HomeMy WebLinkAboutTetra Tech Phase 3 Department of Public Works
O Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
To: Board of Commissioners
Mark McCauley, County Administrator
From: Monte Reinders, P.E., Public Works Director/County Engineer'
Agenda Date: April 22, 2024
Subject: Professional Services Agreement with Tetra Tech for Phase 3—Low Pressure
Sewer Collection System for Port Hadlock UGA Engineering Construction
Support and Design of Stages 1—4-On-site Grinder Pump Project, Project No.
40521140, Commerce Project No. 22-96515-02, Ecology Agreement No
WQC 2024 JCoPWE-00034
Statement of Issue: Professional Services Agreement with Tetra Tech of Seattle, Washington for
engineering construction support for Phase 3—Low Pressure Sewer Collection System for Port Hadlock
UGA and the design of Stages 1—4—On-site Grinder Pump projects, Project No.40521140, Commerce
Project No. 22-96515-02, Ecology Agreement No WQC-2024—JCoPWE-00034.
Analysis/Strategic Goals/Pro's&Con's: The low pressure sewer collection system project is the
installation of approximately 3 miles of High Density Poly Ethylene (HDPE) low pressure sewer collection
system within the Phase I Port Hadlock Urban Growth Area (UGA). In addition,the design of the four(4)
stages, approximately 25 properties per stage,for the on-site grinder pump. The design for the on-site
grinder pumps includes the conversion of the existing properties within the Phase I (core area)from
septic systems to connection to the Port Hadlock Wastewater system. The designs in the sewer
connection from the existing building, installation of the grinder pump,connection from the grinder
pump to the sewer collection system, decommissioning of the existing septic tank and restoration of the
site. Therefore,this Professional Services Agreement is to provide both engineering construction
support for the low pressure sewer collection project and the design of Stages 1—4 of the on-site
grinder pump projects.
Fiscal Impact/Cost Benefit Analysis: The maximum amount payable under this agreement is
$218,126.00. This agreement will be funded through Department of Commerce Funds and Department
of Ecology State Revolving Funds and Centennial Grant Funds.
Recommendation: Public Works recommends that the Board execute all three (3)originals of the
Professional Services Agreement with Tetra Tech, and return two (2) originals to Public Works for
further processing.
Department Contact: Samantha Harper, P.E.,Wastewater Project Manager, ext. 175.
Reviewed By:
Department of Public Works
O Consent Agenda
Page 2 of 2
Mark McCauley,Ynty Administrator Date
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Tetra Tech Contract No: ';y'�
Contract For: Pha.3-G.N.1an ENGR Cooslrudlon Suppon and Design or Sfage l-4On.St.G—M,Pumps Term: June 30, 2025
COUNTY DEPARTMENT: Public Works
Contact Person: Samantha Harper
Contact Phone: Ext.175
Contact email: sharper@co letlerson wa us
AMOUNT: $218,126 PROCESS: Exempt from Bid Process
Revenue: ARPA or Ecology Cooperative Purchase
Expenditure: 218,126 Competitive Sealed Bid
Matching Funds Required: N/A Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund# 4os ✓ RFP or RFQ
Munis Org/Obj Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: ■ N/A: Samantha Harper,P.E.
�m«" 4/12/2024
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.
oyl M.W*l er s.m.n.wrvn.N
IW frLLi 1. 'IRN N•.'amN.us.
■ Samantha Harper,P.E.?+�-••^C•.1111» w =•-•m• 4/12/2024
CERTIFIED: N/A:
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche):
Electronically approved by Risk Management on 4/16/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 4/17/2024.
Mostly county standard PSA languge. Changes were negotiated witht
help of the PAO.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED). NOTE: Includes required Ecology language
STEP 6: CONTRACTOR SIGNS for use of State 9evo ring F nd. SAH 240412
STEP 7: SUBMIT TO BOCC FOR APPROVAL rX
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PROFESSIONAL SERVICES AGREEMENT FOR
THIS PROFESIONAL 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.
1. Project Designation. The Consultant is retained by the County to perform engineering_
support on the Phase 3 —Low Pressure Sewer Collection System for Port Hadlock Urban
Growth Area(UGA) and design of the On-Site Grinder Pump Stages 1 -4.
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$218,126.00 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, Page I of I I
5. Ownership and Use of Documents. All documents, drawings, specifications, and other
materials produced by the Consultant in connection with the services rendered under this
Agreement shall be the property of the County whether the project for which they are
made is executed or not. The Consultant shall be permitted to retain copies, including
reproducible copies, of drawings and specifications for information,reference and use in
connection with Consultant's endeavors. Consultant shall not be held liable for reuse of
documents or modifications thereof, including electronic data, by County or its
representatives for any purpose other than the intent of this Agreement.
6. Compliance with laws. Consultant shall, in performing the services contemplated by this
Agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations, applicable to the services to be rendered under this
Agreement.
7. Indemnification. The Consultant shall defend, indemnify and hold the County, its
officers, officials, employees, agents and volunteers (and their marital communities)
harmless from any and all claims, injuries, damages, losses or suits including attorney
fees, arising out of or resulting from the acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the sole
negligence of the County. Should a court of competent jurisdiction determine that this
Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising
out of bodily injury to persons or damages to property caused by or resulting from the
concurrent negligence of the Consultant and the County, its officers, officials, employees,
agents and volunteers (and their marital communities)the Consultant's liability,
including the duty and cost to defend, hereunder shall be only to the extent of the
Consultant's negligence. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Consultant's waiver of immunity under
Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This
waiver has been mutually negotiated by the parties. The provisions of this section shall
survive the expiration or termination of this Agreement.
8. Insurance. Prior to commencing work, the Consultant shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage
in force during the terms of the Agreement.
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or used in
the performance of the work for a combined single limit of not less than$500,000 each
occurrence with the County named as an additional insured in connection with the
Consultant's performance of this Agreement. This insurance shall indicate on the
certificate of insurance the following coverage: (a)Owned automobiles; (b)Hired
automobiles; and, (3)Non-owned automobiles.
Commercial General Liability Insurance in an amount not less than a single limit of one
million dollars ($1,000,000)per occurrence and an aggregate of not less than two (2)
times the occurrence amount($2,000,000.00 minimum)for bodily injury, including death
and property damage, unless a greater amount is specified in the contract specifications.
Professional Services Agreement, Contract B, Page 2 of 11
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
Professional Services Agreement, Contract B, Page 3 of 11
requirements be construed to conflict with or otherwise limit the obligations concerning
indemnification of the County.
The Consultant's insurers shall have no right of recovery or subrogation against the
County(including its employees and other agents and agencies), it being the intention of
the parties that the insurance policies,with the exception of Professional Liability
Insurance, so affected shall protect both parties and be primary coverage for all losses
covered by the above described insurance.
Insurance companies issuing the policy or policies shall have no recourse against the
County(including its employees and other agents and agencies) for payment of any
premiums or for assessments under any form of policy.
All deductibles in the above described insurance policies shall be assumed by and be at
the sole risk of the Consultant.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of this Agreement by the County. At the option of the County, the
insurer shall reduce or eliminate deductibles or self-insured retention, or the Consultant
shall procure a bond guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
Insurance companies issuing the Consultant's insurance policy or policies shall have no
recourse against the County(including its employees and other agents and agencies)for
payment of any premiums or for assessments under any form of insurance policy.
Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment due,
or to become due,to the Consultant until the Consultant shall furnish additional security
covering such judgment as may be determined by the County.
Any coverage for third party liability claims provided to the County by a"Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy
of insurance the Consultant must provide in order to comply with this Agreement.
The County may,upon the Consultant's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Consultant.
The Consultant's liability insurance provisions shall be primary and noncontributory with
respect to any insurance or self-insurance programs covering the County, its elected and
appointed officers, officials, employees, and agents.
Any failure to comply with reporting provisions of the insurance policies shall not affect
coverage provided to the County, its officers, officials, employees, or agents.
The Consultant's insurance shall apply separately to each insured against whom claim is
made or suit is brought, except with respect to the limits of the insurer's liability.
Professional Services Agreement, Contract B, Page 4 of 11
The Consultant shall include all subconsultants as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subconsultant. All insurance
provisions for subconsultants shall be subject to all the requirements stated herein.
The insurance limits mandated for any insurance coverage required by this Agreement
are not intended to be an indication of exposure nor are they limitations on
indemnification.
The Consultant shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies, and
endorsements expiring before completion of services shall be promptly replaced. All the
insurance policies required by this Agreement shall provide that thirty(30)days prior to
cancellation, suspension, reduction or material change in the policy,notice of same shall
be given to the County Risk Manager by registered mail, return receipt requested.
The Consultant shall place insurance with insurers licensed to do business in the State of
Washington and having A.M. Best Company ratings of no less than A-,with the
exception that excess and umbrella coverage used to meet the requirements for limits of
liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the
State of Washington.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
9. Worker's Compensation(Industrial Insurance).
If and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor,partners,
owners or shareholders of the Consultant, the Consultant shall maintain workers'
compensation insurance at its own expense, as required by Title 51 RCW, for the term of
this Agreement and shall provide evidence of coverage to Jefferson County Risk
Management,upon request.
Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability with
limits meeting all applicable state and federal laws.
This coverage shall extend to any subconsultant that does not have their own worker's
compensation and employer's liability insurance.
The Consultant expressly waives by mutual negotiation all immunity and limitations on
liability,with respect to the County,under any industrial insurance act, disability benefit
act, or other employee benefit act of any jurisdiction which would otherwise be
applicable in the case of such claim.
If the County incurs any costs to enforce the provisions of this subsection, all cost and
fees shall be recoverable from the Consultant.
Professional Services Agreement, Contract B, Page 5 of 11
10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Consultant specifically has the right to direct and control Consultant's own activities,
and the activities of its subconsultants, employees, agents, and representatives, in
providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither Consultant nor any employee of
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this Agreement, including,but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal
income tax or social security or for contributing to the state industrial insurance program,
otherwise assuming the duties of an employer with respect to Consultant, or any
employee of Consultant.
11. Subcontracting Requirements.
The Consultant is responsible for meeting all terms and conditions of this Agreement
including standards of service, quality of materials and workmanship, costs, and
schedules. Failure of a subconsultant to perform is no defense to a breach of this
Agreement. The Consultant assumes responsibility for and all liability for the actions and
quality of services performed by any subconsultant.
Every subconsultant must agree in writing to follow every term of this Agreement. The
Consultant must provide every subconsultant's written agreement to follow every term of
this Agreement before the subconsultant can perform any services under this Agreement.
The County Engineer or their designee must approve any proposed subconsultant in
writing.
Any dispute arising between the Consultant and any subconsultant or between
subconsultant must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Consultant's performance required by this
Agreement.
12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission,percentage,brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award or making of this Agreement.
For breach or violation of this warranty, the County shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the contract price or
consideration, or otherwise recover, the full amount of such fee, commission,percentage,
brokerage fee, gift, or contingent fee.
13. Discrimination Prohibited. The Consultant,with regard to the work performed by it
under this Agreement,will not discriminate on the grounds of race, color,national origin,
Professional Services Agreement, Contract B, Page 6 of 11
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
Geoff Baldwin
2003 Western Avenue, Suite 700, Seattle,WA 98121
18. Integratedgreement. This Agreement together with attachments or addenda,represents
the entire and integrated Agreement between the County and the Consultant and
Professional Services Agreement, Contract B, Page 7 of 11
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.
22. 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.
23. 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.
24. 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.
25. 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.
Professional Services Agreement, Contract B, Page 8 of 11
26. 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.
27. 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.
28. 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.
29. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
30. Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
31. 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.
32. Force Maieure. Consultant shall not be liable for any damages caused by any delay that
is beyond Consultant's reasonable control, including but not limited to 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.
33. 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.
34. 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. 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. 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.
Professional Services Agreement, Contract B, Page 9 of 11
35. Ecology Fund Requirements. Attached to this Agreement(Exhibit C) is the Washington
State Department of Ecology Water Pollution Control Revolving Fund Engineering
Services Insert, Revised 10/24/14.
Professional Services Agreement, Contract B, Page 10 of I 1
DATED this day of , 20
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Tetra Tech, Inc.
Name of Consultant Kate Dean,District 1
Gordon Munro
Consultant Representative(Please print) Heidi Eisenhour,District 2
Digitally signed by Geathey G.Baldwin
ON:C.US,E-geoH.baldwm@IeVatech.com,
=Geol g G Baldwin
Reay��^agree to me terms ddined by the placement
d my aenfo G on this dowm to
Canted Inlo'. I S N3 BalAwn for Gordan Munro
Oete'2o2a.W.IB 09.30.31-OT00'
(Signature) Greg Brotherton,District 3
Vice President
Title
April 18, 2024
Date
Approved,as to form only:
C April 14, 2024
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Monte emders, P.E. ate
Public Works Director/County Engineer
Professional Services Agreement, Contract B, Page I I of I I
EXHIBIT A
SCOPE OF WORK
JEFFERSON COUNTY DEPARTMENT OF PUBLIC WORKS
PORT HADLOCK COLLECTION SYSTEM COSNTRUCTION PHASE
SERVICES
COMMERCE NO. 22-96515-02
ECOLOGY NO. WQC 2024 JCOPWE-00034
PHASE 3 LOW PRESSURE SEWER COLLECTION SYSTEM
CONSTRUCTION PHASE SERVICES
AND
PHASE 4 GRINDER PUMP DESIGN PHASE SERVICES
GENERAL — CONSTRUCTION SERVICES
The scope of services provides services during construction of the Phase 3— Low Pressure Sewer
Collection System for Port Hadlock Urban Growth Area (UGA) and are described in the task below.
TASK 8000 — CONSTRUCTION SERVICES
Subtask 8001 — Project Management
This task includes budget to track, monitor, plan, and manage the work within the scope of this
agreement for an additional 10 months—the contract period of performance to June 30, 202S.
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 10 month period.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.
Subtask 8002 — Prepare Quality Assurance Plans
Provide a quality assurance plan as required by WAC 173-240-075.
Subtask 8003 — Phase 3 Low Pressure Sewer Collection System
Construction Engineering Support Services
Scope of Work for Engineering Construction Support Services on this project is to include participation in
meetings with the Contractor and County(both virtual and in-person), review of certain submittals
(transmitted electronically), site inspections at key points during the project, change order review and
assistance with preparation, and availability for email/phone questions by the County.
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. Bi-Weekly Site Visit: Tt project manager or Project Engineer will visit the site bi-weekly to attend
coordination meeting with the County's Project Manager and Contractor. Assist County with review
of construction progress, clarifications, upcoming work, and any problems/coordination issues for a
period of 10 months ending January 31, 2025.Tt will attend the all-other progress meeting virtually.
c. Submittal Review: Shop drawings and submittal review. This scope of work assumes up to 10
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 4 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 5 RFI's. It is assumed each RFI response would include up to 7 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.
f. Substantial Completion/Final Inspection: Tt to provide inspections to verify substantial completion
and final completion including preparation of punch list items for remaining work.
g. 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.
h. 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.
TASK 8100 — ON-SITE GRINDER PUMP
TASK 8102 — GRINDER PUMP DESIGN SERVICES
Subtask 8102 — 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 protects 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 1—25 sheets
— Stages 2-4—45 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 1 Grinder Pump Plans and Specification
• Final Stage 1 Grinder Pump Plans and Specification
• 90%Stage 2-4 Grinder Pump Plans and Specification
• Final Stage 2-4 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 8103 — 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.
Revision Date: Labor Plan Price Summary/Totals
Price Proposal Feb 27,2024 9 Resource Task Pricing Totals 218,126
Pt.Hadlock Construction Services EXhll,lt O Specify Add'I Fees on Setup 0
Exhibit I UU l O Technology Use Fee
Collection System Construction Phase Services Total Price 218,126
Su mitted to:Jefferson County Department of Public Works(Attn:Samantha Harper) Unit Rate Qt s
y p 8 e ? Items>Eleevenwles Pricing by Resource
Contract Type:T&M
s Total g_ _ - a W _ E van, mle Task Pricing
Schedule .� LaborHrs `f m .4, 8 3 c .N^ N I
< ch,reeato> M6E P,t<6 Y.[ Labor Subs Travel Mat'Is&EquipODCs Totals
Project Phases/Tasks Thru oath. 3 0 31,238 los 392 276 64 26 256 67 Q.--t:, 1,320 0.23% 215,899 1,110 1,016 218,126
BBBBBIB
ABBBBBBBB�
8000 Collection System Construction Phase Services 03/01/14 01/31/25 10.8 24 216 642 IB 72 202 144 bd % S8 1,200 108,230 1,100 924 1301254
8001 Project Management 03/01/24 01/31/25 10.8 14 116 54 ]0 10 1 24 O.Y% 9.)11 9.711
8002 Prepare Quality Assurance Plan 03/01/24 01/31/25 ]0.8 24 216 24 4 8 11 1 O.Y% 3,952 3,952
8003 Construction Administration 03/01/24 01/3112S 10.8 24 216 SY a Y 174 ]Y % % 1,100 %.667 iij. 114 %'691
03/01/24 01/31/25
03/01n4 01/31/25
03/O1/24 Ou31/25
G3101/24 01/31/25
03/01/24 01/31/25
03/01/24 01/31/25
03/01/24 01/31/25
03/01/24 01/31/25
8100 Grinder Pump Ded 5% 29 36 190 132 28 172 9 120 107,669 I10 92 107,872
8101 Project Management N101124 12/31/24 88 20 1 1)6 38 9 20 9
9102 Griller Pump 0e118n 4% L 22 1Y 120 28 1% Y,410 Y.Y9
03/01/24 12/31/24
04/01/24 12/31/24
N101124 12/31/24
04/01/24 12/31/24
04/01/24 12/31/24
04/01/24 12/31/24
8103 Griller Pump Bid Support 2 a 14 12 l6 120 110 92 11AY
04/01/24 12/31/24
Totals 03/01/24 01/3112s 1 10.e 1 1238 1Y 392 276 Y 28 256 67 Quantinei> 1 320 o.23x 1 215,899 1 210 1016 218126
Tetra Tech-Confidential and Proprietary Page 1 of 1 Printed 212712024
Exhibit C
WASHINGTON STATE DEPARTMENT OF ECOLOGY
WATER POLLUTION CONTROL REVOLVING FUND
DEPARTMENT OF ENGINEERING SERVICES INSERT
ECOLOGY Revised 10/24/14
State of Washington
The following clauses will be incorporated into contracts for engineering services receiving
financial assistance from the Washington State Department of Ecology Water Pollution Control
Revolving Fund. In the event of conflict within the contract these clauses shall take precedence
Compliance with State and Local Laws
The engineering services provider(CONTRACTOR) shall assure compliance with all applicable
federal, state, and local laws, requirements, and ordinances as they pertain to the design,
implementation, and administration of the approved project.
State Interest Exclusion
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. Neither the State of Washington nor any of
its departments or employees are, or shall be, a party to this contract or any subcontract.
Third Party Beneficiary
Partial funding of this project is being provided through the Washington State Department of
Ecology Water Pollution Control Revolving Fund. All parties agree that the State of Washington
shall be, and is hereby,named as an express third-party beneficiary of this contract,with full
rights as such.
Cost Basis of Contract
No contract may be written for "cost-plus-a-percentage-of-cost" or"percentage of construction
cost." The cost basis for this contract must be cost-reimbursement, unit price, fixed-price, time
and materials, or any combination of these four methods.
Funding Recognition
Documents produced under this agreement shall inform the public that the project received
financial assistance from the Washington State Water Pollution Control Revolving Fund.
Washington State Department of Ecology's and the EPA's logomust be on all signs and
documents. Logos will be provided as needed.
Access to the work site and to records
The CONTRACTOR shall provide for access to their records by Washington State Department
of Ecology and Environmental Protection Agency(EPA)personnel.
SRF Specification insert 1 Revised 10/24/2014
Exhibit C
The CONTRACTOR shall maintain accurate records and accounts to facilitate the Owner's audit
requirements and shall ensure that all subcontractors maintain auditable records. These records
shall be separate and distinct from the CONTRACTOR's other records and accounts.
All such records shall be available to the Owner and to Washington State Department of Ecology
and EPA personnel for examination. All records pertinent to this project shall be retained by the
CONTRACTOR for a period of three (3)years after the final audit.
Certification Reeardine Suspension, Debarment, Ineligibility Or Voluntary
Exclusion
1. The CONTRACTOR, by signing this agreement, certifies that it is not suspended,
debarred,proposed for debarment, declared ineligible or otherwise excluded from
contracting with the federal government, or from receiving contracts paid for with federal
funds. If the CONTRACTOR is unable to certify to the statements contained in the
certification, they must provide an explanation as to why they cannot.
2. The CONTRACTOR shall provide immediate written notice to the Washington State
Department of Ecology if at any time the CONTRACTOR learns that its certification was
erroneous when submitted or had become erroneous by reason of changed circumstances.
3. The terms covered transaction, debarred, suspended, ineligible, lower tier covered
transaction,participant,person,primary covered transaction,principal,proposal, and
voluntarily excluded, as used in this clause, have the meaning set out in the Definitions
and Coverage sections of rules implementing Executive Order 12549. You may contact
the Washington State Department of Ecology for assistance in obtaining a copy of the
regulations.
4. The CONTRACTOR agrees it shall not knowingly enter into any lower tier covered
transaction with a person who is proposed for debarment under the applicable Code of
Federal Regulations, debarred, suspended, declared ineligible, or voluntarily excluded
from participation in this covered transaction.
5. The CONTRACTOR further agrees by signing this agreement,that it will include this
clause titled"Certification Regarding Suspension, Debarment, Ineligibility Or Voluntary
Exclusion"without modification in all lower tier covered transactions and in all
solicitations for lower tier covered transactions.
6. Pursuant to 2CFR180.330, the CONTRACTOR is responsible for ensuring that any lower
tier covered transaction complies with certification of suspension and debarment
requirements.
7. The CONTRACTOR acknowledges that failing to disclose the information required in
the Code of Federal Regulations may result in the delay or negation of this funding
agreement, or pursuance of legal remedies, including suspension and debarment.
8. The CONTRACTOR agrees to keep proof in its agreement file that it and all lower tier
SRF Specification Insert 2 Revised 10/24/2014
Exhibit C
recipients or contractors are not suspended or debarred and will make this proof available
to the Washington State Department of Ecology upon request. The
RECIPIENT/CONTRACTOR must run a search in h_ptt� ://www.sam. og_v/ and print a copy
of completed searches to document proof of compliance.
This term and condition supersedes EPA Form 5700-49, "Certification Regarding Debarment,
Suspension, and Other Responsibility Matters."
Disadvantaged Business Enterprises
General Compliance (40 CFR Part 33 .
The CONTRACTOR shall comply with the requirements of the Environmental Protection
Agency's Program for Participation By Disadvantaged Business Enterprises (DBE)40 CFR Part
33.
Non-discrimination Provision (40CFR Appendix A to Part 33).
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.
Six Good Faith Efforts (40 CFR Part 33 Subpart CZ
The CONTRACTOR agrees to make the following good faith efforts whenever procuring
subcontracts, equipment, services and supplies. The CONTRACTOR shall retain records
documenting compliance with the following six good faith efforts.
1. Ensuring Disadvantaged Business Enterprises are made aware of contracting
opportunities to the fullest extent practicable through outreach and recruitment activities.
For Indian Tribal, State and Local and Government recipients, this will include placing
Disadvantaged Business Enterprises on solicitation lists and soliciting them whenever
they are potential sources. Qualified Women and Minority business enterprises may be
found on the Internet at www.omwbe.wa.gov or by contacting the Washington State
Office of Minority and Women's Enterprises at(866) 208-1064.
2. Making information on forthcoming opportunities available to Disadvantaged Business
Enterprises and arrange time frames for contracts and establish delivery schedules, where
the requirements permit, in a way that encourages and facilitates participation by
Disadvantaged Business Enterprises in the competitive process. This includes, whenever
possible,posting solicitations for bids or proposals for a minimum of thirty(30)calendar
days before the bid or proposal closing date.
3. Considering in the contracting process whether firms competing for large contracts could
subcontract with Disadvantaged Business Enterprises. For Indian Tribal, State and local
Government recipients, this will include dividing total requirements when economically
feasible into smaller tasks or quantities to permit maximum participation by
Disadvantaged Business Enterprises in the competitive process.
4. Encourage contracting with a consortium of Disadvantaged Business Enterprises when a
SRF Specification Insert 3 Revised 10/24/2014
Exhibit C
contract is too large for one of these firms to handle individually.
5. Using services and assistance of the Small Business Administration and the Minority
Business Development Agency of the Department of Commerce.
6. If the prime contractor awards subcontracts, requiring the subcontractors to take the six
good faith efforts in paragraphs 1 through 5 above.
SRF Specification Insert 4 Revised 10/24/2014