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HomeMy WebLinkAboutDCD BID 2024 10 03 RFP JeffCo CWSP Request for Proposals Information 2025 COORDINATED WATER SYSTEM PLAN UPDATE Jefferson County Department of Community Development Issue Date: October 3, 2024 Closing Date: Thursday, November 7, 2024, 4:00PM Contact for Questions Contact: Brent A. Butler Email: bbutler@co.jefferson.wa.us Vendor Information Firm Name: Contact Name: Address: City: State Zip Phone: Fax: E-Mail: Return Proposals by 4:00pm, November 7, 2024 to: Brent A. Butler, AICP Chief Strategy Officer, Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT THIS PAGE INTENTIONALLY LEFT BLANK 1 Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 2025 COORDINATED WATER SYSTEM PLAN UPDATE TABLE OF CONTENTS Submittal Due Date ...................................................................................................................................... 2 General Information ..................................................................................................................................... 2 Description of Project .................................................................................................................................. 2 Expected Term of Resulting Agreement ...................................................................................................... 3 Scope of Work .............................................................................................................................................. 3 Submittal checklist ....................................................................................................................................... 6 COUNTY’s evaluation of proposals .............................................................................................................. 6 General Terms and Conditions .................................................................................................................... 9 Professional Services Agreement ............................................................................................................. 10 Required Signature Page for Proposal ....................................................................................................... 19 THIS PAGE MUST BE SIGNED (LEGALLY BINDING) AND BE RETURNED WITH THE PROPOSAL .................. 19 Contract Compliance for Professional, Technical, Supply or Services ...................................................... 20 Non-Collusion & Debarment Affidavit ...................................................................................................... 21 Subcontractors Participation Form for Professional, Technical, Supply or Service PSAs-SUBMIT WITH PROPOSAL OR PRIOR TO AWARD ................................................................................................... 22 E-Verify Declaration- SUBMIT WITH PROPOSAL OR PRIOR TO AWARD ................................................... 23 Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 2 SUBMITTAL DUE DATE To be eligible for consideration five (5) hard copies and one (1) electronic copy, in pdf format, on a USB drive of a vendor's response to this Request for Proposals (hereafter called "response" or "proposal") must be received by the Jefferson County Development of Community Development, 621 Sheridan Street, Port Townsend, Washington 98368 no later than close of business, 4:00 PM, Thursday, November 7, 2024. The response must be submitted in a sealed envelope with the vendor’s name, Request for Proposals and the due date clearly identified on the outside. Request for Proposal (RFP) NOTIFICATIONS LIST All interested potential proposers must email the contact on the front page of this RFP to request to be put on the procurement list to receive RFP addenda and additional procurement updates. By requesting to be placed on the procurement list, firms will automatically be notified when new documents or changes relating to this procurement occurs if not posted on the official website, which is listed below. Official Website: https://www.co.jefferson.wa.us/1764/Coordinated-Water-System GENERAL INFORMATION The Jefferson County Department of Community Development provides a wide variety of public services: • Building Safety and Inspection • Fire Marshal Services • Resource Management • Long-Range (Advanced) Planning • Current Planning The Department's website is a valuable resource for information about the many services that the Department of Community Development provides. Please access the departmental website below. https://www.co.jefferson.wa.us/260/Community-Development DESCRIPTION OF PROJECT Jefferson County is requesting the services of a consultant to update/rewrite the 1997 Coordinated Water System Plan (CWSP) drafted in accordance with the Public Water System Coordination Act (Coordination Act) of 1977, RCW 70.116, and to prepare a “White Paper” with a preliminary analysis and outline identifying CWSP quality, supply and data considerations specific to climate change. In 1983, Jefferson County declared a Critical Water Supply Service Area (“CWSSA”) through the adoption of resolutions 97-83 and 118-83, and appointed a Water Utility Coordinating Committee (WUCC) to oversee the development and implementation of a CWSP. Water planning, engineering and technical analysis resulted in the county’s 1986 CWSP adopted through resolution 13-86 by the Jefferson County Board of Commissioners (Board or BoCC) on January 23, 1986. In 2024, the Board established a new WUCC by Resolution 08-24. In the 1990s, the WUCC sought to update the 1986 CWSP. This effort resulted in a 1997 CWSP update which provides a useful overview. The 1997 CWSP will assist the successful proposer understand the challenges facing water purveyors in the CWSSA, and may be a good starting point in the development of the 2025 CWSP. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 3 EXPECTED TERM OF RESULTING AGREEMENT The expected term of the initial contract will be 18 months and may be extended upon the Proposer’s or County’s request. The CWSP will likely be incorporated by reference in the Jefferson County Comprehensive Plan Capital Facilities Element, as part of the Periodic Update or, alternatively, in the 2026 Comprehensive Plan update. Jefferson County is required to complete a ‘White Paper’ by June 2025, as set forth in this RFP. Adoption of the updated CWSP may occur with the county’s periodic update by December 31, 2025 pursuant to statute, RCW 36.70A.130 (5) (b), or with the 2026 comprehensive plan update cycle by December 31, 2026. SCOPE OF WORK – EXHIBIT A Jefferson County Department of Community Development requests the services of a consultant to undertake a major update of the CWSP. Related information can be found on our CWSP web page; https://www.co.jefferson.wa.us/1764/Coordinated-Water-System In your submittal, Jefferson County requests proposers to provide detailed cost estimates of updating or rewriting the 1997 CWSP to meet the state’s minimum requirements and completing a companion ‘White Paper’ by June 2025. Proposers are requested to separately estimate costs for those accompanying activities that are ‘best practices’ but not required by state law such as the (1) Climate Change White Paper and (2) Group B system meetings and coordination. It is anticipated that the contractor will be responsible for the following items; however, the final scope will be further negotiated with the successful consultant. 1) Facilitate eleven (11) meetings consisting of: • Six (6) Water Utility Coordinating Committee (WUCC) meetings, which are anticipated once per quarter and • Two (2) subcommittee meetings, • Two (2) joint departmental meetings with the Public Health Department, specifically the Environmental Public Health, and the Department of Community Development staff • One (1) water purveyor meeting, which would bring together Group A water utilities with fewer than 50 connections and Group B water utilities NOTE: While required for this submittal, the water purveyor meeting would not typically be a requirement for the CWSP. The associated costs should therefore be estimated separately as an optional activity. 2) Research relevant topics and draft background material, procedures, and policies. 3) Incorporated new provisions governing water systems, including among others components, the State Municipal Water Law of 2003, updated definitions of municipal water supplier, required water use efficiency measures, and water loss control. 4) Draft a “White Paper” by June 2025 that presents the climate change issues related to the CWSP update such as quality, supply and data considerations 5) Present draft material to WUCC for discussion and revision. 6) Draft CWSP document that reflects the WUCC’s final recommendation. 7) Review Jefferson County Code for consistency with CWSP Update, and if necessary, draft amendments to the code or Comprehensive Plan for Jefferson County. 4 Priority Topics to be Reviewed/Updated or Rewritten: 8) Subsequent Updates. Pursuant to the Public Water System Coordination Act, RCW 70A.100.030, the 2025 CWSP must include provisions for subsequently updating the 2025 CWSP. 9) Future and Existing Service Area(s). Pursuant to RCW 70A.100.030, the 2025 CWSP shall include provisions regarding future service area designations, as more broadly set forth in the 1997 CWSP Section 10.10 Jefferson County Water Supply Strategy; • retail service area designations • explain function and process to establish, amend, or appeal boundaries. • population growth projections/sub-area growth rates encompassing Group A systems required to plan per WAC 246-290-100. • complete a countywide water supply/demand analysis (i.e., compilation of existing information). • include Group B growth projections (optional deliverable) 10) Shared Source, Transmission, and Storage Facilities. Pursuant to RCW 70A.100.030, the 2025 CWSP shall include provisions regarding the feasibility of shared source, transmission, and storage facilities as preliminarily set forth in • assessment of the feasibility of shared source (i.e., regional water sources). • assessment of the feasibility of shared transmission. • assessment of the feasibility of shared storage facilities (i.e., wholesale vs fire flow). 11) Emergency interties. Pursuant to RCW 70A.100.030 and RCW 90.03.383, the 2025 CWSP shall update or rewrite section regarding emergency interties as included in the1997 CWSP sections, including among others, 4.6.1 Design Standards; with a special focus on the following: • existing interties • minimum intertie design standards • potential opportunities • potential benefits 12) Design standards. Pursuant to RCW 70A.100.030, the 2025 CWSP shall include an update or rewriting of the minimum standards and specifications included in Section 4 of the 1997 CWSP. • review existing standards • update of minimum water system design standards • establish or refine minimum fire flow requirements • as identified in 9 above, review existing, and establish minimum intertie standards 13) Construction and operation. Pursuant to RCW 70A.100.030, other concerns related to the construction and operation of the water system facilities include, but may not be limited to, those issues identified in this RFP. Specifically identified issues include: • individual water system plans’ relationship to the CWSP. • clarifying the CWSP’s intent. • utility service review and procedures. • satellite management agencies’ policies. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 5 14) Water Resource Management. The identification and explanation of relevance of all existing water resource management efforts, including but not limited to, water resource plans, water quality plans, sewer plans, watershed restoration and enhancement plans, and water pollution control plans which have been adopted by Jefferson County or regional and State government within the Critical Water Supply Service Area (CWSSA) boundaries. 15) Succession planning. Provide reasonable approach(es) to address systems whose operators will retire with neither succession plans in place nor a robust pool of operators. 16) Receivership. Coordinate with stakeholders a process to address receivership policies and process. 17) Water System Regionalization/Consolidation. Identify when to encourage regionalization of water systems as an alternative to consolidation 18) Wholesale water. Consider issues regarding the establishment of service areas and expansion of water rights. 19) Wellhead Protection. Permitted uses within wellhead protection areas. 20) Definitions. Timely and reasonable water service. 21) Consistency/Reference. Relationship between RCW/WAC regulations and the Jefferson County Public Health Department policies associated with individual wells within designated retail service areas. Reference to governing structures for the different type of water systems/purveyors. 22) Proactive Approaches Summary. Background information explaining why proactive water system (capital) investments may be necessary. 23) Reclaimed Water. Providing reclaimed water within another’s retail service area. Project Deliverables: 1) Facilitate and attend all WUCC meetings and other relevant subcommittee meetings. 2) Draft background materials, procedures, and policies for the WUCC and subcommittee discussion and review. 3) Finalize a CWSP White Paper with a preliminary analysis and outline of climate change issues by June 2025 (referenced as Deliverable 5 in Jefferson County’s Interagency Agreement with Department of Commerce’s Growth Management Services per contract # 24-63610-127) 4) Draft 2025 or 2026 CWSP for WUCC to discussion and review. 5) Draft CWSP document that reflects the WUCC’s final recommendations. 6) Draft amendments to Jefferson County Code, as necessary. 7) A single hardcopy and electronic version of the final WUCC recommended document. Jefferson County Responsibilities: • Draft and facilitate the adoption a resolution to update the Water Utility Coordinating Committee (WUCC) membership. • Draft WUCC meeting procedures. • Provide/coordinate any needed meeting room(s). Regularly meet with consultant to review existing process/procedures. • Provide administrative support associated with WUCC and potential subcommittee 6 meetings (meeting notices, meeting summaries, etc.). • Provide hard copies of any necessary meeting material. • Establish/maintain a CWSP Update Webpage. Webpage information may include but not limited to WUCC membership, date/times of all scheduled meetings, issued papers, background information, opportunity to comment, and staff contact information. • Complete SEPA (note: planning level – DNS – refer to individual water system plans) Items NOT in the scope of the project: 1) Water system charges and rates. 2) Modifications to retail water system service areas (note: these modifications can be made through the individual water system plan process). 3) Timely and reasonable water service as related to water system charges and rates. RFP Timelines: TIME DATE Questions must be submitted, in writing, to the contact listed on the cover page. 4:00 PM Friday, October 18, 2024 Pre-bid zoom video meeting: 2PM, Friday, October 25, 2024 or Review responses on the county webpage below. 2:00 PM Friday October 25, 2024 Zoom Video meeting link: https://bit.ly/4eCgd8m Proposals must be received by the Department of Community Development 4:00 PM November 7, 2024 Proposals will be evaluated and, if multiple proposers are deemed capable of meeting the requirements, interviews will be held Thursday, November 14, 2024, 10am to 3pm Estimated date of notice of intention to negotiate a contract with the selected proposer Thursday, November 21, 2024 Estimated date of contract execution Approximately, December 12 three weeks after November 21, 2024 For updates visit: https://www.co.jefferson.wa.us/1764/Coordinated-Water-System Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 7 SUBMITTAL CHECKLIST For proposals to be considered, the following must be included in your submittal: Name, local address, email address and phone number of the firm making the proposal. The names and number of years the firm has been in business under current or previous names or additional assumed business names. The name and title of the person authorized to execute a contract on behalf of the firm. The name and resume of each individual who would be assigned to this project and each individual assigned to backup each primary person in his/her absence, together with similar information for each individual to be provided under any subcontract. Proposal documenting the team experience and listing similar projects, methods, and outcomes. Please also address your suggested strategies to working with the WUCC. Any additional services or procedures of benefit to the County not specifically required by this Request for Proposals, which the Contractor offers to provide. References listing customers with contracts for similar services. Required Signature Page for Proposal with all Addendum(s) acknowledged and with a legally binding signature. All of the items mentioned above submitted to Jefferson County should be printed both sides on recycled paper whenever practicable Five (5) hard copies and one (1) electronic copy on a USB drive, in pdf format, of the complete proposal. The proposals must be in a sealed envelope or appropriate packaging with the proposer’s name, address, RFP title, and RFP Due Date clearly marked on the outside of the envelope/package. One copy must be marked “original” and contain a legally binding signature. By submitting a proposal, proposer agrees that all documents, reports, proposals, submittals, working papers, or other materials prepared by the Contractor pursuant to this proposal shall become the sole and exclusive property of the County, and the public domain, and not the property of the Contractor. The Contractor shall not copyright, or cause to be copyrighted, any portion of said items submitted to the County because of this solicitation. COUNTY’S EVALUATION OF PROPOSALS Reserved Rights and Procedures: Jefferson County expressly reserves the following rights: a. To waive any and/or all irregularities in the proposals submitted. b. To reject any or all proposals or portions thereof. c. To base awards with due regard to quality of services, experience, compliance with specifications, and other such factors as may be necessary in the circumstances. d. To make the award to any vendor or combination of vendors whose proposal(s), in the opinion of the County, is in the best interest of the County. 8 EVALUATION CRITERIA: Matters relating to qualification to meet the County's needs will receive highest priority in evaluation. Matters relating to the means of meeting those needs described in the proposal will be considered secondary. After a proposal is selected, the County expects to negotiate the details of the work to be performed based upon the proposal and the County's needs and further negotiate appropriate pricing of selected tasks. If negotiations fail for any reason, including price, the County may choose to negotiate with other vendors to obtain an appropriate contract for needed services. Firms will be evaluated on the following criteria: 1. Proposal Presentation – The information is presented in a clear, logical manner and is well- organized. All required information was provided. (0 - 15 Points) 2. Qualifications & Experience – How the qualifications of the firm and key individuals meet the needs of the County. (0 – 20 Points) 3. Capacity & Availability – The vendor has the size, resources, and commitment to provide timely services based on the County’s needs. (0 – 10 Points) 4. Approach to Work – The vendor’s approach to work, including compliance with requirements, innovative offerings, services offered, and other related matters. (0 – 20 Points) 5. References – References either submitted with the proposal or known to the County. (0-5 Points) 6. Optional Work Items – The vendor’s inclusion of optional items including, but not limited to, guidance for Group B water systems and a Climate Change White Paper (0 to 20 points) FORMAT OF QUALIFICATION PROPOSALS Please use the following as a guideline to format your proposal: Font Size: Please use fonts no smaller than 11 point. Format: In order for Jefferson County to adequately compare and evaluate Proposals objectively each response to specific requests and criteria should be clearly labeled. Page Count: Maximum Proposal length not including title page, letter of interest, table of contents, resumes, and required forms should not exceed 25 pages. For the purpose of page limitations of the Proposal, one side of a printed page is considered one page. The County strongly encourages double- sided printing whenever possible. These requirements are in addition to any other requirements identified herein. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 9 GENERAL TERMS AND CONDITIONS The following terms and conditions apply to all proposals to provide services to Jefferson County: 1. Jefferson County expressly reserves the following rights: a. To reject any and/or all irregularities in the proposals submitted. b. To reject any or all proposals or portions thereof. c. To base awards with due regard to quality of services, experience, compliance with specifications, and other such factors as may be necessary in the circumstances. d. To make the award to any vendor or combination of vendors whose proposal(s), in the opinion of the County, is in the best interest of the County. 2. All proposals must be sealed in an envelope or appropriate packaging and addressed as requested in the RFP. The name and address of the vendor must appear on the envelope. The outside must state the RFP title and number and the RFP due date and time. 3. The RFP must be signed with ink by an authorized individual of the company empowered to act in that capacity before a contract will be negotiated. 4. Any proposal or modification received after the hour and date specified may be returned unopened. 5. All documents, reports, proposals, submittals, working papers, or other materials prepared by the Contractor pursuant to this proposal shall become the sole and exclusive property of the County, and the public domain, and not the property of the Contractor. The Contractor shall not copyright, or cause to be copyrighted, any portion of said items submitted to the County because of this solicitation. 6. All of the items mentioned in paragraph 5 above submitted to Jefferson County should be printed on recycled paper whenever practicable. 10 GENERAL CONDITIONS OF PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT FOR 2025 COORDINATED WATER SYSTEM PLAN UPDATE THIS PROFESIONAL SERVICES AGREEMENT (“this Agreement”) is entered into between the County of Jefferson, a municipal corporation (“the County”), and _________________________________________ (“the Contractor”), in consideration of the mutual benefits, terms, and conditions specified below. 1. Project Designation. The Contractor is retained by the County to perform the following Project: _______________________________________________________________ _______________________________________________________________________ _______________________________________________________________________. 2. Scope of Services. The Contractor agrees to perform the services identified on Exhibit “A” attached hereto including the provision of all labor. The Contractor shall perform its services consistent with the professional skill and care ordinarily provided by contractors practicing in the same or similar locality under the same or similar circumstances. 3. Time for Performance. This Agreement shall commence on and continue through . Work performed consistent with this Agreement during its term, put prior to the adoption of this Agreement, is hereby ratified. The Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit “A”. The Contractor shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. 4. Payment. The Contractor 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 The Contractor shall be made as provided on Exhibit “B” attached hereto, provided that the total amount of payment to The Contractor shall not exceed $___________ without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the 15th of the month for the previous month’s expenses. Such invoices will be checked by the County, and upon approval thereof, payment will be made to the Contractor in the amount approved. Failure to submit timely invoices and reports pursuant to Exhibit B of this Agreement may result in a denial of reimbursement. Invoices not submitted within 60 days may be denied. c. Final payment of any balance due the Contractor of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the complet ion of the work and submittal of reports under this Agreement and its acceptance by the County. d. Consultant shall provide invoices and necessary backup documentation for all services including timesheets and statements (specifying the services provided). Any indirect charges require the submittal of an indirect cost methodology and rate using 2 C.F.R. Part 255 and 2 C.F.R. Part 230. e. The Contractor’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 six (6) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All non-confidential or de-identified documents, drawings, specifications, and other materials produced by the Contractor 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 Contractor shall be permitted to retain copies, including Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 11 reproducible copies, of drawings and specifications for information, reference and use in connection with the Contractor’s endeavors. The Contractor 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. The Contractor 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. Audit. An audit will be submitted to the County upon request. Upon request, the Contractor will submit the most recent financial audit within 30 days. a. Upon request the County shall have the option of performing an onsite review of all records, statements, and documentation. b. If the County finds indications of potential non-compliance during the monitoring process, the County shall notify the Contractor within ten (10) days. County and The Contractor shall meet to discuss areas of contention in an attempt to resolve issues. c. Audit will provide statements consistent with the guidelines of Reporting for Other Non-Profit Organizations AICPA SOP 78-10, and is performed in accordance with generally accepted auditing standards and with Federal Standards for Audit of Governmental Organizations, Programs, Activities and Functions, and meeting all requirements of 2 C.F.R. Part 200, as applicable. 8. Indemnification. The Contractor shall indemnify and hold harmless the County, its past or present employees, officers, agents, elected or appointed officials or volunteers (and their marital communities), from and against all claims, losses or liability, or any portion thereof, including reasonable attorney’s fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to the Contractor’s own employees, or damage to property occasioned by a negligent act, omission or failure of the Contractor. The Contractor shall be liable only to the extent of the Contractor’s proportional negligence. The Contractor specifically assumes potential liability for actions brought against the County by the Contractor's employees, including all other persons engaged in the performance of any work or service required of the Contractor under this Agreement and, solely for the purpose of this indemnification and defense, the Contractor specifically waives any immunity under the state industrial insurance law, Title 51 R.C.W. The Contractor recognizes that this waiver was specifically entered into pursuant to provisions of R.C.W. 4.24.115 and was subject of mutual negotiation. 9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance coverage specified below and shall keep such coverage in force during the terms of this Agreement. a. Commercial Automobile Liability Insurance providing bodily injury and propert y 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 Contractor’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. b. Commercial General Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and an aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance 12 coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverages: i. Broad Form Property Damage, with no employee exclusion; ii. Personal Injury Liability, including extended bodily injury; iii. Broad Form Contractual/Commercial Liability – including coverage for products and completed operations; iv. Premises – Operations Liability (M&C); v. Independent Contractors and subcontractors; vi. Blanket Contractual Liability; and, vii. Employer’s Liability or Stop Gap Coverage. c. Professional Liability Insurance. The Contractor shall maintain professional liability insurance against legal liability arising out of activity related to the performance of this Agreement, on a form acceptable to Jefferson County Risk Management in the amounts of not less than $1,000,000 Each Claim and $2,000,000 Aggregate. The professional liability insurance policy should be on an “occurrence” form. If the professional liability policy is “claims made,” then an extended reporting periods coverage (tail coverage) shall be purchased for three (3) years after the end of this Agreement, at the Contractor’s sole expense. The Contractor agrees the Contractor’s insurance obligation to provide professional liability insurance shall survive the completion or termination of this Agreement for a minimum period of three (3) years. d. 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. e. 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. f. The Contractor shall furnish the County with properly executed certificates of insurance that, at a minimum, shall include: (a) The limits of overage; (b) The project name to which it applies; (c) The certificate holder as Jefferson County, Washington and its elected officials, officers, and employees with the address of Jefferson County Risk Management, 1820 Jefferson Street, 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 Contractor 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 Contractor 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. g. Failure of the Contractor to take out or maintain any required insurance shall not relieve the Contractor from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification of the County. h. The Contractor’s insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 13 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. i. 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. j. All deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Contractor. k. 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 Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. l. Insurance companies issuing the Contractor’s insurance policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of insurance policy. m. Any judgments for which the County may be liable, in excess of insured amounts required by this Agreement, or any portion thereof, may be withheld from payment due, or to become due, to the Contractor until the Contractor shall furnish additional security covering such judgment as may be determined by the County. n. 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 Contractor must provide in order to comply with this Agreement. o. The County may, upon the Contractor’s failure to comply with all provisions of this Agreement relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. p. The Contractor’s liability insurance provisions shall be primary and noncontributory with respect to any insurance or self-insurance programs covering the County, its elected and appointed officers, officials, employees, and agents. q. 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. r. The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates from each subcontractor. All insurance provisions for subcontractors shall be subject to all the requirements stated herein. t. 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. u. The Contractor shall maintain all required insurance policies in force from the time services commence until services are completed. Certificates, insurance policies, and endorsements expiring before completion of services shall be promptly replaced. All the insurance policies required by this Agreement shall provide that thirty (30) days prior to cancellation, suspension, 14 reduction or material change in the policy, notice of same shall be given to the Jefferson County Risk Manager by registered mail, return receipt requested. v. The Contractor shall place insurance with insurers licensed to do business in the State of Washington and having A.M. Best Company ratings of no less than A-, with the exception that excess and umbrella coverage used to meet the requirements for limits of liability or gaps in coverage need not be placed with insurers or re-insurers licensed in the State of Washington. w. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. 10. Worker’s Compensation (Industrial Insurance). a. If and only if the Contractor 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 Contractor, the Contractor shall maintain workers’ compensation insurance at its own expense, as required by Title 51 RCW, for the term of this Agreement and shall provide evidence of coverage to the Jefferson County Risk Manager, upon request. b. Worker’s compensation insurance covering all employees with limits meeting all applicable state and federal laws. c. This coverage shall extend to any subcontractor that does not have their own worker’s compensation and employer’s liability insurance. d. The Contractor expressly waives by mutual negotiation all immunity and limitations on liability, with respect to the County, under any industrial insurance act, disability benefit act, or other employee benefit act of any jurisdiction which would otherwise be applicable in the case of such claim. e. If the County incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the Contractor. 11. Independent Contractor. The Contractor and the County agree that the Contractor is an independent contractor with respect to the services provided pursuant to this Agreement. the Contractor specifically has the right to direct and control the Contractor’s own activities, and the activities of its subcontractors, employees, agents, and representatives, in providing the agreed services in accordance with the specifications set out in this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties. Neither the Contractor nor any employee of The Contractor 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 the Contractor, or any employee of the Contractor. 12. Subcontracting Requirements. a. The Contractor is responsible for meeting all terms and conditions of this Agreement including standards of service, quality of materials and workmanship, costs, and schedules. Failure of a subcontractor to perform is no defense to a breach of this Agreement. The Contractor assumes responsibility for and all liability for the actions and quality of services performed by any subcontractor. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 15 b. Every subcontractor must agree in writing to follow every term of this Agreement. The Contractor must provide every subcontractor’s written agreement to follow every term of this Agreement before the subcontractor can perform any services under this Agreement. The Department of Community Development Director or their designee must approve any proposed subcontractors in writing. c. Any dispute arising between the Contractor and any subcontractors or between subcontractors must be resolved without involvement of any kind on the part of the County and without detrimental impact on the Contractor’s performance required by this Agreement. 13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the Contractor, 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 Contractor, 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. 14. Discrimination Prohibited. The Contractor, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, gender, sexual orientation, material status, sex, or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 15. No Assignment. The Contractor 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. 16. Non-Waiver. Waiver by the County of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 17. Termination. a. The County reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Contractor. b. In the event of the death of a member, partner, or officer of the Contractor, or any of its supervisory personnel assigned to the project, the surviving members of the Contractor 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 Contractor and the County, if the County so chooses. c. The County reserves the right to terminate this contract in whole or in part, with 10 days’ notice, in the event that expected or actual funding from any funding source is withdrawn, reduced, or limited in any way after the effective date of this agreement. In the event of termination under this clause, the County shall be liable for only payment for services rendered prior to the effective date of termination. 18. 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 Chief Strategy Officer 16 Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 bbutler@co.jefferson.wa.us Notices to the Contractor shall be sent to the following address: _____________________________________ _____________________________________ _____________________________________ 19. Integrated Agreement. This Agreement together with attachments or addenda represents the entire and integrated Agreement between the County and the Contractor and supersedes all prior negotiations, representations, or agreements written or oral. No representation or promise not expressly contained in this Agreement has been made. This Agreement supersedes all prior or simultaneous representations, discussions, negotiations, and agreements, whether written or oral, by the County within the scope of this Agreement. The Contractor ratifies and adopts all statements, representations, warranties, covenants, and agreements contained in its proposal, and the supporting material submitted by the Contractor, accepts this Agreement and agrees to all of the terms and conditions of this Agreement. 20. Modification of this Agreement. This Agreement may be amended only by written instrument signed by both County and Contractor. 21. 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 County Risk Manager, 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 Contractor hereby consents to the personal jurisdiction of the Superior Court of the State of Washington for Jefferson County. 22. 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. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 17 26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and inure to the benefit of the parties’ successors in interest, heirs, and assigns. 27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by this Agreement without the express written consent of the County. 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-Length Negotiations. The parties agree that this Agreement has been negotiated at arms- length, with the assistance and advice of competent, independent legal counsel. 32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to the extent any record, including any electronic, audio, paper or other media, is required to be kept or indexed as a public record in accordance with the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain all records constituting public records and to produce or assist the County in producing such records, within the time frames and parameters set forth in state law. The Contractor further agrees that upon receipt of any written public record request, Contractor shall, within two business days, notify the County by providing a copy of the request per the notice provisions of this Agreement. This Agreement, once executed, will be a “public record” subject to production to a third party if same is requested pursuant to· the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be amended. DATED this ________________ day of ___________________, 20______. (SIGNATURES FOLLOW ON THE NEXT PAGE) 18 NAME OF CONTRACTOR JEFFERSON COUNTY BOARD OF COMMISSIONERS __________________________________ _______________________________ Name of the Contractor Kate Dean, Chair __________________________________ _______________________________ Contractor Representative (Please print) Greg Brotherton, Member __________________________________ _______________________________ (Signature) Heidi Eisenhour, Member _______________________________________ Title _______________________________________ Date Approved as to form only: ___________________________________ Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 19 REQUIRED SIGNATURE PAGE FOR PROPOSAL I, the undersigned, having carefully examined the Request for Proposals, propose to furnish services in accordance therewith as set forth in the attached proposal. I further agree that this proposal will remain in effect for not less than sixty (60) calendar days from the date that proposals are due, and that this proposal may not be withdrawn or modified during that time. STATE OF COUNTY OF Being first duly sworn, on my oath, I hereby certify that this proposal is genuine and not a sham or collusive proposal, or made in the interests or on behalf of any person not therein named; and I have not directly or indirectly induced or solicited any contractor or supplier on the above work to put in a sham proposal or any person or corporation to refrain from submitting a proposal; and that I have not in any manner sought by collusion to secure to myself an advantage over any other contractor(s) or person(s). In order to induce the County to consider this proposal, the proposer irrevocably waives any existing rights which it may have, by contract or otherwise, to require another person or corporation to refrain from submitting a proposal to or performing work or providing supplies to Jefferson County, and proposer further promises that it will not in the future directly or indirectly induce or solicit any person or corporation to refrain from submitting a bid or proposal to or from performing work or providing supplies to Jefferson County. Signature Printed Name Firm Address UBI # (Area Code) Phone Email Address THIS PAGE MUST BE SIGNED (legally binding) AND BE RETURNED WITH THE PROPOSAL. 20 CONTRACT COMPLIANCE FOR PROFESSIONAL, TECHNICAL, SUPPLY OR SERVICES It is the policy of Jefferson County to foster an environment that encourages economic growth and diversification, business development and retention, increases competition and reduces unemployment. In support of that policy, Jefferson County reaffirms its commitment to maximize opportunities in public contracting for all contractors including minority and women owned business enterprises. Jefferson County encourages participation in all of its contracts by Disadvantaged, Minority and Women’s Business Enterprises (MWBE) as certified by the Office of Minority and Women’s Business Enterprises (OMWBE) and defined in WAC 326-02-030. Nevertheless, unless required by federal law, no preference will be given for meeting voluntary goals for MWBE participation in the evaluation of proposals; and proposals will not b e rejected or considered non-responsive due to a failure to meet voluntary goals. Bidders may contact OMWBE to obtain information on certified MBE/WBE firms. Persons with disabilities may request this information be prepared and supplied in alternate forma ts by calling (360) 379-4463. Bidders are encouraged to utilize qualified, local businesses in Jefferson County and Washington State where cost effectiveness is deemed competitive. In addition, Bidders are encouraged to subcontract with firms certified by the Washington State Office of Minority and Women’s Business Enterprises (MWBE). A. MWBE DIRECTORY ASSISTANCE A directory of MWBE firms is published quarterly by the Washington State Office of Minority and Women’s Business Enterprises (OMWBE). Copies of the directory are available from the State OMWBE (360-753- 9693) B. EQUAL EMPLOYMENT OPPORTUNITY: Upon execution of this contract, the Contractor shall comply with the Equal Employment Opportunity requirements set forth below. The Contractor shall not violate any of the terms of Chapter 49.60 of the Revised Code of Washington, Title VII of the Civil Rights Act of 1964, or any other applicable federal, state, or local law or regulation regarding nondiscrimination. 1. No person or firm employed by the Contractor shall be subject to retaliation for opposing any practice made unlawful by Title VII of the Civil Rights Act, the Age Discrimination in Employment Act (29 U.S.C. 621 et seq.), the Equal Pay Act (29 U.S.C. 206(d), the Rehabilitation Act (29 U.S.C. 791 et seq.), the Americans with Disabilities Act of 1990, or for participating in any stage of administrative or judicial proceedings under those statutes. 2. The Contractor shall take all reasonable steps to ensure that qualified applicants and employees shall have an equal opportunity to compete for advertised or in-house positions for employment. Applicants and employees shall be treated fairly without regard to race, color, religion, sex, age, disability, or national origin. Equitable treatment shall include, but not be limited to employment, upgrading or promotion, rates of pay increases or other forms of compensation, and selection for training or enrollment in apprenticeship programs. C. SUBMITTAL REQUIREMENTS PRIOR TO AWARD OR WITH PROPOSAL 1. Subcontractors Participation Form: Check the appropriate box indicating the firm who will perform the work of the contract. 2. Professional and Technical Workforce Data Form 3. E-Verify Declaration. Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 21 NON-COLLUSION & DEBARMENT AFFIDAVIT State of Washington, County of As an authorized representative of the firm of , I do hereby certify that said person(s), firm, association or corporation has (have) not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with the project for which this proposal is submitted. I further certify that, except as noted below, the firm, association or corporation or any person in a controlling capacity associated therewith or any position involving the administration of federal funds; is not currently under suspension, debarment, voluntary exclusion, or determination of eligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted or had a civil judgment rendered against said person, firm, association or corporation by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. I further acknowledge that by signing the signature page of the proposal, I am deemed to have signed and have agreed to the provisions of this affidavit. Note: Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted, indicate above to whom it applies, initiating agency, and dates of action. Providing false information may result in criminal prosecution or administrative sanctions. "A suspending or debarring official may grant an exception permitting a debarred, suspended, or excluded person to participate in a particular transaction upon a written determination by such official stating the reason(s) for deviating from the Presidential policy established by Executive Order 12549..." (49CFR Part 29 Section 29.215) BY: DATE: TITLE: 22 SUBCONTRACTORS PARTICIPATION FORM FOR PROFESSIONAL, TECHNICAL, SUPPLY OR SERVICE PSAS-SUBMIT WITH PROPOSAL OR PRIOR TO AWARD Check appropriate statement below:  Our firm will perform all contracted scope of work tasks.  Our firm will subcontract a portion of the work tasks. The following firms were contacted and will be utilized in the performance of the work as indicated below. List all potential subcontracting firms. Do not mark “N/A” unless the Bidder will perform all work or provide all supplies or services for this contract. Firm Name/Address/Phone Work Item(s) Solicited Proposal Amount Awarded? (yes/no) 1. List full name, address, and phone number of each firm listed to be utilized. 2. List specific work to be accomplished, supplies to be furnished and the amount proposed for each subcontract. 3. Contact the Jefferson County Chief Strategy Officer at bbutler@co.jefferson.wa.us if you have questions. BY: DATE: TITLE: PHONE: Request for Proposal – 2025 COORDINATED WATER SYSTEM PLAN Update JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 23 E-VERIFY DECLARATION--SUBMIT WITH PROPOSAL OR PRIOR TO AWARD Firm Name: Qualifications No. The undersigned declares, under penalty of perjury under the laws of Washington that: 1. That the above-named firm is currently enrolled in and using the E-Verify and will continue to use the E- Verify system for so long as work is being performed on the above-named project. 2. I certify that I am duly authorized to sign this declaration on behalf of the above-named bidder/proposer. 3. I acknowledge that Jefferson County reserves the right to require a copy of the Memorandum of Understanding between the contractor listed above and the Department of Homeland Security certifying enrollment in the E- Verify program at any time. Failure to provide the required Memorandum of Understanding within 10 days of request could lead to suspension of this contract. Dated at Washington this day of , 20 Signature Printed Name