HomeMy WebLinkAboutTetra Tech LLC Phase 4 Stages 3 and 4 - 040626PROFESSIONAL SERVICES AGREEMENT FOR
Design of Phase 4 — Stages 3 and 4 for the Installation of On -site Grinder Pumps for PHUGA Sewer
System
THIS PROFESSIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
Tetra Tech ("the Consultant"), in consideration of the mutual benefits, terms, and conditions
specified below.
Project Designation. tion. The Consultant is retained by the County to perform design and
engineering construction support for Phase 4 - Stages 3 and 4 for Installation of On -site
Grinder Pump for the PHUGA Sewer System.
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".
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 $169,118.00 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
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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. Consultant shall not be held liable for reuse of
documents or modifications thereof, including electronic data, by County or its
representatives for any purpose other than the intent of this Agreement.
6. Compliance with laws. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the
negligence of the County. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant and the County, its officers, officials, employees,
agents and volunteers (and their marital communities) the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Consultant's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non -owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than $500,000 each
occurrence with the County named as an additional insured in connection with the
Consultant's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a) Owned automobiles; (b) Hired
automobiles; and, (3) Non -owned automobiles.
Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2)
times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
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The insurance coverage shall contain no limitations on the scope of the protection
provided and include the following minimum coverage:
a. Broad Form Property Damage, with no employee exclusion;
b. Personal Injury Liability, including extended bodily injury;
C. Broad Form Contractual/Commercial Liability — including coverage for products
and completed operations;
d. Premises — Operations Liability (M&C);
e. Independent Contractors and subcontractors;
f. Blanket Contractual Liability.
Professional Liability Insurance. The Consultant shall maintain professional liability
insurance against legal liability arising out of activity related to the performance of this
Agreement, on a form acceptable to Jefferson County Risk Management in the amounts
of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional
liability insurance policy should be on an "occurrence" form. If the professional liability
policy is "claims made," then an extended reporting period coverage (tail coverage) shall
be purchased for three (3) years after the end of this Agreement, at the Consultant's sole
expense. The Consultant agrees the Consultant's insurance obligation to provide
professional liability insurance shall survive the completion or termination of this
Agreement for a minimum period of three (3) years.
The County shall be named as an "additional named insured" under all insurance policies
required by this Agreement, except Professional Liability Insurance when not allowed by
the insurer.
Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of Credit
from a qualified financial institution.
The Consultant shall furnish the County with properly executed certificates of insurance
that, at a minimum, shall include: (a) The limits of overage; (b) The project name to
which it applies; (c) The certificate holder as Jefferson County, Washington and its
elected officials, officers, and employees with the address of Jefferson County Risk
Management, P.O. Box 1220, Port Townsend, WA 98368, and, (d) A statement that the
insurance policy shall not be canceled or allowed to expire except on thirty (30) days
prior written notice to the County. If the proof of insurance or certificate indicating the
County is an "additional insured" to a policy obtained by the Consultant refers to an
endorsement (by number or name) but does not provide the full text of that endorsement,
then it shall be the obligation of the Consultant to obtain the full text of that endorsement
and forward that full text to the County. Certificates of coverage as required by this
section shall be delivered to the County within fifteen (15) days of execution of this
Agreement.
Failure of the Consultant to take out or maintain any required insurance shall not relieve
the Consultant from any liability under the Agreement, nor shall the insurance
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requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
The Consultant's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies, with the exception of Professional Liability
Insurance, so affected shall protect both parties and be primary coverage for all losses
covered by the above described insurance.
Insurance companies issuing the policy or policies shall have no recourse against the
County (including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
All deductibles in the above described insurance policies shall be assumed by and be at
the sole risk of the Consultant.
Any deductibles or self -insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self -insured retention, or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Insurance companies issuing the Consultant's insurance policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of insurance policy.
Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment due,
or to become due, to the Consultant until the Consultant shall furnish additional security
covering such judgment as may be determined by the County.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Consultant must provide in order to comply with this Agreement.
The County may, upon the Consultant's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Consultant.
The Consultant's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
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The Consultant shall include all subconsultants as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subconsultant. All insurance
provisions for subconsultants shall be subject to all the requirements stated herein.
The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
The Consultant shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All the
insurance policies required by this Agreement shall provide that thirty (30) days prior to
cancellation, suspension, reduction or material change in the policy, notice of same shall
be given to the County Risk Manager by registered mail, return receipt requested.
The Consultant shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-, with the
exception that excess and umbrella coverage used to meet the requirements for limits of
liability or gaps in coverage need not be placed with insurers or re -insurers licensed in the
State of Washington.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
9. Worker's Compensation (Industrial Insurance).
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor, partners,
owners or shareholders of the Consultant, the Consultant shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RCW, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Risk
Management, upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
This coverage shall extend to any subconsultant that does not have their own worker's
compensation and employer's liability insurance.
The Consultant expressly waives by mutual negotiation all immunity and limitations on
liability, with respect to the County, under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from the Consultant.
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10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Consultant specifically has the right to direct and control Consultant's own activities,
and the activities of its subconsultants, employees, agents, and representatives, in
providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Consultant, or any
employee of Consultant.
11. Subcontracting Requirements.
The Consultant is responsible for meeting all terms and conditions of this Agreement
including standards of service, quality of materials and workmanship, costs, and
schedules. Failure of a subconsultant to perform is no defense to a breach of this
Agreement. The Consultant assumes responsibility for and all liability for the actions and
quality of services performed by any subconsultant.
Every subconsultant must agree in writing to follow every term of this Agreement. The
Consultant must provide every subconsultant's written agreement to follow every term of
this Agreement before the subconsultant can perform any services under this Agreement.
The County Engineer or their designee must approve any proposed subconsultant in
writing.
Any dispute arising between the Consultant and any subconsultant or between
subconsultant must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required by this
Agreement.
12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Consultant, with regard to the work performed by it
under this Agreement, will not discriminate on the grounds of race, color, national origin,
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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 either party 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.
C. The Consultant may terminate services on the Project upon seven (7) days
written notice in the event of substantial failure by the County to fulfill its
obligations of the terms hereunder. Consultant shall submit an invoice for
services performed up to the effective date of termination and the County shall
pay Consultant all outstanding invoices, together with all costs arising out of such
termination, within thirty (30) days. The County may withhold an amount for
services that may be in dispute provided that the County furnishes a written
notice of the basis for the dispute within fifteen (15) days.
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:
Tetra Tech
2003 Western Ave., Suite 700
Seattle, WA 98121
18. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated Agreement between the County and the Consultant and
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supersedes all prior negotiations, representations, or agreements written or oral. No
representation or promise not expressly contained in this Agreement has been made. This
Agreement supersedes all prior or simultaneous representations, discussions,
negotiations, and agreements, whether written or oral, by the County within the scope of
this Agreement. The Consultant ratifies and adopts all statements, representations,
warranties, covenants, and agreements contained in its proposal, and the supporting
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.
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27. No Assignment. The Consultant shall not sell, assign, or transfer any of rights obtained
by this Agreement without the express written consent of the County.
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-Lengthgotiations. The parties agree that this Agreement has been negotiated at
arms -length, with the assistance and advice of competent, independent legal counsel.
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Consultant agrees to
maintain all records constituting public records and to produce or assist the County in
producing such records, within the time frames and parameters set forth in state law. The
Consultant further agrees that upon receipt of any written public record request,
Consultant shall, within two business days, notify the County by providing a copy of the
request per the notice provisions of this Agreement.
33. Force Majeure. Consultant shall not be liable for any damages caused by any
unavoidable delays that may result from any acts of God, strikes, lockouts, wars, acts of
terrorism, riots, acts of governmental authorities, extraordinary weather conditions or
other natural catastrophes, or any other cause beyond the reasonable control or
contemplation of either party.
34. Standard of Care. Services provided by Consultant under this Agreement will be
performed in a manner consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing under similar circumstances.
Consultant makes no other warranty or guaranty, either express or implied. Consultant
will not be liable for the cost of any omission that adds value to the Project.
35. Suspension of Work. The County may suspend services performed by Consultant with
cause upon fourteen (14) days written notice. Consultant shall submit an invoice for
services performed up to the effective date of the work suspension and the County shall
pay Consultant all outstanding invoices within thirty (30) days. If the work suspension
exceeds thirty (30) days from the effective work suspension date, Consultant shall be
entitled to renegotiate the Project schedule and the compensation terms for the Project.
36. EPA Agreement Requirements. This project is funded by FY2022 and 2023 Community
Grant funds, which are administered by EPA., refer to Exhibit C agreement requirements.
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DATED this
March
day of
Grizelda Sarria
Name of Consultant
Consultant Representative (Please print)
(Signature)
Vice President
Title
03.19.2026
Date
19 , 20. 26
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
1
.isenhour, District 2
412
ro on, District 3
Approved as to form only:
—
. � 4�- March
18, 2026
Philip C. Hunsucker Date
Chief CiviliDeputy Prosecuting Attorney
h
i
Eric Kuzma Date
Public Wo4ks Director
Professional Services Agreement, Contract B, Version 3, Risk Legal Review 6/17/2020 Page 10 of 10
EXHIBIT A
SCOPE OF WORK
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
PORT HADLOCK GRINDER PUMP DESIGN AND CONSTRUCTION
SERVICES
PHASE 4, STAGE 3-4 GRINDER PUMP DESIGN PHASE
SERVICES
Subtask 9101 —Project Management
This task includes budget to track, monitor, plan, and manage the work within the scope of this
agreement for an additional 8 months —the contract period of performance to December 31, 2026.
Work in this task is described as follows:
Progress Updates - Progress updates will be held by telephone approximately every other week with the
County to coordinate work activities and keep the County informed of progress to date. It is assumed
the work within this task will be over a 8 month period and end on December 31, 2026.
• . There will be up to 10 progress updates during that period between the County and the
Consultant Project Manager.
• Progress Reports and Billings - Tt will include brief monthly progress reports along with monthly
invoices. Progress reports will contain information on major activities, anticipated actions, and
outstanding issues to be resolved.
TASK 9100 — ON -SITE GRINDER PUMP
TASK 9102 — GRINDER PUMP DESIGN SERVICES
Subtask 9102 — Grinder Pump 90% and Final Plans, Specifications,
and Estimate
Provide two sets of bid drawings and specifications for Pt Hadlock grinder pump connections. The first
package will include the County's stage 1 connections. The second package will include the County's
stage 2-4 connections. See Figure 1.
Develop design documents for the grinder pump projects to a bid -ready level. This work is broken out
into the following:
• Drawings — Provide cover sheet, key map, connection plan sheets and detail sheets for each
bid package. The following is an estimate of the total amount of connection plan sheets per
project.
— Stage 3 — 35 sheets
— Stages 4 — 25 sheets
It is assumed that the County will determine the location and number of pumps within each
grinder pump station.
• Detail Sheets — Provide drafting and edits to JCPW provided detail sheet mark-ups.
• Specifications — JCPW will provide initial update to specifications and send to Tetra Tech for
final review and update. Tetra Tech will take the lead on the Div 07 specification.
• Cost Estimate — Cost estimate will be developed by JCPW and reviewed by Tetra Tech.
• QA/QC: Tetra Tech senior engineers will perform in-house Quality Control (QC) reviews of
the 90% and final design documents. Quality Assurance (QA) reviews will be by Tt's QA
manager.
• Design Coordination — Weekly meetings (12 total) with the County to coordinate design.
Assumes two meetings with grinder pump manufacturers to discuss details and
requirements.
• Cost Estimate — Cost estimate will be developed by JCPW and reviewed by Tetra Tech.
Develop the grinder pump design to serve the Core Area as indicated in Figure 1. One set of field
markups will be provided by JCPW. Drawings will be developed to the 90% Design level and submitted
to JCPW for review and comment. One set of markups will be reviewed by the engineering team and a
final bid -ready set of drawings will be prepared.
The estimated drawing count is approximately 90 based upon the attached drawing list (Table 2). It is
assumed that information and some content from the grinder pump equipment vendors will be used in
the development of some of the 100% design drawings. It is also assumed that the extent of the
electrical is from the grinder pump control panel to the grinder pumps. All other electrical revisions are
by the property owner. The contract drawings will be prepared in AutoCAD using Tt drafting standards.
Work Products:
• 90% Stage 3-4 Grinder Pump Plans and Specification
• Final Stage 3-4 Grinder Pump Plans and Specification
County Design Reviews
It is expected that JCPW design reviews will result in only minor changes to elements approved in
previous reviews. If County staff request major changes or provide different directions, then the County
Project Manager will evaluate the changes and differences with Tetra Tech and determine what change
is needed and authorize additional work as required.
Subtask 9103 — Bid Support (Grinder Pump Packages)
Tt to provide engineering support during bidding for two grinder pump projects. Task and work items
will be provided on an as -needed basis to answer questions and provide support to the County during
bidding of the Phase 2 Treatment Plant Construction Package Bid.
Work in this task is described as follows:
• On -site bid walk through with potential bidders
Respond to up to 3 requests for information (RFI's) during bidding.
Develop up to 2 addenda.
• Up to 2 meetings with County staff during bidding.
Assumptions:
• Bidding period would be up to 4 weeks long.
• Work in this task will be provided on an as -needed basis.
• Up to three staff members would attend one bid walk through.
• Each RFI's during bidding would include up to 2 hours of engineering.
• Each addendum would include up to 6 hours of engineering, 2 hours QA/QC, and 4 hours of
CAD.
• Each County meeting would include up to three staff members for one hours.
Subtask 9104 — Construction Support (Grinder Pump Packages)
The following work items are anticipated:
This task provides construction administration support for the Construction Contract. Specific activities
include:
a. Conformed Set/CAD Files: Provide conformed contract plans and specifications. Compile conformed
CAD files in Zip drive and send to Jefferson County.
b. Site Visits: Tt project manager or Project Engineer will visit the site 4 times to attend coordination
meeting and to inspect the work. Tt will attend the all other progress meeting virtually.
Submittal Review: Shop drawings and submittal review. This scope of work assumes up to 4
submittals. Jefferson County Public Works (JCPW) will be the primary reviewer of submittals and will
notify Tetra Tech when the Engineer of Record's (EOR's) review is requested. It is assumed each
submittal would include up to 3 hours of engineering, 1 hour QA/QC
d. RFI's: Tetra Tech (Tt) to provide written clarifications of the contract documents as needed. Assume
providing responses for up to 4 RFI's. It is assumed each RFI response would include up to 2 hours of
engineering, 1 hour QA/QC.
e. Change Order: Allowance for assisting the County with compiling technical change order documents.
JCPW will review and negotiate Contractor costs.
Substantial Completion/Final Inspection: Tt to provide inspections to verify substantial completion
and final completion including preparation of punch list items for remaining work.
Prepare Record Drawings: Tt to compile modifications made during the course of construction into
record drawings, based on marked up drawings provided by the County and Contractor. Provide full-
size reproducible drawings, two sets of full-size prints, and electronic documents in PDF and ACAD
format.
Contract Closeout: Tt to assist the County with notices of substantial completion, final inspection and
punch list verification. This activity includes transfer of insurance and warranty certificates and bonds.
Recommendation of County acceptance of the project is included.
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Pt. Hadlock Construction Services
Grinder Pump St 3-4
Exhibit B
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Appendix II to Part 200, Title 2 (up to date as of 3/04/2026)
Contract Provisions for Non -Federal Entity Contracts Under Federal Awards Appendix II to Part 200, Title 2 (Mar. 4, 2026)
This content is from the eCFR and is authoritative but unofficial.
Exhibit C
Title 2 —Federal Financial Assistance
Subtitle A —Office of Management and Budget Guidance for Federal Financial Assistance
Chapter II —Office of Management and Budget Guidance
Part 200 —Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
Authority: 31 U.S.C. 503; 31 U.S.C. 6101-6106; 31 U.S.C. 6307; 31 U.S.C. 7501-7507.
Source: 89 FIR 30136, Apr. 22, 2024, unless otherwise noted.
Appendix II to Part 200—Contract Provisions for Non -Federal Entity Contracts Under Federal
Awards
In addition to other provisions required by the Federal agency or non -Federal entity, all contracts made by the non -
Federal entity under the Federal award must contain provisions covering the following, as applicable.
A Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount
determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council
(Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in
instances where contractors violate or breach contract terms, and provide for such sanctions and
penalties as appropriate.
B All contracts in excess of $10,000 must address termination for cause and for convenience by the non -
Federal entity including the manner by which it will be effected and the basis for settlement.
C Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that
meet the definition of "federally assisted construction contract" in 41 CFR Part 60-1.3 must include the
equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246,
"Equal Employment Opportunity" (30 FIR 12319, 12935, 3 CFR Part, 1964-1965 Comp., p. 339), as
amended by Executive Order 11375, "Amending Executive Order 11246 Relating to Equal Employment
Opportunity," and implementing regulations at 41 CFR part 60, "Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor."
D Davis -Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all
prime construction contracts in excess of $2,000 awarded by non -Federal entities must include a
provision for compliance with the Davis -Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions
Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the
statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. The non -Federal entity must place
a copy of the current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of
the wage determination. The non -Federal entity must report all suspected or reported violations to the
Federal awarding agency. The contracts must also include a provision for compliance with the Copeland
"Anti -Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part
3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). The Act provides that each contractor or subrecipient must be
2 CFR Appendix-II-to-Part-200(D) (enhanced display) page 1 of 3
Appendix II to Part 200, Title 2 (up to date as of 3/04/2026)
Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
2 CFR Appendix-II-to-Part-200(E)
prohibited from inducing, by any means, any person employed in the construction, completion, or repair of
public work, to give up any part of the compensation to which he or she is otherwise entitled. The non -
Federal entity must report all suspected or reported violations to the Federal awarding agency.
E Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, all contracts
awarded by the non -Federal entity in excess of 8100,000 that involve the employment of mechanics or
laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must
be required to compute the wages of every mechanic and laborer on the basis of a standard work week of
40 hours. Work in excess of the standard work week is permissible provided that the worker is
compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in
excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction
work and provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
F Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of
"funding agreement" under 37 CFR § 401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement;' the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights
to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements;' and any implementing regulations issued by the awarding
agency.
G Clean Air Act (42 U.S.C. 7401-7671 q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387),
as amended —Contracts and subgrants of amounts in excess of $150,000 must contain a provision that
requires the non -Federal award to agree to comply with all applicable standards, orders or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671 q) and the Federal Water Pollution Control Act
as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the
Regional Office of the Environmental Protection Agency (EPA).
H Debarment and Suspension (Executive Orders 12549 and 12689)—A contract award (see 2 CFR 180.220)
must not be made to parties listed on the governmentwide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment
and Suspension" SAM Exclusions contains the names of parties debarred, suspended, or otherwise
excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other
than Executive Order 12549.
Byrd Anti -Lobbying Amendment (31 U.S.C. 1352)—Contractors that apply or bid for an award exceeding
$100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not
used Federal appropriated funds to pay any person or organization for influencing or attempting to
influence an officer or employee of any agency, a member of Congress, officer or employee of Congress,
or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any
other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non -Federal funds
that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier
to tier up to the non -Federal award.
J See § 200.323.
2 CFR Appendix-II-to-Part-200(J) (enhanced display) page 2 of 3
Appendix II to Part 200, Title 2 (up to date as of 3/04/2026)
Contract Provisions for Non -Federal Entity Contracts Under Federal Awards
2 CFR Appendix-II-to-Part-200(K)
(K; See § 200.216.
U See § 200.322.
[78 FR 78608, Dec. 26, 2013, as amended at 79 FR 75888, Dec. 79, 2014; 85 FR 49577, Aug. 13, 20201
2 CFR Appendix-Il-to-Part-200(L) (enhanced display) page 3 of 3
Appendix A to Part 33, Title 40 (up to date as of 3/04/2026) Appendix A to Part 33, Title 40 (Mar. 4, 2026)
Term and Condition
This content is from the eCFR and is authoritative but unofficial.
Title 40 —Protection of Environment
Chapter I —Environmental Protection Agency
Subchapter B —Grants and Other Federal Assistance
Part 33 —Participation by Disadvantaged Business Enterprises in United States Environmental
Protection Agency Programs
Authority: 15 U.S.C. 637 note; 42 U.S.C. 4370d, 7601 note, 9605(f), E.O. 11625, 36 FR 19967,3 CFR, 1971 Comp., p. 213, E.O.
12138, 49 FIR 29637,3 CFR, 1979 Comp., p. 393; E.O. 12432, 48 FIR 32551, 3 CFR, 1983 Comp., p. 198, 2 CFR part 200.
Source: 73 FIR 15913, Mar. 26, 2008, unless otherwise noted.
Appendix A to Part 33—Term and Condition
Each procurement contract signed by an EPA financial assistance agreement recipient, including those for an
identified loan under an EPA financial assistance agreement capitalizing a revolving loan fund, must include the
following term and condition:
The contractor shall not discriminate on the basis of race, color, national origin or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 40 CFR part 33 in the award and administration
of contracts awarded under EPA financial assistance agreements. Failure by the contractor to carry out these
requirements is a material breach of this contract which may result in the termination of this contract or other
legally available remedies.
Appendix A to Part 33, Title 40 (Mar. 4, 2026) (enhanced display) page 1 of 1
Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Josh Peters, County Administrator
From: Eric Kuzma, Public Works Director
Agenda Date: April 6, 2026
Subject: Professional Service Agreement with Tetra Tech for the design
and engineering construction support for Phase 4 - Stages 3 and 4
On -site Grinder Pump Installation for the PHUGA, Project No. 405-
2128-0, EPA Grant Agreement No. 02J97501
Statement of Issue: Professional Service Agreement with Tetra Tech for the design and
engineering construction support for Phase 4 - Stages 3 and 4 On -site Grinder Pump
Installation for the PHUGA Sewer System, Project No. 405-2128-0, EPA Grant Agreement No.
02J9750.
Analysis/Strategic Goals/Pro's Ft Con's: Tetra Tech will provide design and construction
engineering support for the installation of the on -site grinder pump, Phase 4 Stages 3 and 4.
The scope will include properties within the Phase I "Core Area" PHUGA. The design support
tasks include, but are not limited to, preliminary thru final design, bid support, review of
submittals, responses to request for information from the contractor, and special inspections,
as needed.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is
$169,118.00. The project is funded by the FY 2022 and 2023 EPA Community Grant Funds.
Recommendation: Public Works recommends that the Board execute the two (2) originals of
the Professional Services Agreement with Tetra Tech, and return one (1) original to Public
Works.
Department Contact: Samantha Harper, P.E., Project Manager, 385-9175.
Reviewed By: �)fal L) Pzh;o 4/l/26
Josh Peters, County Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Tetra Tech u.c. Contract No: Ohl ID21p - l W
Contract For: Phase 4 - Slopes 9 and 4 Onslle Grinder Pump Inelallellon lot the PHUOA Sewer System Tenn: December 31, 2026
COUNTY DEPARTMENT: Public walks
Contact Person: Samantha Harper
Contact Phone: 360-774-1104
Contact email: sharperQco.jetlerson.wa. us
AMOUNT: $169118
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Fund #
Munis Org/Obj
Exempt from Bid Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
✓ RFP or RFQ
Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COM LIANCE WITH J C 3.55.081) AND CHAPTER 42.23 RCW
CERTIFIED: F N/A: ( 23
4052128-0
4052128-0
N/A
N/A
405
PROCESS:
Signature - U 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: F!] N/A: ® Z3
Signature Date
STEP 3 RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 3/18/2026.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 3/18/2026.
Thanks for fixing the contract. Please delete the Hunsucker email from the
packet --It is attorney -client communication.
STEP 5: DEPARTMENT MAKES REVISIONS &
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
RESUBMITS TO RISK MANAGEMENT AND
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