'm--'u Term: Eslimeted Project Completion December 31,2U4
COUNTY DEPARTMENT: Public Works
Contact Person: Al Cairns
Contact Phone: X213
Contact email: acairns@co.jefferson.wa.us
AMOUNT: Supplemental$26,692.00 PROCESS: Exempt from Bid Process
Revenue: 343.000.010.000 Cooperative Purchase
Expenditure: 401.000.010.010/537.00.41 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s)of Matching Funds N/A Vendor List Bid
Fund# RFP or RFQ
Munis Org/Obj ✓ Other:Consultant Selection Process
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ❑■ N/A:
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.
CERTIFIED: a N/A: 8 ZG L
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
/Electronically approved by Risk Management on 8/28/2024.
V Supplemental agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Lasertiche):
/ Electronically approved as to form by PAO on 8/29/2024.
V Pre-approved contract form. No need for PAO signature.
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: 2 Organization,Address,and Phone:
Attn: Peter Banister, P.E.
Agreement Number: PW-2019-060 Aspect Consulting
350 Madison Ave.N.
Bainbridge Island, WA 98110
(206)780-9370
Project Number Execution Date: Completion Date:
060104 August 5,2019 December 31,2024
Project Title: Landfill Post-Closure Care New Maximum Amount Payable:
Termination $177,833.00
Description of Work:
Statistical analysis, final report, and regulator coordination in support of ending post-closure
landfill monitoring.
SUPPLEMENTAL AGREEMENT
The Local Agency of Jefferson County Public Works hereby amends the agreement with Aspect
Consulting("the Agreement"), executed on August 5`h, 2019 (and later amended through
Supplemental Agreement 1, executed on May 19`h, 2023 ("this Supplemental Agreement").)
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
SCOPE, is hereby changed as set forth in the attached Exhibit A, and by this reference made a part
of this supplement.
II
SCHEDULE, is amended to change the number of calendar days for completion of the work to
read: Within six(6) calendar months from the date of execution of Supplemental Agreement
Number 2.
III
BUDGET, shall be amended as follows:
That the total amount of payment to Consultant shall not exceed $177,833.00 without express
written modification of this agreement signed by the County as set forth in the attached Exhibit B,
and by this reference made a part of this supplement.
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 page l 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 2 as
shown below.
Aspect Consulting, a Geosyntec Company COUNTY OF JEFFERSON
(Consultant Firm Name) BOARD OF COMMISSIONERS
Peter Bannister
Consultant's Name (Please print) Kate Dean, District 1 Date
Consultant's Signature Heidi Eisenhour, District 2 Date
September 5, 2024
Date Greg Brotherton, District 3 Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief C' uty Prosecuting Attorney
to Reinders, P.E. to
Public Works Director/County Engin er
Supplemental Agreement(to A&13) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of
EXIBIT A
SCOPE OF WORK
• Statistical Analysis of Background Concentrations. Perform statistical analysis to establish
background concentrations of total manganese and arsenic for use as site specific groundwater
quality criteria, fulfilling a request from Ecology. Prepare a memorandum (client review draft,
regulator review draft, final)to document the statistical analysis and establish site-specific
groundwater quality criteria based on background concentrations. The estimated costs for this
task assume one round of revisions following client review, and one round of revisions
following regulatory review.
• Coordination with Regulators.Coordinate with representatives from Jefferson County Public
Health and/or Ecology during regulatory review of the Functional Stability Report and the
updated O&M Manual. Prepare the Functional Stability Report and Updated O&M Manual
(client review draft, regulator review draft, final)to document conditions and recommend
ending or reducing post-closure activities. The estimated costs for this task assume one round of
revisions following client review, and one round of revisions following regulatory review.
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 3 of
EXHIBIT B
BUDGET
Task Title Original Contract Supplemental Current Total Task
(2019-2023) Agreement 1 Supplemental Budget
2023-2024 Budget Request
Annual
Groundwater -$7,524
Monitoring $34,204 $19,616 $46,296
Reporting
Biannual
Groundwater $31,242 -$6,872 $24,370
Monitoring
Reporting
Reduce
Groundwater
Reporting, $11,057
Biannual to $11,541
Annual (O&M Manual $32,742
End Active Updates)
Landfill Gas $10,144
Collection and
Treatment
Functional
Stability Report -$14,085
to End Post $14,085 $16,042 $26,692 $42,734
Closure
Activities
Conduct
Groundwater $26,706 $26,706
Monitoring
Contingency $5,037 $5,037
Total Budget $105,768 $45,423 $26,692 $177,883
Maximum $105,768 $151,191 $177,883
Amount Payable
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 4 of 4
Supplemental Agreement Number: Organization,Address, and Phone:
1 Aspect Consulting
Agreement Number:
PW-2023-
Project Number Execution Date: Completion Date:
060104 4/3/23 12/31/25
Project Title New Maximum Amount Payable:
Landfill Groundwater Monitoring $151,191.00
Description of Work: —
Post-closure landfill groundwater monitoring, analysis and reporting.
SUPPLEMENTAL AGREEMENT
The Local Agency of Jefferson County Public Works hereby amends the agreement with Aspect
Consulting("the Agreement"), executed on August 5,2019.
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.
Scope of Services is hereby changed per attached Exhibit A—Scope of Work.
H.
Term for Performance is hereby changed to read: Term extended to 12/31/2024 per Exhibit A of
Original Contract.
Payment is hereby changed per attached Exhibit B —Consultant Fee Schedule,
Supplemental Agreement(to A&B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page l 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.
i
Aspect Consulting,LLC COUNTY OF JEFFERSON
(Consultant Firm Name) BOARD OF COMMISSIONERS
Peter S. Bannister, PE
Consultant's Name (Please print) ean,District 1 Date
��a- —
d .
Consultant's Signature e' ' i our,District 2 Date
May 2,2023J�.t
Date Greg Brotherton, District 3 Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
2icirector/County
ty Prosecuting Attorney
P.E. ate
Engineer
Supplemental Agreement(to A& B) Contract C, Version 1, Risk Legal Review Date 04/30/2018 Page 2 of
Exhibit A—Scope of Work
Task 1 —2023 Quarterly Groundwater Monitoring. Perform three rounds of quarterly
groundwater monitoring at the Jefferson County Landfill (second,third,and fourth quarters).
Monitoring will include the monitoring wells and samples for analysis as described in the 2019
update to the O&M Manual (Aspect, 2019).Aspect will subcontract with a certified laboratory for
chemical analysis of the groundwater samples.
Task 2—2023 through 2024 Annual Groundwater Analysis and Reporting. Perform statistical
analysis,table and figure generation, and reporting of 2023 quarterly groundwater monitoring data to
satisfy annual reporting requirements. In 2023,this task includes initial intake and processing of
historical data. Reporting is assumed to be completed in 2024 following receipt of fourth quarter
groundwater data.Aspect will also acquire a facility license for the SANITAS statistics software.
Task 3—2023 and 2024 O&M Manual Updates.Assist the County in coordination with Jefferson
County Public Health to end routine landfill gas monitoring, and to increase groundwater monitoring
from biannual to quarterly.This task also includes preparation of an updated O&M Manual in 2023
to reflect the change,and preparation of an updated O&M Manual in 2024 to document the end of
post closure activities.
Task 4—2023 to 2024 Functional Stability Report to End Post Closure Activities. Coordinate
with Jefferson County Public Health in preparing a Functional Stability Report for the Jefferson
County Closed Landfill and Septage Lagoon. The report will support the conclusion that ending post-
closure activities would be protective of human health and the environment by demonstrating
functional stability. The report will be in accordance with guidance for landfill regulations(173-304
WAC), and will include providing data and analysis that show little to no settlement, little to no
landfill gas generation, little to no leachate generation,and protection of groundwater.
Exhibit B—Consultant Fee Schedule
Consultant Fee Schedule for Tasks 1 through 4 of the agreement for years 2023 and are as
below. Year 2023 fees based on the current Agreement Consultant Unit Rates. Year 2024fees
based on a 6%per annum increase to the Consultant Unit Rates.
2023 Task Budget Summa
Task Title Labor ODC Subs Total
Task 1 Q2—Second Quarter Groundwater Monitoring $4,681 $400 $3,821 $8,902
Task 1 Q3—Third Quarter Groundwater Monitoring $4,681 $400 $3,821 $8,902
Task 1 Q4—Fourth Quarter Groundwater Monitoring $4,681 $400 $3,821 $8,902
Task 2 -Annual Analysis and Reporting $3,930 $1,926 $5,856
Task 3 -O&M Manual Update $5,603 $5,603
Task 4 -Functional Stability Report to End Post Closure
Activities
2023 Total Project Budget $23,576 $3,126 $11,463 $38,165
2024 Task Budget Summary
Task Title Labor ODC Subs Total
Task 1 -Quarterly Groundwater Monitoring
Task 2 -Annual Analysis and Reporting $13,760 $13,760
Task 3-O&M Manual Update $5,938 $5,938
Task 4 - Functional Stability Support to End Post Closure
Activities $16,042 $16,042
2024 Total Project Budget $35,740 $35,740
Notes:
CDC —other direct charges (equipment rental and software licensing fees)
Subs —subconsultant fees (laboratory chemical analysis)
��� ��
PROFESSIONAL SERVICES AGREEMENT FOR
closed landfill and septage lagoon annual
groundwater quality report and technical assistance
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
g3mundwatpr annual rapnrting and techniral ac_sictance for ending pnst clnsure
actomitoes for Jefferson County closed landfill and septic lagoon
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.shalI 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 $105,768.00 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 1, Risk Legal Review Date 04/30/2018 Page I of 10
5. Ownership and Use of Documents. All documents, drawings, specifications,and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information, reference and use in
connection with Consultant's endeavors. Consultant shall not be held liable for reuse of
documents or modifications thereof, including electronic data, by County or its
representatives for any purpose other than the intent of this Agreement.
6. Compliance with laws. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. Consultant shall indemnify and hold harmless the County, its officers,
and employees, from and against all claims, losses or liability,or any portion thereof,
including reasonable attorney's fees and costs,arising from injury or death to persons,
including injuries, sickness,disease or death to Consultant's own employees, or damage
to property occasioned by a negligent act,omission or failure of the Consultant.
Consultant shall be liable only to the extent of Consultant's proportional negligence. The
Contractor specifically assumes potential liability for actions brought against the County
by Contractor's employees, including all other persons engaged in the performance of any
work or service required of the Contractor under this Agreement and, solely for the
purpose of this indemnification and defense,the Contractor specifically waives any
immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor
recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W.
4.24.115 and was subject of mutual negotiation.
8. Insurance. Prior to commencing work,the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Consultant's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a)Owned automobiles; (b)Hired
automobiles;and, (3)Non-owned automobiles.
Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars($1,000,000)per occurrence and an aggregate of not less than two(2)
times the occurrence amount($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
Professional Services Agreement, Contract B, Version 1, Risk Legal Review Date 04/30/2018 Page 2of 10
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 Contractor 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 periods coverage (tail coverage)
shall be purchased for three(3)years after the end of this Agreement, at the Contractor's
sole expense. The Contractor agrees the Contractor'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 Contractor 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 13, Version 1, Risk Legal Review Date 04/30/2018 Page 3 of 10
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
The Contractor'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 Contractor'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 Contractor until the Contractor 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 Contractor'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 Contractor'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 1, Risk Legal Review Date 04/30/2018 Page 4 of 10
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 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 Contractor 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 Contractor 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 Contractor 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 subcontractor that does not have their own worker's
compensation and employer's liability insurance.
The Contractor 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 Contractor.
Professional Services Agreement, Contract B, Version 1, Risk Legal Review Date 04/30/2018 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 Contractor specifically has the right to direct and control Contractor's own activities,
and the activities of its subcontractors, 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 Contractor 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 subcontractor to perform is no defense to a breach of this
Agreement. The Contractor assumes responsibility for and all liability for the actions and
quality of services performed by any subcontractor.
Every subcontractor must agree in writing to follow every term of this Agreement. The
Contractor must provide every subcontractor's written agreement to follow every term of
this Agreement before the subcontractor can perform any services under this Agreement.
The County Engineer or their designee must approve any proposed subcontractors in
writing.
Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Contractor'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.
Professional Services Agreement, Contract B, Version 1, Risk Legal Review Date 04/30/2018 Page 6 of 10
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,
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:
Aspect Consulting. LLC
179 Madrone Lane North
Bainbridge Island, WA 98110
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,
Professional Services Agreement, Contract B, Version 1, Risk Legal Review Date 04/30/2018 Page 7 of 10
warranties, covenants,and agreements contained in its proposal, and the supporting
material submitted by the Consultant,accepts this Agreement and agrees to all of the
terms and conditions of this Agreement.
19. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Consultant.
20. Disputes. The Parties agree to use their best efforts to prevent and resolve disputes
before they escalate into claims or legal actions. Any disputed issue not resolved
pursuant to the terms of this Agreement shall be submitted in writing within 10 days to
the Director of Public Works or County Engineer, whose decision in the matter shall be
final, but shall be subject to judicial review. If either party deem it necessary to institute
legal action or proceeding to enforce any right or obligation under this Agreement, each
party in such action shall bear the cost of its own attorney's fees and court costs. Any
legal action shall be initiated in the Superior Court of the State of Washington for
Jefferson County. The parties agree that all questions shall be resolved by application of
Washington law and that the parties have the right of appeal from such decisions of the
Superior Court in accordance with the laws of the State of Washington. The Consultant
hereby consents to the personal jurisdiction of the Superior Court of the State of
Washington for Jefferson County.
21. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect,or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach
by either party,whether express or implied, shall constitute a consent to,waiver of,or
excuse of any other, different,or subsequent breach by either party.
24. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
25. Severability. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to
any person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Assignment. The Contractor 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 I, Risk Legal Review Date 04/30/2018 wage 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-Len tg h 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 Contractor 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
Contractor further agrees that upon receipt of any written public record request,
Contractor 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 13, Version 1, Risk Legal Review Date 04/30/2018 Page 9 of 10
DATED this day of < , 20 .
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Aspect Consulting, LLC CA-- 'q-/
Name of Consultant Kate Dean,District 1 J� ''C
Peter Bannister
_ 4caAea
Consultant Representative (Please I) David livan,Distr
(Signature) 4jerton, District 3
A.5.,;qe.447E- FBI 1qtjFg-
Title c�
Z-0
Date
Approved as to form only:
PRE-APPROVED CONTRACT FORM
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
"Director
Mont orks /County Engineer
Professional Services Agreement, Contract B. Version 1, Risk Legal Review Date 04/30/2018 Page 10 of 10
PROFESSIONAL AGREEMENT: Closed landfill and septage lagoon annual groundwater quality report
and technical assistance
Exhibit A
SCOPE OF WORK
2019 Thru 2023 Annual Groundwater Monitoring Reporting
Review, analyze and complete reporting of annual groundwater monitoring data provided
by the County in January, for the previous calendar year, to satisfy annual reporting
requirements.
2019 Thru 2023 Biannual Groundwater Monitoring Reporting
Review, analyze and complete reporting of second quarter groundwater monitoring data
provided by the County in July, to satisfy biannual reporting requirements. This task will
only be required for those future years designated by Jefferson County Public Health.
2019 Reduce Groundwater Reporting from Biannual to Annual
Coordinate with Jefferson County Public Health and prepare a Technical Memorandum
requesting to further reduce groundwater monitoring obligations. This memorandum will
describe historical data showing potential groundwater impacts are below regulatory
standards or are approaching regulatory standards with a statistically significant trend and
within a reasonable timeframe. The memorandum will also address: 1) reducing the
monitoring and reporting obligations from semiannual to annual frequency, 2) reducing
the number of wells being monitored, and 3) projecting the approximate date for ending
groundwater monitoring and reporting altogether.
2019 End Active Landfill Gas Collection and Treatment
Coordinate with Jefferson County Public Health in preparing a Technical Memorandum
to end active LFG collection and treatment. This memorandum will describe historical
data showing landfill gas collection trends and compliance probe trends supporting a
conclusion of little to no landfill gas generation. The memorandum will also address
shutting down the blower and flare system, and allowing landfill gas to passively vent
through the flare stack. Anticipated regulatory considerations include:
• Air Quality. Regulator may require laboratory analysis of LFG and then
assessment to show that emissions are below air quality thresholds.
• Control of Lxplosive Gases. Through current permit reporting, compliance probe
monitoring will continue for an adequate period to show passive LFG collection
prevents fugitive emissions at the landfill surface and little to no subsurface
methane migration.
• Groundwater Protection. Sampling will continue under the existing permit to
show that ending active LFG collection does not affect groundwater quality.
2019 - 2023 Functional Stability Report to End Post Closure Activities
Coordinate with Jefferson County Public Health in preparing Functional Stability
Report for Closed Landfill and Septage Lagoon. The report will support the conclusion
1
PROFESSIONAL AGREEMENT: Closed landfill and septage lagoon annual groundwater quality report
and technical assistance
that ending post-closure activities would be protective of human health and the
environment by demonstrating functional stability. Report will be in accordance with
guidance in 173-304 WAC and all amendments and, will include providing data and
analysis that show little to no settlement, little to no landfill gas generation, little to no
leachate generation, and protection of groundwater.
2
PROFESSIONAL AGREEMENT: Closed landfill and septage lagoon annual groundwater quality report
and technical assistance
Exhibit B
CONSULTANT FEE SCHEDULE
Groundwater Annual Reporting and Technical Assistance for Ending of Post Closure
Activities for Jefferson County Landfill and Septic Lagoon
Table 1 below provides a summary of the Consultant Fee Schedule for Tasks 1 through 5 of the
Agreement. Additional tasks may be assigned and negotiated scope of work and Consultant fees
made part of the Agreement through a formal Task Assignment within four days.Table 2 provides
Consultant unit rates used as the basis for Table I Fees and all future work.
Table 1 —Consultant Fee Schedule
Not to Exceed Amounts
Task No.& Description 2019 2020 2021 2022 2023
Annual Groundwater Monitoring Reporting $6,190 $6,500 $6,824 $7,166 $7,524
Biannual Groundwater Monitoring Reporting $5,654 $5,937 $6,234 $6,545 $6,872
Reduce Groundwater Reporting, Biannual to Annual $11,057
End Active Landfill Gas Collection and Treatment $10,144
Functional Stability Report to End Post Closure Activities $14,085
Annual Fees $33,045 $12,436 $13,058 $13,711 $28,482
5%Contingency Overall $5,037
TOTAL Budget $105,768
Table 2—Consultant Unit Rates(Direct Salary Cost)
CATEGORY UNIT RATE
2019 2020 2021 2022 2023
Principal Hydrogeologist per hour $80.00 $84.00 $88.20 $92.61 $97.24
Associate Engineer per hour $57.56 $60.44 $63.46 $66.63 $69.96
Project Hydrogeologist per hour $41.08 $44.08 $46.28 $48.60 $51.03
Staff Geologist per hour $32.70 $34.34 $36.05 $37.85 $39.75
Clerical per hour $31.50 $33.08 $34.73 $36.47 $38.29
Technical Drafting(AutoCAD) per hour 35.95 37.75 39.63 $41.62 $43.70
OVERHEAD(OH) % DSC 193.51%
FIXED FEE(FF) %(DSC +OH) 10%
REIMBURSEABLES % DSC 4%
3
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Philip Morley, County Administrator
From: Monte Reinders, P.E
Public Works Dire or/County Engineer
Agenda Date: 0'� 5/ zo'1.,
Subject: Closed Landfill and Septage Lagoon Annual Groundwater Quality
Reporting and Technical Assistance
Statement of Issue: Per WAC 173-304, Public Works is required to submit semi
annual and annual reports to Jefferson County Public Health on groundwater quality
in the vicinity of the closed landfill and Septage lagoon located at Co. Landfill Road.
Groundwater reports and landfill stability reporting must include analysis review and
recommendations, and be signed by, a WA State licensed hydrogeologist. The current
Agreement ends in July 2019.
Analysis/Strategic Goals/Pro's Et Con's: Three firms were selected from seven best
qualified firms listed in the Water Quality Monitoring section of the Professional
Services Roster. Evaluation and scoring based on experience with closed landfills,
landfill monitoring systems, post-closure requirements, local hydrogeology, previous
work with the County closed landfill and use of the Sanitas statistical trend analysis
software package used by the County, led to selection of the firm best-qualified to
meet Public Works needs.
Fiscal Impact/Cost Benefit Analysis: The negotiated fee schedule is budgeted over
five years, 2019 through 2023 and totals $105,768.00. Anticipated revisions to
monitoring requirements as a result of the proposed scope of work, when approved by
Public Health/W Dept. of Ecology would result in an estimated annual savings of over
$40,000.
Recommendation: Approve and sign the Professional Services Agreement with Aspect
Consulting LLC.
Department Contact: Tom Boatman x213
Reviewed By:
p Morley ouoty A ini r Date
PW 'kD I q D 6o(� CONTRACT REVIEW FORM
CONTRACT WITH: Aspect Consulting LLC
(Contractor/Consultant)
CONTRACT FOR: CLOSED LANDFILL AND SERTAGE LAGOON TERM: 5 years
ANNUAL GROUNDWATER QUALITY REPORTS
AND TECHNICAL ASSISTANCE
COUNTY DEPARTMENT: Public Works
For More Information Contact: Tom Boatman
Contact Phone #: 360 385-9213
RETURN TO: Chris RETURN BY: Jul , �1 R v O N COUNTY
(Person in Department)
AMOUNT: $105,768 over five years PROCESS: Exempt from Bid Process
X Consultant Selection Process
Revenue: 343.70.00.0000 Cooperative Purchase
Expenditure: 401.000.010/537.00.41 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
RFP or RFQ
Other
Step 1: REVIEW BY
Review by: �( ` 'hili Morley
Date Reviewed:
APPROVED FORM ❑ Returned for revision(See Comments)
Comments
Step 2: REVIEW BY P SEC NG ATTORNEY
Review by: Philip Hunsucker
Date Reviewed: ?3
APPROVED AS TO FORM ❑ I Returned for revision(See Comments)
Comments
Step 3: (If required)DEPARTMENT MAKES REVISIONS AND RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY
Step 4: CONTRACTORICONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 7copies of Contract,Review Form,and Agenda Bill to BOCC Office.
Place"Sign Here"markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda.
(This form is to stay with the contract throughout the contract review process and accompany the Agenda Bill.)