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HomeMy WebLinkAboutCONSENT Coordinated Water System Plan JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA TO: Board of County Commissioners Mark McCauley, County Administrator FROM: Brent A. Butler, AICP, Chief Strategy Officer DATE: March 17, 2025 SUBJECT: Coordinated Water System Plan Professional Services Agreement Approval STATEMENT OF ISSUE: The Chief Strategy Officer(CSO) requests the Board of County Commissioners (Board or BoCC) approve the professional services agreement (PSA) for the purpose of updating the Coordinated Water System Plan(CWSP)(See. Attachment 1 —PSA). As of this submittal, the county initiated the update process through the steps set forth below. • By Resolution No. 08-24,the Board repealed any documents or resolutions appointing the Water Utility Coordinating Committee(WUCC) members in order to establish a new WUCC. (WUCC is governed by Washington Administrative Code (WAC) 246-293-150 and must consist of no fewer than four members),; • In accordance with Jefferson County Code (JCC)Chapter 3.55 governing bidding and purchasing procedures, the CSO prepared and published a Request for Proposals (RFP); • The RFP was published on the county website on August 27, 2024 and in the Jefferson County Leader on August 29, 2024, September 3, 2024,and September 9, 2024, and the Seattle Journal of Commerce on August 29, 2024, September 3, 2024, and September 9, 2024; • At a regular meeting on September 23, 2024,the Board discussed the CWSP, and appointed Commissioner Eisenhour as the alternate in the event Commissioner Brotherton is unavailable; • Without any proposals received by the September 26, 2024 deadline, the CSO updated and republished the RFP on October 3, 2024 (See Attachment 2—October 3, 2024 Request for Proposals); • The CSO distributed the RFP to more than 400 consultants on the Municipal Research and Services Center of Washington (MRSC) roster (see Attachment 3 —RFP EMAIL DISTRIBUTION LIST); • The CSO convened the reconstituted WUCC's first public meeting on December 3, 2024 to establish rules of procedure,voting protocols, and officers,as required by statute. (Commissioner Brotherton was appointed Chair and PUD General Manager Kevin Streets Vice Chair) • To reduce the CWSP cost burden,the CSO is applying for funding from a planning and engineering loan often convertible to a grant and the source water protection program. 1 BACKGROUND: The CWSP is designed to optimize the delivery of a safe and reliable water supply by coordinating the planning, development, operation, and management of public water systems within a designated area, ensuring efficient use of water resources through collaboration among water systems that serve at least 15 service connections or 25 or more people for at least 60 days a year. To provide guidance to smaller water systems, the Board also directed that the reconstituted WUCC include one member representing a Group B water utility. Group B systems are designated as those that serve 3 to 14 service connections and either serves less than 25 people per day or 25 or more people per day during a period less than 60 days per year. Last updated in 1997, the Jefferson County Coordinated Water System Plan (-CWSP") requires revisions to incorporate new water law and implement best practices. Generally, the required procedures are contained in the Washington Administrative Code(WAC), Chapter 248-56 WATER SYSTEM COORDINATION ACT—PROCEDURAL REGULATIONS. Companion provisions address the community's need for fire-protection in Chapter 248-57 WATER SYSTEM COORDINATION ACT— FIRE FLOW REGULATIONS. While the CWSP should consider the water infrastructure needs over a 50-year planning horizon, it must meet a minimum 20-year planning horizon. ANALYSIS: HDR submitted the attached response to the county's RFP (See, Attachment 4 - Proposal). Despite directly e-mailing more than 450 different consultants as set for in Attachment 3, HDR was the only responding firm. After staff review and discussion of the proposal, HDR reorganized the bid to reflect the full cost of optional elements related to the preparation of a climate element and providing guidance and support to group B water systems. Group B systems are not a required part of CWSPs. These optional components could therefore qualify for grants, as the Department of Health stated that required CWSP content is generally not grant eligible. FISCAL IMPACT/COST-BENEFIT ANALYSIS: Based on the attached professional services agreement, the overall cost of this project will be $207,000. After careful consideration, $125,000 of the fee will originate from the county's climate planning grant and the remainder from the largest WUCC members, specifically the Jefferson PUD and the City of Port Townsend, which represent respectively 30%and 40%of Group A water system connections in Jefferson County. This allocation may change if submitted grants are successful. RECOMMENDATION: Approve the attached contract with HDR Consultants, and commit to approving budget authority during the 15t Quarter Budget Supplemental. REVIEWED BY: —7//V/-5 Mark McCauley(f ounty Administrator t Date 2 CONTRACT REVIEW FORM Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: HDR Engineering, Inc Contract No: DCD-HDR-PSA 2025 Contract For: Coordinated Water System Plan Update Deem: 2 yrs COUNTY DEPARTMENT: Dco Contact Person: Brent A.Butler Contact Phone: 360.379.4493 Contact email: bbutler@co.jefferson.wa.us AMOUNT: $207,000 PROCESS: — Exempt from Bid Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s)of Matching Funds Vendor List Bid Fund# RFP or RFQ Munis Org/Obj Other: APPROVAL STEPS: STEP I: DEPARTMENT CERTIFIES CO T/H+ t .55 180 AND CHAPTER 42.23 RCW. CERTIFIED: a N/A: ARA_ ` .�� l S _na re Date STEP 2: DEPARTMENT CERTIFIES HE RS 'R I 'OS R CONTRACTING WITH THE COUNTY (CONTRACTOR) HAS NOT EE D RE B Y FEDERAL, STATE, OR LOCAL AGENCY. • • CERTIFIED: ❑� N/A: ! 43 CJ nature Date STEP 3: RISK MANAGEMENT REVIEW(will he added electronically through Laserfiche): Electronically approved by Risk Management on 3/14/2025. STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche): Electronically approved as to form by PAO on 3/13/2025. Revisions pre-reviewed by PAO. STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY(IF REQUIRED). STEP 6: CONTRACTOR SIGNS STEP 7: SUBMIT TO BOCC FOR APPROVAL 1 PROFESSIONAL SERVICES AGREEMENT THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and HDR Engineering, Inc. a Nebraska corporation ("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: Jefferson County Coordinated Water System Plan Update 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 January 31, 2025 and continue through December 31. 2026. 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 $207,000 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 within 30 days of receipt by the County. 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 completion of the work and submittal of reports under this Agreement and its acceptance by the County, which such acceptance shall not be unreasonably withheld, conditioned or delayed. 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 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,4 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, to the extent 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 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 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 coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverages: 5 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 shall be continually maintained 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 Certificate of Insurance. 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 that 6 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. I.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. 7 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, 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, provided that any changed to these requirements will require approval of Contractor. 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.Contractor shall require its subcontractors to 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. 8 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. 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, provided that County will not terminate for cause without providing Contractor written notice of the breach and a period of ten (10) days to cure. 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. 9 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 Risk Manager P.O. Box 1220 Port Townsend, WA 98368 Notices to the Contractor shall be sent to the following address: HDR Engineering, Inc. 555 110th Ave NE, Suite 1200 Bellevue, WA 98004 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 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. 10 JEFFERSON COUNTY BOARD OF COMMISSIONERS Heidi Eisenhour, Chair Date Greg Brotherton, Commissioner Date Heather Dudley-Nollette, Commissioner Date ATTEST: Carolyn Gallaway, CMC Clerk of the Board Approved as to form only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Date HOR ENGINEERING, INC. Name of the Contractor Contractor Representative (Please print) (Signature) Title Date 13