city of port orchard · 1/14/2020 · city of port orchard council meeting agenda . january 14,...

City of Port Orchard Council Meeting Agenda January 14, 2020

6:30 p.m.

1. CALL TO ORDER A. Pledge of Allegiance

2. APPROVAL OF AGENDA 3. CITIZENS COMMENTS (Please limit your comments to 3 minutes for items listed on the Agenda and that are not for a Public Hearing. When recognized by the Mayor, please state your name for the official record) 4. CONSENT AGENDA (Approval of Consent Agenda passes all routine items listed below, which have been distributed to each Councilmember for reading and study. Consent Agenda items are not considered separately unless a Councilmember so requests. In the event of such a request, the item is returned to Business Items.)

A. Approval of Vouchers and Electronic Payments B. Approval of Payroll and Direct Deposits C. Approval of Amendment No. 3 to Contract No. 023-17 with the

Washington State Military Department for the Port Orchard Storage Building (Brown) Page 3

D. Approval of an Amendment to Contract No. 038-18 with Kitsap County in CPSGMHB Case No. 16-3-0012, Adjusting Timelines for the Transportation Implementation Strategy (Bond) Page 7

E. Approval of the December 10, 2019, Council Meeting Minutes 7 5. PRESENTATION

A. Kitsap County 2020 Complete Count Census Outreach (Daugs) 6. PUBLIC HEARING 7. BUSINESS ITEMS

A. Appointment of a Mayor Pro-Tempore for 2020 (Rinearson) Page 23 B. Adoption of a Resolution Approving a Contract with GGLO, LLC for the

Downtown/County Campus Sub Area Plan and Planned Action EIS (Bond) Page 25

C. Adoption of a Resolution Approving a Contract with Coastal Custodial for Janitorial Services (Dorsey) Page 65

D. Adoption of a Resolution Approving a Contract with GeoEngineers, Inc. for the 2019-2020 Bay Street Pedestrian Pathway NEPA Update (Dorsey) Page 87

E. Adoption of a Resolution Approving a Contract with ARKEN, Inc. for the 2020 Library Roof Repairs (Dorsey) Page 131

Mayor: Rob Putaansuu Administrative Official

Councilmembers: Bek Ashby (Mayor Pro-Tempore) Chair: ED/Tourism/LT Committee Staff: Development Director Finance Committee KRCC / PSRC TransPol / KRCC TransPol KRCC PlanPol-alt / PRTPO

Shawn Cucciardi Finance Committee Land Use Committee PSRC EDD-alt

Fred Chang Utilities Committee Sewer Advisory Committee (SAC) Staff: Development Director

Jay Rosapepe ED/Tourism/LT Committee Utilities Committee Sewer Advisory Committee (SAC) KRCC-alt / KRCC TransPol-alt Kitsap Transit-alt

John Clauson Chair: Finance Committee Staff: Finance Director Kitsap Public Health District-alt KEDA/KADA-alt

Cindy Lucarelli Chair: Utilities and SAC Committee Staff: Public Works Director Chair: Chimes and Lights Committee Staff: City Clerk KEDA/KADA

Scott Diener Chair: Land Use Committee Staff: Development Director ED/Tourism/LT Committee

Department Directors: Nicholas Bond, AICP Development Director

Mark Dorsey, P.E. Director of Public Works/City Engineer

Tim Drury Municipal Court Judge

Noah Crocker, M.B.A. Finance Director

Matt Brown Police Chief

Brandy Rinearson, MMC, CPRO City Clerk

Contact us: 216 Prospect Street Port Orchard, WA 98366 (360) 876-4407

Please turn off cell phones during meeting and hold your questions for staff until the meeting has been adjourned.

The Council may consider other ordinances and matters not listed on the Agenda, unless specific notification period is required. Meeting materials are available on the City’s website at: www.cityofportorchard.us or by contacting the City Clerk’s office at (360) 876-4407.

The City of Port Orchard does not discriminate on the basis of disability. Contact the City Clerk’s office should you need special accommodations. January 14, 2020, Meeting Agenda of 2

F. Adoption of a Resolution Approving a Contract with BHC Consultants, LLC for the 2020 On-Call Engineering Services for the Water Systems and Documenting Procurement Procedures (Dorsey) Page 153

G. Adoption of a Resolution Approving a Contract with BHC Consultants, LLC for the 2020 On-Call Engineering Services for the Sanitary Sewer System and Documenting Procurement Procedures (Dorsey) Page 177

H. Approval of the December 16, 2019, Holiday Tour Meeting Minutes Page 201 I. Approval of the December 17, 2019, Council Meeting Minutes Page 203

8. DISCUSSION ITEMS (No Action to be Taken)

9. REPORTS OF COUNCIL COMMITTEES 10. REPORT OF MAYOR 11. REPORT OF DEPARTMENT HEADS 12. CITIZEN COMMENTS

(Please limit your comments to 3 minutes for any items not up for Public Hearing. When recognized by the Mayor, please state your name for the official record)

13. EXECUTIVE SESSION: Pursuant to RCW 42.30.110, the City Council may hold an executive session. The topic(s) and the

session duration will be announced prior to the executive session. 14. ADJOURNMENT

COMMITTEE MEETINGS Date & Time Location

Finance TBD, 2020; 5:30pm City Hall

Economic Development and Tourism TBD; 9:30am City Hall

Utilities January 27, 2020; 9:30am City Hall

Sewer Advisory February 19, 2020; 6:30pm City Hall

Land Use TBD, 2020 DCD*

Lodging Tax Advisory October, 2020 City Hall

Festival of Chimes & Lights January 13, 2020; 3:30pm City Hall

Outside Agency Committees Varies Varies

Council Retreat January 17, 2020; 9:00am Puerta Vallarta**

*DCD, Department of Community Development, 720 Prospect Street, Port Orchard **1599 SE Lund Ave, Port Orchard, WA CITY COUNCIL GOOD OF THE ORDER

http://www.cityofportorchard.us/

City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029

Agenda Staff Report

Agenda Item No.: Consent Agenda 4C Meeting Date: January 14, 2020

Subject: Approval of Amendment No. 3 to Contract Prepared by: Matt Brown No. 023-17 with the Washington State Chief of Police Military Department for the Port Orchard Atty Routing No.: N/A Storage Building Atty Review Date: N/A

Summary: This is a lease extension for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department through March 2020. Recommendation: Recommend the council to approve this lease amendment. Relationship to Comprehensive Plan: N/A Motion for consideration: I move to approve the Mayor signing the lease extension with the Washington State Military Department for the continued use of the Port Orchard Storage Building to provide storage and training space to the police department. Fiscal Impact: There is no fiscal impact. Alternatives: Not approve the lease extension and lose the ability to store a significant amount of equipment and department vehicles through March 2020. Attachments: Amendment No. 3.

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Port Orchard Police Dept Page 1 of 2 LX17-007-3

State of Washington Military Department

Bldg. 36, Camp Murray

Tacoma, WA 98430-5013

Attn: Real Property Office

Document Title: Lease Amendment No. 3

Lessor: Washington State Military Department

Lessee: City of Port Orchard (Police Dept.)

This LEASE Amendment No. 3 modifies Lease Number LX17-007 dated May 6, 2010, recorded

under Pierce County and is entered into among the State of Washington Military Department whose

address is Real Property Office, Camp Murray, Building 36, Tacoma, Washington 98430-5013, for

its administrators, successors, and assigns, hereinafter called the Lessor, and City of Port Orchard

(Police Dept.) hereinafter called the Lessee.

Common Description of Premises: Port Orchard Storage Building (Butler Building).

Assessor's Tax Parcel ID Number: A portion of 362401-1-014-200

Common Street Address: 1950 Mile Hill Drive, Port Orchard, Washington 98221, ARMORY

Legal Description: A portion of said parcel located at 1950 Mile Hill Drive, Port Orchard,

Washington 98221, legally described as: beginning in the north quarter corner of Section 36, Township

24 North Range 1 East, Willamette Meridian, thence South 0*12’40” west 87.22 feet to the true point of

beginning; thence South 0*11’54”West 601.71 feet more or less to the north line of Lincoln Avenue;

thence North 88*52’55” West 647.65feet more or less to the point of beginning, containing 8.825 acres

more or less; subject to all easements and dedications of record.

The purpose of this Lease Amendment is as follows:

1.Extends the Lease for an additional year from April 1, 2020 to March 31, 2021.

2.Amends paragraph 6A of Lease LX17-007 to read:

The Lessee shall pay rent to the Lessor for the Premises at the following rate and the rent

will be adjusted on an annual basis effective as of the annual anniversary date using a 3% increase

annually.

April 1, 2020 thru March 31, 2021 $885.11 Monthly

All other terms, conditions, covenants, and amendments to this Lease, unless specifically altered,

modified, or changed herein, remain in full force and effect.

The effective date of this amendment is April 1, 2020 thru March 31, 2021.

MIL # LX17-007-3

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Port Orchard Police Dept Page 2 of 2 LX17-007-3

IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names.

City of Port Orchard STATE OF WASHINGTON

Police Dept. MILITARY DEPARTMENT

By: By:

(signature) (signature)

Print Name: Print Name:

Title: Title:

Date: Date:

APPROVED AS TO FORM

By:

(signature)

Print Name:

Title: Judge Advocate_______

Date:

BOILERPLATE APPROVED AS TO FOR

Brian Faller (signature on file 6/16/2016)

Assistant Attorney General

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Agenda Staff Report

Agenda Item No.: Consent Agenda 4D Meeting Date: January 14, 2020

Subject: Approval of an Amendment to Contract Prepared by: Nick Bond, AICP No. 038-18 with Kitsap County in DCD Director CPSGMHB Case No. 16-3-0012, Adjusting Atty Routing No.: 005-20 Timelines for the Transportation Atty Review Date: January 8, 2020 Implementation Strategy

Summary: On February 13, 2018, the City and Kitsap County executed a Settlement Agreement regarding the Central Puget Sound Growth Management Hearings Board Case No. 16-3-0012. This case was filed by the City concerning the capital facilities and transportation elements of the Kitsap County Comprehensive Plan. The County and the City agreed that the County would prepare a Transportation Implementation Strategy (TIS) to address the City’s concerns. The TIS will lead to the future identification of strategies and projects to be included in the County’s Capital Facilities Plan (CFP) and then considered for inclusion on the County’s Transportation Improvement Program (TIP), within the County’s South Kitsap Service Area. The City and Kitsap County agree that the original Settlement Agreement provided initial time estimates and details regarding the scope and timing of the County’s TIS, which now require modification. It is estimated that a final TIS report can be completed by the end of 2020. Recommendation: Staff recommends that the City Council authorize the Mayor to sign an Amendment to the Settlement Agreement executed between the City and Kitsap County in the Central Puget Sound Growth Management Hearings Board Case No. 16-3-0012. Relationship to Comprehensive Plan: This agreement concerns an appeal that the City filed concerning the County’s Comprehensive Plan. The City was seeking to ensure that the County is adequately planning for growth in the unincorporated urban growth area surrounding Port Orchard and that the county’s plans are consistent with the City’s plans. Motion for Consideration: “I move that the City Council authorize the Mayor to sign an Amendment to the Settlement Agreement executed between the City and Kitsap County in the Central Puget Sound Growth Management Hearings Board Case No. 16-3-0012.” Fiscal Impact: N/A Attachments: Amendment to Settlement Agreement and Settlement Agreement

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SETTLEMENT AGREEMENT AMENDMENT This is an Amendment to the Settlement Agreement executed between the City of Port Orchard (City) and Kitsap County (County) that settled all disputes between them in the Central Puget Sound Growth Management Hearings Board matter of City of Port Orchard v. Kitsap County, CPSGMHB Case No. 16-3-0012.

1. The purpose of this Amendment is solely to adjust the estimated timelines for completing tasks associated with Transportation Implementation Strategy (TIS) for the South County Service Area set forth in Section II(2)(c).

2. The parties agree that Section II(2)(c) of the Settlement Agreement provided initial time estimates and details regarding the scope and timing of the TIS, which is solely a technical analysis that will lead to the future identification of strategies and projects to be included in the County’s Capital Facilities Plan based on identified needs and then considered for inclusion on the County’s Transportation Improvement Program on an evaluation basis consistent with the County’s current practice.

3. The parties further agree that a variety of factors have delayed the original time

estimates for completion of tasks and that the County has continued to diligently work on the tasks. Four Working Group meetings have already occurred in 2018 and 2019 and the Working Group estimates that a final TIS report can be completed by the end of 2020.

4. The parties now wish to amend the Settlement Agreement to update the estimated

timelines for completing the Transportation Implementation Strategy as follows. Section II(2)(c) shall be amended to read (as shown in bolded text):

TIS Scope. The Parties agree that initial time estimates and details regarding the

scope and timing of the TIS are as follows:

• Jan-May 2018. Travel Model maintenance & data gathering. The purpose of this task is to update the County model inputs and assumptions based on recent data and collaboration with regional models.

• April 2018 through the first quarter of 2020. Baseline and Future Assessment (peer reviewed). The purpose of this task is to validate, refine, and/or rework the existing transportation analysis and document the existing and future (2036) multi-model transportation system within South Kitsap. The process will include, but is not limited to: identify circulation and travel patterns, deficiencies, gaps, and how the transportation system within South Kitsap functions (or doesn’t function) under existing and future conditions. All planning will be based on County 2016 Comprehensive Plan and City of Port Orchard Comprehensive Plan land use assumptions.

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• Third quarter of 2020. Alternatives Analysis. The purpose of this task is to validate prior design/engineering concepts and analyze alternative strategies and projects to address the identified needs relative to:

− Circulation − Capacity − Traffic management − Nonmotorized connectivity − Access management − Safety

This task will identify and explore multi-modal and systems management approaches to circulation and movement within South Kitsap. This work will support identification of strategies and projects for detailed development and analysis.

• Third quarter of 2020. Preferred Alternatives Analysis (peer reviewed). This task will conduct detailed operations and circulation analysis, conceptual engineering and cost estimates on the selected preferred and prioritized alternative. The Preferred Alternative will identify a preferred strategy/projects for the identified needs and a prioritized implementation strategy for South Kitsap.

• Last quarter of 2020. Draft report.

• End of 2020. Final report

• 2021. Follow-up policy analysis. The County will review existing Level of Service (LOS), concurrency, and impact fee policies. If it is determined that changes to existing policies are warranted based on South Kitsap TIS’s findings on system performance and financial need, specific policy development work programs will be developed to address the specific issues.

5. Except as expressly provided in this Contract Amendment, all other terms and

conditions of the original Contract remain in full force and effect. /// // /

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IN WITNESS WHEREOF, the Parties enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing.

Dated this _____ day of _____, 2020 Dated this _____ day of ________, 2020

CITY OF PORT ORCHARD

BOARD OF COUNTY COMMISSIONERS KITSAP COUNTY, WASHINGTON

ROBERT PUTAANSUU, Mayor CHARLOTTE GARRIDO, Chair

ROBERT GELDER, Commissioner

ATTEST

EDWARD E. WOLFE, Commissioner ATTEST

Brandy Rinearson, MMC, City Clerk Dana Daniels, Clerk of the Board

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SETTLEMENT AGREEMENT

This Settlement Agreement is between the City of Port Orchard (City), and Kitsap County (County), both of which are Washington municipal corporations. The Parties hereby agree to settle all disputes between them relating to the Central Puget Sound Growth Management Hearings Board matter City of Port Orchard v. Kitsap County, CPSGMHB Case No. 16-3-0012, in consideration for the following terms and conditions.

I. RECITALS

WHEREAS, the County enacted Ordinance 534-2016 adopting the 2016 Comprehensive Plan for Kitsap County as well as amending related maps and development regulations.

A.

WHEREAS, the City of Port Orchard challenged the County’s adoption of Ordinance 534-2016 and the County’s Capital Facilities Element contained therein, particularly as to the County’s concurrency methodology and implementation, as violating the Growth Management Act, ch. 36.70A RCW, and the State Environmental Policy Act, ch. 43.21C RCW, among other issues.

B.

WHEREAS, the County disputes the claims of the City, and the City disputes the County’s position, but the parties nevertheless wish to resolve the dispute by means of this Settlement Agreement without admitting any fact, responsibility, liability, or fault and without waiving any rights, privileges, claims, or defenses.

C.

II. TERMS AND CONDITIONS

In consideration of the mutual covenants and promises contained herein, the parties mutually agree as follows:

The County will establish a “South County Service Area” as follows:1.

The County will take the necessary legislative steps to establish a South County Service Area (SCSA) that consists of existing Road Service Areas 3 and 4 (see Attachment A for map of existing road service areas).

a.

b. The process to establish the SCSA will take place in the first half of 2018. The County understands the urgency of this action and will use its best efforts to finalize the SCSA prior to the next litigation status report due to the GMHB on February 20, 2018; however, the failure to meet this deadline will not negate or invalidate other settlement terms.

Once the SCSA is established, the County will use its existing concurrency policy within the SCSA based on lane miles within the SCSA.

c.

The County will engage in transportation planning for the SCSA as follows:2.

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The County will conduct a Transportation Implementation Strategy (TIS) for the SCSA (along with other select areas for coordination of analysis) in-house with technical peer review group input at select intervals to ensure accuracy and sound principals of study methodologies. The TIS is a technical analysis that will lead to identification of strategies and projects to be included in the County’s Capital Facilities Plan based on identified needs. Projects identified by the TIS will be considered within the County’s Transportation Improvement Program (TIP) process.

a.

Technical Peer Review Group. The County will follow applicable procurement rules to develop a list of potential transportation firms to participate in the peer review group and County staff, along with a City representative, will sit on the selection committee to evaluate potential firms. Once hired, the firm and a representative from WSDOT (to be invited) will form the peer review group to evaluate the TIS under the scope of review and at intervals identified below.

b.

TIS Scope. The Parties agree that initial time estimates and details regarding the scope and timing of the TIS are as follows:

c.

• Jan-Mar 2018. Travel Model maintenance & data gathering. The purpose of this task is to update the County model inputs and assumptions based on recent data and collaboration with regional models.

• Apr-Aug 2018. Baseline and Future Assessment (peer reviewed). The purpose of this task is to validate, refine, and/or rework the existing transportation analysis and document the existing and future (2036) multi-model transportation system within South Kitsap. The process will include, but is not limited to: identify circulation and travel patterns, deficiencies, gaps, and how the transportation system within South Kitsap functions (or doesn’t function) under existing and future conditions. All planning will be based on County 2016 Comprehensive Plan and City of Port Orchard Comprehensive Plan land use assumptions.

• Sep-Feb 2018-19. Alternatives Analysis. The purpose of this task is to validate prior design/engineering concepts and analyze alternative strategies and projects to address the identified needs relative to:

- Circulation- Capacity- Traffic management- Nonmotorized connectivity- Access management- Safety

This task will identify and explore multi-modal and systems management approaches to circulation and movement within South Kitsap. This work will support identification of strategies and projects for detailed development and analysis.

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• Mar-May 2019. Preferred Alternatives Analysis (peer reviewed). This task will conduct detailed operations and circulation analysis, conceptual engineering and cost estimates on the selected preferred and prioritized alternative. The Preferred Alternative will identify a preferred strategy/projects for the identified needs and a prioritized implementation strategy for South Kitsap.

• June 2019. Draft report.

• Aug 2019. Final report

• Sept 2019. Follow-up policy analysis. The County will review existing Level of Service (LOS), concurrency, and impact fee policies. If it is determined that changes to existing policies are warranted based on South Kitsap TIS’s findings on system performance and financial need, specific policy development work programs will be developed to address the specific issues.

Update County Comprehensive Plan. Following the conclusion of the TIS, the County will use the results to update the County’s Comprehensive Plan according to the timeframes established/allowed by statute. This includes updating the Capital Facilities Element to identify potential projects that are anticipated to be needed over the next 20-year planning horizon. These projects will then compete using the County’s existing ranking system to be placed on the County’s rolling six-year TIP.

d.

Once the SCSA is established, the City agrees to dismiss its appeal before the Growth Management Hearings Board. The Parties agree to continue working together in good faith to finalize the TIS Work Plan after dismissal.

3.

4. This Settlement Agreement shall be binding upon and inure to the benefit of all the parties hereto and their respective heirs, personal representatives, successors and assigns.

This Settlement Agreement represents the entire agreement between the parties with respect to the subject matter hereof. All prior negotiations, agreements, representations, warranties or other matters of like or other nature shall be of no further force or effect and are superseded by this Settlement Agreement.

5.

This Settlement Agreement is designed strictly for the purposes of compromising disputed claims and avoiding the expenses and risks of litigation. It is not and shall not be construed or characterized as an admission of liability or wrongdoing on the part of any party.

6.

7. This Settlement Agreement shall be construed and interpreted pursuant to Washington law and any controversy or interpretation hereof shall be by state courts of Washington. Venue for any action arising out of this Settlement Agreement shall be in the Superior Court of the State of Washington for Kitsap County.

This Settlement Agreement may be signed in counterparts and shall be effective as of the8.

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last date of execution.

IN WITNESS WHEREOF, the Parties enter into this Agreement. Each person signing this Agreement represents and warrants that he or she has been duly authorized to enter into this Agreement by the Party on whose behalf it is indicated that the person is signing.

jlSay Dated thisDated this

BOARD OF COUNTY COMMISSIONERSOUNTY, WASHINGTON

CITY OF PORT ORCHARDKf

ROBERT PUTAANSUU, Mayor ROB GELDBR, Chair

5fSEAL j |•.u>

EDWARD E. WOLFE, Commissioner

CHARLOTTE GARRIDO, Commissioner

ATTESTATTEST

'noofu Dana Daniels, Clerk of the BoardSignature

\h fancO') & aecvrscO

“ OS': •Zo:' :%]

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Attachment A

Existing Kitsap County Road Service Areas

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City of Port Orchard Council Meeting Minutes Regular Meeting of December 10, 2019

1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Present

Councilmember Chang Present Councilmember Clauson Present

Councilmember Cucciardi Present Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present

Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, Police Chief Brown, City Clerk Rinearson, and Deputy City Clerk Floyd. A. PLEDGE OF ALLEGIANCE

Boy Scout Troop 1536 led the audience and Council in the Pledge of Allegiance. MOTION: By Councilmember Ashby, seconded by Councilmember Rosapepe, to add under Discussion Items, 8D, a discussion on the downtown subarea plan. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Cucciardi, to add the excusal of Councilman Fred Chang to the consent agenda. The motion carried. MOTION: By Councilmember Cucciardi, seconded by Councilmember Ashby, to remove the discussion item 8A regarding the extension to the Purchase and Sale Agreement for 640 Bay Street. Councilmember Cucciardi said he received notification tonight and need more time to digest. The motion carried. Councilmember Chang arrived to the meeting at 6:32 p.m.

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Minutes of December 10, 2019 Page 2 of 6

2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the agenda as amended. The motion carried. At 6:34 p.m., Mayor Putaansuu recessed the meeting for a 10-minute executive session to discuss a potential litigation matter pursuant to RCW 42.30.110(1)(i). City Attorney Cates and Public Works Director Dorsey were invited to attend. At 6:44 p.m., Mayor Putaansuu reconvened the meeting back into session. MOTION: By Councilmember Cucciardi, seconded by Councilmember Diener, to add a business item, the adoption of Resolution No. 030-19, approving Contract No. C067-19 with Stellar J Corporation for the McCormick Sewerage Lift Station No. 2 Project and document procurement. The motion carried. MOTION: By Councilmember Clauson, seconded by Councilmember Rosapepe, to approve the agenda, once again, as amended. The motion carried. 3. CITIZENS COMMENTS There were no citizen comments. 4. CONSENT AGENDA A. Approval of Voucher Nos. 78286 through 78385 including bank drafts in the amount of

$709,522.12 and Electronic Payments/EFT’s in the amount of $476.22 totaling $709,998.34. B. Approval of Payroll Check Nos. 78276 through 78285 including bank drafts and EFT’s in the

amount of $258,760.66; and Direct Deposits in the amount of $169,484.35 totaling $428,245.01. C. Approval of the November 19, 2019, Council Work Study Session Minutes D. Approval of the November 26, 2019, Council Meeting Minutes E. Adoption of a Resolution, Authorizing the Mayor to Execute a Letter of Understanding to Extend

Contract No. 024-15, with Waste Management of Washington, Inc. for Solid Waste Services (Resolution No. 044-19)

F. Approval of Amendment No. 1 to Contract No. 012-19, with Kitsap County for the Provision of Juvenile Detention Facilities

G. Approval of Amendment No. 2 to Contract No. 002-18, with Kitsap County for Incarceration of City Prisoners

H. Approval of a Memorandum of Understanding with the South Kitsap School District for Additional Off-Duty Law Enforcement Officers for Designated School Events (Contract No. 86-19)

I. New Item: Excusal of Councilman Fred Chang (arrived late)

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MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the consent agenda as published. The motion carried. 5. PRESENTATION A. Kitsap County Courthouse Campus Ron Thomas, Thomas Architecture Studios, provided a presentation on the master planning of the entire County campus site and Phase 1 of the County Courthouse Campus. This is a multi-phase project. 6. PUBLIC HEARING

There were no public hearings. 7. BUSINESS ITEMS

A. Continuation of: Adoption of an Ordinance Approving the Petition to Vacate City Right-of-Way,

an Alley Between Cline Avenue and Dekalb Street

MOTION ON THE FLOOR: By Councilmember Diener, seconded by Councilmember Cucciardi, to adopt an ordinance vacating the City’s right-of-way, an alley between Cline Avenue and DeKalb Street, as presented. The motion failed unanimously. MOTION: By Councilmember Lucarelli, seconded by Councilmember Diener, to adopt an ordinance vacating the City’s right-of-way, an alley between Cline Avenue and DeKalb Street, as presented by the Petitioner. The motion passed. Councilmember Chang voted no. (Ordinance No. 048-19) B. Adoption of Resolution No. 030-19, Approving Contract No. C067-19 with Stellar J Corporation

for the McCormick Sewerage Lift Station No. 2 Project and Documenting Procurement

MOTION: By Councilmember Diener, seconded by Councilmember Rosapepe, to adopt Resolution No. 030-19, thereby approving Contract No. C067-19 with Stellar J Corporation in an amount not to exceed $3,141,205.60 (applicable taxes included) for the McCormick Sewerage Lift Station No. 2 Project. The motion carried. (Resolution No. 030-19)

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8. DISCUSSION ITEMS (No Action to be Taken) A. Extension to the Purchase and Sale Agreement for 640 Bay Street Mayor Putaansuu explained he received an amendment late today and it was not able to be included in the packet. If there are concerns, please let him know so this can be put in next week’s packet. B. Sunshine Fund Mayor Putaansuu noted during the annual audit, the auditors voiced concerns with this fund. This is a fund that Councilmembers and the Mayor contribute to purchase flowers, as get well gestures. The auditor’s have issues with the City managing these dollars. We have stopped this practice. We have $260 dollars left in the fund, and the Finance department would like to close this account and expend these funds by the end of the year. Mayor Putaansuu said he spoke to Finance Chair Councilmember Clauson, who recommended contributing the funds to the Festival of Chimes and Lights event. Our goal is to have a business item on next week’s agenda authorizing staff to close this account and expend the funds. Council had no objections. C. Citizen Art Display Request Mayor Putaansuu said a Chihuly art display was offered to the City of Bremerton, who was about to pass a resolution of acceptance, but as the art was created by South Kitsap High School students, the artist would like this to be displayed somewhere in Port Orchard. He said if this moves forward, we can bring forward a resolution at next week’s meeting accepting the art piece. Council had no objections. D. Downtown Subarea Plan Mayor Putaansuu said they have been interviewing companies for the Downtown Campus and Subarea Plan. Development Director Bond provided background history on the project, which included reminding the designated centers in Port Orchard, application process, Request for Proposals, selection of a firm, benefits of project, public feedback, transportation, federal grant money, and opportunity zones. Additional money is needed to complete the plan, and staff is asking if Council would like staff to move forward with seeking additional funding. In response to Councilmember Lucarelli, Mayor Putaansuu said we would need an additional $150,000 to $200,000.

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Mayor Putaansuu, Councilmembers and staff discussed the firms they interviewed, REET funding, building permit income, adding this discussion to next Finance Committee meeting, development, and public input. Council had no objections moving forward. 9. REPORTS OF COUNCIL COMMITTEES Mayor Putaansuu reported the Finance Committee is meeting next Tuesday [December 17, 2019] and the Economic Development and Tourism Committee will not meet until after the first of the year. Councilmember Lucarelli reported the Utilities Committee is scheduled to meet next Monday [December 16, 2019]. The Sewer Advisory Committee is scheduled to meet February 19, 2020. She reported on the Festival of Chimes and Lights event and reported the Chimes and Lights Committee is scheduled to meet January 13, 2020. Councilmember Ashby reported that KRCC [Kitsap Regional Coordinating Council] will have about 6 meetings next year instead of monthly meetings. Mayor Putaansuu reported on Kitsap 911 and proposed 1/10 measure to be on the ballot, holiday light tour and Council retreat. 10. REPORT OF MAYOR

The Mayor reported on the following:

• Citizen email regarding the City; • 2020 Council meeting dates; • Well 13 updates; • SeeClickFix on website; • Oath of Offices next week • Meetings with Senator Randall and Representative Young; • Gutter cleaning at City Hall; and • AWC Board meeting.

Councilmember Chang noted the severe weather shelter in the county was open for 5 days during Thanksgiving and the Port Orchard shelter served an average of 8 people per night. Mayor Putaansuu spoke about the Kingston Community Center and citizen question about an arts commission. Councilmember Diener encouraged Council to send in their questions regarding the Kitsap County Campus presentation.

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11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey reported on representing small cities in Olympia at the Public Works Board meeting in February. City Attorney Cates reported on the City’s settlement agreement with the County regarding the Comprehensive Plan Transportation Element. It was brought to our attention that the initial dates for getting some of the transportation study completed needed to be adjusted. They are now drafting an amendment. Police Chief Brown reported on the Festival of Chimes and Lights event and planning process. 12. CITIZEN COMMENTS Gerry Harmon spoke about a crack in the middle of Sidney and asked about the importance of executive sessions during the meeting. Mayor Putaansuu said sometimes they must take action on an item on the agenda that could be related to litigation. The Council also might need information from the City Attorney before acting on an item. Heidi Fenton is excited about the new artwork, suggested having a countdown to the tree lighting during the Festival of Chimes and Lights, and asked about a reader board in front of City Hall. Mayor Putaansuu explained electronic reader boards are prohibited by the City’s sign code. 13. EXECUTIVE SESSION An executive session was held earlier. 14. ADJOURNMENT The meeting adjourned at 8:15 p.m. No other action was taken. Audio/Visual was successful.

Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor

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Agenda Staff Report

Agenda Item No.: Business Item 7A Meeting Date: January 14, 2020

Subject: Appointment of a Mayor Pro-Tempore Prepared by: Brandy Rinearson, MMC for 2020 City Clerk Atty Routing No.: NA Atty Review Date: NA

Summary: Historically, the first meeting of each calendar year the Council nominates and appoints a Mayor Pro-Tempore from the current Councilmembers. As a Code-city; the Council can biennially or periodically appoint a Mayor Pro Tempore. The statute reads as follows:

RCW 35A.12.065 Pro tempore appointments. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of the extended excused absence or disability of a councilmember, the remaining members by majority vote may appoint a councilmember pro tempore to serve during the absence or disability.

The council desires to continue with the annual appointments of the Mayor Pro-Tempore.

Recommendation: Staff recommends a councilmember nominate a Mayor Pro-Tempore to serve for 2020.

Relationship to Comprehensive Plan: None.

Motion for consideration: I move to elect as the Mayor Pro-Tempore for 2020.

Fiscal Impact: N/A

Alternatives: N/A

Attachments: None

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Agenda Staff Report

Agenda Item No.: Business Item 7B Meeting Date: January 14, 2020

Subject: Adoption of a Resolution Approving a Prepared by: Nick Bond, AICP Contract with GGLO, LLC for the DCD Director Downtown/County Campus Sub Area Plan Atty Routing No.: 005-20 And Planned Action EIS Atty Review Date: January 10, 2020

Summary: The City’s Comprehensive Plan identifies the preparation of a Downtown Sub Area Plan as a priority towards implementing the Centers approach to growth as described therein and in PSRC’s Vision 2040/50. Completing this project was also listed as a City Council priority at the 2019 City Council retreat. In September 2019, the City was informed of a grant opportunity to seek funds to complete a sub area plan and planned action EIS and was successful in applying for funding. The City was awarded the maximum award under the grant program, $50,000. This project seeks to develop a more focused plan for downtown Port Orchard with a robust public outreach process. As the City continues to grow and as pressure for downtown redevelopment increases, this plan will ensure that the city has adequate infrastructure to support that growth. The new plan will also ensure that the city has regulations in place that will deliver the Community’s desired outcome and that the desired outcome is achievable and economically viable. Finally, by completing a planned action EIS in conjunction with a subarea plan, the project will streamline the future development process by doing environmental review on the plan rather than at a project by project level, thus streamlining development review so long as a proposed project is designed in accordance with the adopted plan. On November 13, 2019, the City published a Request for Proposals (RFP) – Professional Services for a Downtown and County Government Campus Subarea Plan and Planned Action EIS. By the November 27, 2019 deadline, six proposals from qualified firms were received. On December 20, 2019, after scoring/ranking the proposals received, and after interviewing the four most highly qualified firms, the City selected GGLO, LLC for the project. City staff then contacted GGLO, LLC to discuss, clarify and develop the final scope, budget and project timeline, which was received on January 9, 2020. The final cost estimate for GGLO and all subconsultants is $206,845 (see attached Fee Table). Recommendation: Staff recommends adoption of a resolution approving a Contract with GGLO, LLC for a Downtown and County Government Campus Subarea Plan and Planned Action EIS, for an amount not to exceed $206,845, and documenting the Professional Services procurement procedures. Motion for consideration: “I move to adopt a resolution approving a Contract with GGLO, LLC for a Downtown and County Government Campus Subarea Plan and Planned Action EIS, for an amount not to exceed $206,845, and documenting the Professional Services procurement procedures.”

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Staff Report 7B Page 2 of 2

Fiscal Impact: In September 2019, the City applied for a WA Department of Commerce Grant and was awarded $50,000 towards the project under Department of Commerce Grant No. 20-63314-045. The remaining cost to the City is tentatively proposed to be paid as follows:

General Fund: $134,405 Water/Sewer: $13,640 Stormwater: $8,800

Alternatives: Revise the contract and/or scope of work; do not sign the contract.

Attachments: Resolution; Contract; Conceptual Study Areas; Scope of Work; Fee Table; Billing Rates; and Conceptual Schedule.

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH GGLO, FOR A DOWNTOWN AND COUNTY GOVERNMENT CAMPUS SUBAREA PLAN AND PLANNED ACTION EIS, AND DOCUMENTING PROFESSIONAL SERVICES PROCUREMENT PROCEDURES.

WHEREAS, on November 13, 2019, the City of Port Orchard Department of Community Development (DCD) published a Request for Proposals (RFP) – Personal Services for a Downtown and County Government Campus Subarea Plan and Planned Action EIS; and WHEREAS, by the November 27, 2019 deadline, DCD received six (6) proposals from qualified firms; and WHEREAS, on December 2, 2019, a panel including representatives from the City Council, DCD, and the Public Works Department selected the four (4) firms for interviews based on reviews of their proposals; and

WHEREAS, on December 9 and December 10, 2019, a panel including the Mayor, the City Council, and representatives from DCD and Public Works interviewed these four selected firms; and WHEREAS, based on interview scoring, on December 10, 2019, the Panel selected GGLO, LLC for the project award; and WHEREAS, on December 11, 2019, the City contacted GGLO, LLC to state that GGLO, LLC had been selected for the project award, and to discuss, clarify and develop a final project scope, budget and timeline; and WHEREAS, on January 9, 2020, GGLO, LLC provided the City with a final project scope, budget and timeline; and

WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State

Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore,

THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

THAT: The Port Orchard City Council approves a Contract with GGLO, LLC for a Downtown and County Government Campus Subarea Plan and Planned Action EIS, and adopts the “Whereas” statements contained herein, as findings in support of the City’s consultant selection procurement procedures.

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Resolution No. ___ Page 2 of 2

PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested

by the Clerk in authentication of such passage this 14th day of January 2020.

Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk

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City of Port Orchard and __________ Public Works Project No. _________ Professional Service Agreement Contract No. ________ Rev 7/18/2019

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CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT

THIS Agreement is made effective as of the 15th day of January 2020, by and between the City of

Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose address is:

CITY OF PORT ORCHARD, WASHINGTON (hereinafter the “CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029 and GGLO, LLC, a Limited Liability Company, organized under the laws of the State of

Washington, doing business at: GGLO, LLC (hereinafter the “CONSULTANT”) 1301 First Ave

Suite 301 Seattle, WA 98101

Contact: Jeff Foster Phone: (206) 465-5828 Fax: (206) 467-0627 for professional services in connection with the following Project:

Downtown Port Orchard Sub Area Plan and Planned Action EIS

TERMS AND CONDITIONS 1. Services by Consultant.

A. The Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit " B,” with the study area shown on exhibit “A,” and in accordance with the schedule as shown on exhibit “D." The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City.

B. The City may from time to time require changes or modifications in the Scope of Work.

Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by the parties and incorporated in written amendments to the Agreement. 2. Schedule of Work.

A. The Consultant shall perform the services described in the Scope of Work in accordance with the tasks identified within Exhibits “A and B” and the terms of this Agreement. If delays beyond the Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension is appropriate.

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B. The Consultant is authorized to proceed with services upon receipt of a written Notice to Proceed. 3. Terms. This Agreement shall commence on January 15, 2020 (“Commencement Date”) and shall

terminate April 1, 2020 unless extended or terminated in writing as provided herein. The City reserves the right to offer two (2) one-year extensions prior to contract expiration to retain the selected company’s services.

4. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $206,845 without written authorization and will be based on the list of billing rates and reimbursable expenses attached hereto as Exhibits “C1 and C2.” 5. Payment.

A. The Consultant shall maintain time and expense records and provide them to the City

monthly after services have been performed, along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice.

B. All invoices shall be paid by City warrant within thirty (30) days of receipt of a proper

invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and the parties shall immediately make every effort to settle the disputed portion.

C. The Consultant shall keep cost records and accounts pertaining to this Agreement available for inspection by City representatives for three (3) years after final payment unless a longer period is required by a third-party agreement. Copies shall be made available on request. D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall comply with all federal and state laws applicable to independent contractors, including, but not limited to, the maintenance of a separate set of books and records that reflect all items of income and expenses of the Consultant’s business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to show that the services performed by the Consultant under this Agreement shall not give rise to an employer-employee relationship between the parties, which is subject to Title 51 RCW, Industrial Insurance.

E. If the services rendered do not meet the requirements of the Agreement, the Consultant will

correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement.

6. Discrimination and Compliance with Laws

A. The Consultant agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or ordinance, except for a bona fide occupational qualification.

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B. Even though the Consultant is an independent contractor with the authority to control and

direct the performance and details of the work authorized under this Agreement, the work must meet the approval of the City and shall be subject to the City’s general right of inspection to secure the satisfactory completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and regulations that are now effective or become applicable within the term(s) of this Agreement to the Consultant’s business, equipment and personnel engaged in operations covered by this Agreement or accruing out of the performance of such operations.

C. The Consultant shall obtain a City of Port Orchard business license prior to commencing work pursuant to a written Notice to Proceed.

D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds for

cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may result in ineligibility for further work for the City.

7. Relationship of Parties. The parties intend that an independent contractor-client relationship will be created by this Agreement. As the Consultant is customarily engaged in an independently established trade which encompasses the specific service provided to the City hereunder, no agent, employee, representative or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent, representative or sub-consultant of the City. In the performance of the work, the Consultant is an independent contractor with the ability to control and direct the performance and details of the work, the City being interested only in the results obtained under this Agreement. None of the benefits provided by the City to its employees, including but not limited to compensation, insurance, and unemployment insurance, are available from the City to the employees, agents, representatives or sub-consultants of the Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents, employees, representatives and sub-consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent contractors to perform the same or similar work that the Consultant performs hereunder. 8. Suspension and Termination of Agreement

A. Termination without cause. This Agreement may be terminated by the City at any time for public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment for the benefit of creditors.

B. Termination with cause. This Agreement may be terminated upon the default of the

Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving written notice of the default.

C. Rights Upon Termination.

1. With or Without Cause. Upon termination for any reason, all finished or unfinished documents, reports, or other material or work of the Consultant pursuant to this Agreement shall be submitted to the City, and the Consultant shall be entitled to just and equitable compensation for any satisfactory work completed prior to the date of termination, not to exceed the total compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost,

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profit or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not performed because of such termination. The Consultant shall use its best efforts to minimize the compensation payable under this Agreement in the event of such termination. Upon termination, the City may take over the work and prosecute the same to completion, by contract or otherwise.

2. Default. If the Agreement is terminated for default, the Consultant shall not be

entitled to receive any further payments under the Agreement until all work called for has been fully performed. Any extra cost or damage to the City resulting from such default(s) shall be deducted from any money due or coming due to the Consultant. The Consultant shall bear any extra expenses incurred by the City in completing the work, including all increased costs for completing the work, and all damage sustained, or which may be sustained, by the City by reason of such default. D. Suspension. The City may suspend this Agreement, at its sole discretion. Any

reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of services under this Agreement without delay when the suspension period ends.

E. Notice of Termination or Suspension. If delivered to the Consultant in person, termination

shall be effective immediately upon the Consultant’s receipt of the City’s written notice or such date as stated in the City’s notice of termination, whichever is later. Notice of suspension shall be given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the address set forth in Section 15 herein. 9. Standard of Care. The Consultant represents and warrants that it has the requisite training, skill and experience necessary to provide the services under this Agreement and is appropriately accredited and licensed by all applicable agencies and governmental entities. Services provided by the 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 in similar circumstances.

10. Ownership of Work Product.

A. Drawings, Specifications and other documents, including those in electronic form, prepared by the Consultant and the Consultant’s consultants are Instruments of Service for use solely with respect to the Project. Nevertheless, upon full payment of all sums due or anticipated to be due the Consultant under this Agreement and upon performance of all the City’s obligations under this Agreement, the latest original Drawings, Specifications, and the latest electronic data prepared by the Consultant and the Consultant’s consultants for the Project shall become the property of the City. This conveyance shall not deprive the Consultant or the Consultant’s consultants of the right to retain electronic data or other reproducible copies of the Drawings and Specifications or the right to reuse information contained in them in the normal course of their professional activities. The Consultant and the Consultant’s consultants shall be deemed the authors of such electronic data, documents, and design, and shall retain all rights not specifically conveyed, and shall be given appropriate credit in any public display of such documents. Under no circumstances shall the transfer of ownership of the Drawings, Specifications, electronic data or other Instruments of Service be deemed to be a sale by the Consultant, and the Consultant makes no warranties, express or implied, of MERCHANTABILITY or of fitness for a particular purpose.

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B. All written information submitted by the City to the Consultant in connection with the

services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in the Consultant’s possession or known to it, or is rightfully obtained by the Consultant from third parties, the Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. The Consultant is permitted to disclose any such information only to the extent required by law, subpoena or other court order. 11. Work Performed at the Consultant’s Risk. The Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of the work hereunder, and shall utilize all protection necessary for that purpose. All work shall be done at the Consultant’s own risk, and the Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held by the Consultant for use in connection with the work. 12. Indemnification. The Consultant shall indemnify and hold the City, its officers, officials, employees harmless from any and all claims, injuries, damages, losses or suits, caused by negligent acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages caused by the negligence of the City. 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 City, its officers, officials, employees, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. The provisions of this section shall survive the expiration or termination of this Agreement. 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. 13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees.

A. Minimum Scope of Insurance

Consultant shall obtain insurance of the types described below:

1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage.

2. Commercial General Liability insurance shall be written on ISO occurrence form CG

00 01 or a substitute form providing equivalent liability coverage and shall cover liability arising from premises, operations, independent contractors and personal injury

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and advertising injury. The City shall be named by endorsement as an additional insured under the Consultant’s Commercial General Liability insurance policy with respect to the work performed for the City. If necessary, the policy shall be endorsed to provide contractual liability coverage.

3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the

State of Washington. 4. Professional Liability insurance appropriate to the Consultant’s profession.

B. Minimum Amounts of Insurance

Consultant shall maintain the following insurance limits:

1. Automobile Liability insurance with a minimum combined single limit for bodily

injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less than

$1,000,000 each occurrence, $2,000,000 general aggregate.

3. Workers’ Compensation in accordance with statutory requirements.

4. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit.

C. Other Insurance Provisions

The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability and Commercial General Liability insurance:

1. The Consultant’s insurance coverage shall be primary insurance as respect the City.

Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not contribute with it.

2. The Consultant shall provide thirty (30) days written notice to the City prior to the

cancellation or change of its insurance policies.

3. The City will not waive its right to subrogation against the Consultant. The Consultant’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City.

4. If any coverage is written on a “claims made” basis, then a minimum of a three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided to the City.

D. Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.

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E. Verification of Coverage

The Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work.

14. Assigning or Subcontracting. The Consultant shall not assign, transfer, subcontract or encumber any rights, duties, or interests accruing from this Agreement without the express prior written consent of the City, which consent may be withheld in the sole discretion of the City. 15. Notice. Any notices required to be given by the City to the Consultant or by the Consultant to the City shall be in writing and delivered to the parties at the following addresses:

Robert Putaansuu

Mayor 216 Prospect Street

Port Orchard, WA 98366

Phone: 360.876.4407 Fax: 360.895.9029

GGLO, LLC Jeff Foster 1301 First Ave Seattle, WA 98101 Phone: (206) 465-5828 Fax: (206) 467-0627

16. Resolution of Disputes and Governing Law. A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term or provision’s true intent or meaning. The Mayor shall also decide all questions which may arise between the parties relative to the actual services provided or to the sufficiency of the performance hereunder. B. If any dispute arises between the City and the Consultant under any of the provisions of this Agreement which cannot be resolved by the Mayor’s determination in a reasonable time, or if the Consultant does not agree with the Mayor’s decision on a disputed matter, jurisdiction of any resulting litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington. C. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable attorneys’ fees from the other party. 17. General Provisions. A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein contained in one or more instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options, and the same shall be in full force and effect. B. Modification. No waiver, alteration, modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and the Consultant.

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C. Severability. The provisions of this Agreement are declared to be severable. If any provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement between the parties with respect to the subject matter hereunder is contained in this Agreement and the Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of the above documents are hereby made a part of this Agreement and form the Agreement document as fully as if the same were set forth herein. Should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set forth above.

CITY OF PORT ORCHARD, WASHINGTON _______________________________ Robert Putaansuu, Mayor ATTEST/AUTHENTICATE:

_______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: By: _______________________________ Charlotte Archer, City Attorney

CONSULTANT By: _______________________________ Name: _______________________________ Title: _______________________________

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City of Port Orchard Centers

County CampusDowntown

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Polygon

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Potential study area expansion

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Potential study area expansion

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Proposed Redevelopment Study Areas

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Potential Programmatic EIS Study Boundary expansion, to be determined by PSRC Regional Growth Centers Criteria

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Note : -County Campus Planned Action Study Area will be based on proposed County expansion plans, by others. -West Downtown Gateway Planned Action Study Area includes existinc concept design for the Kitsap Bank and South Kitsap Community Center Campus.

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West Downtown Gateway & Waterfront

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Exhibit A - Study Area Map

EXHIBIT B Scope of Services

Port Orchard Subarea Plan and Planned Action EIS (POSP) City of Port Orchard, WA Date: January 09, 2020 Overview GGLO (Consultant) will serve as the primary contract entity for the Port Orchard Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) and provide contract oversight for the phases and tasks as outlined below. The POSP Scope of Services will address two focus areas: Downtown and County Government Campus Subarea Visioning and Planning Draft-Final Planned Action Subarea Plan / EIS Process and Planned Action Ordinance (PAO)

The key objectives of the POSP are to:

Identify a long-range land use vision, opportunities to increase housing, and transportation plan for the Port Orchard Downtown and County Government Campus Subarea.

Develop preferred Subarea Plan for the Downtown and County Campus Centers. Develop Planned Action redevelopment alternatives for the targeted areas within the larger

subarea plan, including: o West Downtown Gateway and Waterfront. o East Downtown Gateways. o Kitsap County Government Campus Cline Ave. Corridor

Prepare the required Environmental Impact Statement (EIS) and Planned Action Ordinance (PAO) in response to applicable state, and local environmental policy act requirements, and;

Provide support for City approval of Subarea Plan and completion of the Final EIS and PAO. The GGLO team will work with the City of define the boundaries of the focus areas for SEPA EIS

review. The EIS will evaluate the direct, indirect, cumulative and construction-related impacts associated with up to two alternatives and the No Acton Alternative.

Through the initial analysis phase and EIS Scoping process, the GGLO team will work with the City of Port Orchard to determine if additional scope amendments are required.

The following Scope of Services will inform the plan development, review and approval process and final POSP documentation. The Scope of Services includes four (4) primary phases with individual tasks and deliverables necessary to support the POSP and related environmental impact study requirements.

PHASE TASK HIGH LEVEL DESCRIPTION

100 Analysis / Kick-off

1 Project Kick-off / Logistics / Management 2 PSRC Cord / Meeting 3 Data Collection / Analysis

Base Mapping Codes and Standards, Policy Assessment

4 Market Economic Analysis (Heartland) Baseline Development Capacity Analysis

5 Leadership Team Workshop (at GGLO / Zoom) 110 Visioning / Engagement

6 Stakeholder Outreach (up to 2 meetings) 7 Public Engagement - Initial

• Public Vision Survey

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City of Port Orchard, WA Downtown and County Government Campus Subarea Plan and Planned Action EIS (POSP) – Scope of Services Date: January 9, 2020

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• Public Kick-off Open House 8 Analysis & Visioning Summary

120 Design & Alternatives Exploration

9 Draft Subarea Plan • Preliminary Draft Plan Document • Alternative Concept Development • Alternatives Leadership Work Session (at GGLO / Zoom) • Implementation Strategies

10 EIS Initiation • Scoping Preliminary SEPA work plan

11 Public Engagement - EIS Scoping Meeting 12 Infrastructure Reports and Assessments (Reid Middleton, BHC, TSI)

• Transportation • Water and Sewer • Storm Water

13 Draft EIS 14 Public Engagement - Draft EIS / Alternatives

130 Draft-Final Plan / EIS-PAO Approval Process

15 Final EIS / PAO • Intra-Agency Review / Coordination of Final EIS • PAO Memo

16 Final Sub Area Plan

17 Final Reporting / PAO Adoption

PHASE 100: KICK-OFF / ANALYSIS Task 100.1: Project Kick-off / Logistics / Management – ZOOM Conference Call Meeting GGLO (Consultant), along with their consultants and the City Project Manager, will jointly provide project management and coordination throughout this contract phase. Following a Notice-to-Proceed, the Consultant will organize a Project Kick-off meeting via zoom conference. At this Kick-off meeting, the Consultant will confirm the study process, key deliverables, milestones and timelines, and review the project Communication Plan that will include; staff and stakeholder contact information, project logistics and a project management schedule. Ongoing project management will include project management communications, City/Consultant staff work sessions and key milestone coordination meetings as part of the POSP process. The Project Communication Plan will be developed to outline key project team members, decision-makers, and stakeholder organizations. The City will provide names and contact information for each group. The Consultant (GGLO) will plan for up to (3) trips to the City of Port Orchard, WA throughout the study process. The trips will consist of various meetings, site visits, workshops and public events to be scheduled as part of the plan process. These would include (3) public meetings and up to (2) stakeholder meetings. The City Project Manager will coordinate with the Consultant on meeting agendas and locations, and meeting minutes as required. Travel to Port Orchard, WA will include labor time and reimbursable expenses (travel, per diem). All monthly invoices and deliverables will be provided in PDF electronic copy unless otherwise noted. Deliverable:

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Project Communication Plan Ongoing Project Management Conference Call check-ins Schedule Updates / Site Visit

Task 100.2 PSRC Meeting The Consultant will assist in coordination with and participate in up to one (1) meeting with the Puget Sound Regional Council. The purpose of the PSRC meeting and coordination includes: Seek feedback on possible regional center boundaries and alternatives. Obtain clear understanding of how the city should demonstrate that its proposed center meets

centers criteria. Confirm PSRC existing activity unit analysis.

An agenda will be developed in advance by the Consultant team and City staff. The City will determine the participants and coordinate meeting logistics including scheduling and location. Deliverable: Summary Documentation of PSRC Input

Task 100.3: Data Collection / Analysis The City and other agencies will provide in digital format applicable existing conditions reports and previously completed studies, plans and polices that may affect the Subarea and Planned Action. The data collection effort will focus on the subarea planning level analysis to inform possible land use and transportation systems planning for the Subarea. This may include but is not limited to: Demographic / Economic Studies Land Use and Zoning Regulations Transportation, Complete Streets and Transit Data City/County Development Standards and Design Guidelines City Sustainability Strategies City Capital Improvement Plans Neighborhood Plans Infrastructure Assessment Studies Current City-Owned Assets within the Subarea

Based on the information provided by the City, the Consultant will review applicable information and develop a summary matrix identifying potential gaps in information. The Consultant will also summarize in a matrix format the direct impacts that current City policy, regulations and standards may have on the Subarea plan.

Subtask 100.3.1 Base Mapping The Consultant will develop a digital base map for the Subarea area using existing City / County GIS and Google Map datum and Sketch-up data (if available). A study area base map will be developed using both 2D plan and potentially 3D Sketch-up digital tools for targeted study sites. A draft digital base map will be developed for review and comment. Based on input from the City, the Consultant will make final edits for use of the base map for the study area accordingly. Task 100.3.2: Codes and Standards, Policy Assessment

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The Consultant will review and assess applicable City codes and standards and provide a summary matrix highlighting key issues affecting the Subarea Planning area. The Consultant will consider at a minimum, applicable land use and zoning codes, design and development standards, comprehensive plan and neighborhood plan policy, and city regulatory requirements as part of the Subarea Plan analysis. This information will be used to evaluate alternative land uses and transportation system design and advance a preferred alternative. The summary matrix will be provided as part of the interim Infrastructure Report deliverable. Deliverable: Project Data Collection Summary Matrix Project Base Map (digital format) Codes and Standards Summary Matrix

Task 100.4: Market Economic Analysis – Heartland This task has two major components: (1) Baseline Assessment; (2) Capacity Analysis. Both tasks will be consolidated into one technical memo or presentation deck. Subtask 100.4.1 Baseline Assessment The Baseline Market Assessment, completed during the initial Analysis phase of the project, will help the team to better understand the likely future demand for development of various types, to inform design and other technical build out of the site. This will include an overview of: Existing baseline socio-economic data The existing housing inventory in the study area Job conditions in the immediate market area Real estate trends for residential and commercial development types in Port Orchard and the

region. Subtask 100.4.2 Updated Development Code Yield analysis based on 20-Year Build-out The development capacity analysis will help the team to better understand future development opportunities within the subarea. The analysis will include: Assessment of vacant and redevelopable lands by zone (within the subarea boundary) Analysis of net buildable lands incorporating critical areas, required public infrastructure and

other factors impacting net developable area Estimate of overall development capacity based on current zoning Estimated development yield within the subarea over the planning period (20 years) showing built

square footage estimates at high and low development thresholds, based on variations on market absorption.

Deliverable: Both Subtasks will be consolidated into one technical memo or presentation deck.

Task 100.5: Leadership Team Workshop The Consultant will plan and facilitate a Leadership workshop to be scheduled following the Notice-to-Proceed. The Leadership Workshop will be held at GGLO Seattle office and will be attended by City project members, invited decision-makers, and the project Consultant team. The intent of the Leadership Workshop is to review the study purpose and objectives and clarify the project scope of work and

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expected project outcomes. The City staff will provide an overview of the Subarea Plan and redevelopment site goals and objectives. As part of the Leadership workshop, the Consultant team will facilitate the discussion of the following agenda items: Public Outreach Plan Preliminary Vision and Goals Preliminary Programing Key topics potentially to be addressed in the subarea plan such as: opportunities to increase

housing, economic and real estate market conditions, circulation network, land use and urban design, parking, market and affordable housing, open space system and placemaking, the 20-minute neighborhood concept, as example.

The Workshop will serve as an initial visioning discussion to define key design principles and priorities, and potential outcomes for the POSP. The project schedule will be provided to participants along with a communications decision diagram highlighting critical team members and tasks, decision points and who is ultimately responsible for developing key recommendations and final decisions throughout the course for the POSP. Deliverable: Facilitation of a Leadership Workshop Summary Documentation of Workshop Input

PHASE 110: Visioning / Outreach The Consultant will prepare and facilitate outreach events as described in the Communications Plan. Labor, including travel time, and expenses for all trips to Port Orchard, WA will be charged to the City. The City will be responsible for coordinating and paying for meeting room location and logistics, required AV equipment for indoor or outdoor events (to be determined), set-up and take down of equipment, refreshments and advertising of meetings through the City website, direct mailings, social media and public announcements. The Consultant will provide content to the City for regular monthly website updates. Monthly web updates and the posting of online surveys will be the responsibility of the City. The Consultant will provide a summary of the outreach activities that the Consultant is responsible for, for the City to use to advertise and promote the project. The Consultant will provide assistance to the City for social media and digital marketing communication project needs, including draft content (text and images) for the City ‘s review. Specific communications tools such as developing mailers, email updates, social media posts (content) and press releases will be produced and distributed by the City. Input opportunities may include map-based components and graphics to help stakeholders understand concepts and context when providing input. This task assumes the City will pay for advertising costs for meeting notices and mailings for all events and online input opportunities. The City is responsible for public information press releases, website and social media updates and documenting input from these sources as required. Task 110.6 Neighborhood Association / Stakeholder Outreach The Public outreach plan developed in task 100 will include Stakeholder outreach and engagement with up to two (2) neighborhood association / stakeholder group meetings to provide project updates and gather input as required. These meetings shall be scheduled concurrently to reduce team travel. Agendas

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will be developed in advance by the Consultant team and City staff. Meeting materials will be adapted from previous meetings as required. The Consultant will provide a brief summary of findings after each meeting. The City will determine the participants and coordinate meeting logistics including scheduling and location. In addition to these outreach meetings, the project team will work with City Staff to identify additional opportunities for stakeholder outreach and input. Potential stakeholders may include: Neighborhood Associations; Subarea business owners POBSA, County, Kitsap Transit, Chamber, School District, Navy, Port of Bremerton, Utility Providers, Homebuilders Association, Tribes, etc. Deliverable: Summary Documentation of Stakeholder Input

Task 110.7: Public Engagement – Initial The Consultant will coordinate with the City Project Manager to plan and execute the initial public engagement including the following elements: Community Open House Events / Public Meetings (Up to 1) Community Online Surveys (Up to 1)

These in-person and online activities will inform the public and stakeholders about the project and allow opportunities for the community to provide input into the visioning and initial analysis of the Subarea plan and review diverse perceptions of the site’s conditions and character. Each activity will be tied to objectives outlined in the project communications plan and key questions will be identified for such that input requested is useful to the planning process and decision-making. The Consultant will provide the strategy and approach for community open house with input from the City. The City will coordinate event logistics including scheduling, securing and paying for facility rentals and equipment. The consultant will produce materials for events (informational handouts/fact sheets, display board and maps) in coordination with the City. The City and Consultant will jointly staff outreach events. Deliverable: Community Open House / Initial Public Meeting Information handouts/fact sheets Short visual preference Survey Display boards and/or maps (up to 4 total) Event Summary Reports

Task 110.8: Analysis & Visioning Summary The Consultant will consult with City staff and project team members to review data collection efforts and facilitate discussions on the long-range plan vision, goals and objective and design precepts for the Subarea Plan. The information collected will help formulate a collective long-range vision and aspirations for the project. A visioning Summary will define a Vision Statement, project goals and objectives, key design strategies and metrics that will ensure the success of the plan implementation over time. The Consultant will provide an Analysis / Visioning Interim Report to the City for review. The report will be provided in digital PDF format. A staff review period will be established to ensure a timely review. Deliverable: Draft Analysis and Visioning Interim Report (Digital PDF format)

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Following the analysis and visioning summary, the Consultant team will work with the City to confirm the project vision and scope remain consist with the agreed Consultant scope and fee. If needed the Consultant will work the City to make revisions scope or fee revisions. PHASE 120: EXPLORATION Task 120.9: Draft Subarea Plan Prior to the commencement of this task, the final project boundaries, programing and degree of emphasis on feasibility, and implementation opportunities to increase housing must be definitively defined. It is anticipated that the Subarea Plan will be comprehensive to address all required plan elements and will contain a combination of a written narrative, info-graphics and other supporting visuals. The Subarea Plan will reflect the values and desires of the community as defined through the plan process. At minimum, the draft Subarea Plan will include: a vision statement, purpose, goals and objectives, design precepts, background data and proposed policy recommendations to clearly articulate the community’s values and aspirations for the Subarea. The goal is to develop a concise, easily understood and visually appealing document that balances written content with graphics and support mapping as needed. Subtask Task 120.9.1: Preliminary Draft Plan Document The Consultant will meet with City staff to discuss the format and layout of the draft Subarea Plan document and outline the essential elements of the plan document. The document will be a concise, digitally-based PDF document. The intent is to design the document to be compatible as a web-based interactive document. Based on input received on the document format, the Consultant will provide a preliminary draft template and table of contents outline of the Subarea Plan for review and approval. The Subarea Plan document may address, but is not limited to:

Introduction Existing Conditions Urban Design Framework / Long Term Vision Opportunities and Constraints Analysis Circulation, Access, and Parking Housing Planned Action Study Areas and Alternatives Implementation Strategies Appendices

Deliverable: Preliminary Draft-template and Outline Preliminary Draft Subarea Plan in PDF format

Subtask Task 120.9.2: Alternative Concept Development As part of the subarea planning process, the Consultant will work in conjunction with the Leadership team to develop two (2) conceptual alternatives for consideration under the planned action EIS. These alternatives will be based on the following planned action site(s), (see map): West Downtown Gateway; East Downtown Gateway; Central Waterfront; County Government Campus / Cline Street Corridor. These development concepts will serve as the basis for the Planned Action Alternatives. Each alternative would be based on the same high-level conceptual site layout with a variation in proposed development intensities.

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Deliverable: Draft Development Site Plans and diagrams

Subtask Task 120.9.3: Alternative Development Concepts Leadership Meeting The Consultant will plan and facilitate a Leadership meeting to review draft development concepts and alternatives. The Meeting will be held at GGLO Seattle office and will be attended by City project members, invited decision-makers, and the project Consultant team. The intent of the meeting is to review broad subarea planning concepts and confirm the alternatives to be considered. Deliverable: Facilitation of Leadership Meeting Summary Documentation of Workshop Input

Subtask 120.9.4: Implementation Strategies The Consultant will provide an overview of Urban Design and Implementation Strategies for the POSP. The strategies are intended to guide the built urban form and non-built areas of the Subarea by establishing guidelines to organize, manage and integrate a variety of mixed uses within the development. These strategies may include a narrative, conceptual diagrams, or precedent imagery. The Implementation Strategies will broadly outline design parameters and permitted uses, establish the necessary building-to-street and building-to-building character and relationships, thoroughfare and landscape design concepts for the development. The Implementation Strategies section may identify a wide range of possible short-term priorities and long-term needs, and an action plan that outlines an approach for the next steps. This may include recommendations addressing future code amendments and zoning changes, funding strategies, land acquisitions, partnership agreements, etc. This Scope of Services does not include any Land Use Development Code modifications, Comprehensive Plan land use designations or zoning amendments. Deliverable: Draft Urban Design Standards and Implementation Strategies Framework Plan in digital PDF

format Task 120.10: Environmental Impact Statement (EIS) Initiation Preparation of the EIS will consist of three phases, including Phase I – Project Initiation/EIS Scoping; Phase II – Draft EIS; and, Phase III – Final EIS/Assistance Drafting Planned Action Ordinance. The Consultant will provide services for the completion of the SEPA Environmental Impact Statement (EIS) and assistance with the completion of a Planned Action Ordinance (PAO). The intent of the EIS is to facilitate designation of the subarea as a planned action (pursuant to WAC 197-11-164 and VMC 20.790). A Draft and Final (EIS) will be completed to evaluate environmental impacts of the subarea plan as required in order to designate the area as a planned action. Following completion of the EIS, a planned action ordinance will be drafted summarizing potential mitigation impacts associated with the subarea, establishing thresholds for development and providing for streamlined environmental review of projects that are consistent with the subarea plan. Subtask 120.10.1: Scoping, Initiation, and Preliminary SEPA Matters

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During this task, the City and Consultant will complete the EIS scoping process including finalization of alternatives and determining the scope of the Draft EIS. The scoping process will be integrated into the public outreach process for the overall subarea plan and specific efforts and costs associated with the public meeting and scoping are addressed above. The Consultant will prepare a draft Determination of Significance (DS) and scoping notice and provide it to the City for review and comment. The Consultant will finalize the DS and provide it to the City. The City will publish and distribute the DS (required public notices and on-line) per the requirements of WAC 197-11 360 and will be listed as the recipient for public comments. During the 21-day comment period on the DS one of the open houses identified in the tasks above will be held. The consultant will provide a method to receive written comments on the DS to be collected by the City at the open house. Once the Draft EIS scoping period is complete, the City will provide the Consultant with an electronic record of all comments received. The Consultant will review and summarize comments by issue area and develop a technical memorandum recommendation to the City on whether the scope for the Draft EIS as outlined in the DS and scoping notice should be modified. The City will provide the Consultant with a complete electronic record of all comments reviewed. Following the project scoping process, the City and Consultant will meet to discuss strategies required to complete the next scope of work process. The scope elements identified below will be reviewed and revised if necessary, to reflect any changes in the scope of the Draft EIS identified by the SEPA responsible official. Items included in the EIS Initiation phase include: Review applicable existing background information. Provide input to the City and the GGLO team regarding the overall public relations strategy and

elements of the public relations strategy that relate to the SEPA process. With the City and the GGLO team, confirm reasonable alternatives for analysis in the EIS and the

range of environmental issues to be analyzed in the EIS. Prepare a brief Preliminary SEPA Work Plan summarizing the assumptions regarding alternatives

to be analyzed (two action alternatives and the No Action Alternative assumed), elements of the environment, EIS format, etc.

Create an “Information Needs Memo”: This Memo will be the framework moving forward with the technical analyses and has been a proven and valuable tool to achieve an efficient start to the SEPA process. It ensures a consistent understanding of data needs and schedule.

Confirm Schedule for SEPA review. Review the City of Port Orchard’s Determination of Significance/EIS Scoping Notice and attend

public scoping meeting. Attend and actively participate in the EIS Scoping meeting. Review and comment on the City of Port Orchard’s summary of comments (written comments

and testimony) received during the public Scoping period. Initiate Preparation the Draft EIS Chapter 2 – This is the description of the Proposed Action and

Alternatives. A draft of this chapter will be submitted to the City and GGLO for review/concurrence. Upon completion of City/GGLO review, Chapter 2 will be distributed to the

Deliverable: Draft and final Determination of Significance and Scoping Notice

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Memorandum Summary; Public Comments and Recommendations (Responses) as part of Final Scoping Determination to Draft EIS Scope

Task 120.11: Community Engagement – EIS Scoping The Consultant will provide presentation material and support as required for the EIS Scoping public meeting. The Consultant will prepare graphic, content and presentation materials, and be prepared to assist the City staff for up to one (1) Public Meetings. The City will coordinate event logistics including scheduling, securing and paying for facility rentals and equipment. The consultant will produce materials for events (informational handouts/fact sheets, display board and maps) in coordination with the City. The City and Consultant will jointly staff outreach events. The consultant assumes that City staff will provide written responses to all public inquiries and/or other agencies. Deliverable:

Preparation of digital presentation materials and attendance as required at up to (1) public meeting.

Display boards and/or maps (up to 4 total) Event Summary Reports

Task 120.12: Infrastructure Report and Analysis The Consultant will provide a summary assessment of existing infrastructure systems affecting the Subarea planning area. The assessment will include an overview of the current street network and transportation system, non-motorized access, bicycle and pedestrian infrastructure, current transit services, traffic, utilities, water, storm drainage, and sanitary sewer plans for the Subarea. The assessment will rely on data collected as a part of Task 110: Data Collection / Base Mapping along with previous assessments completed by for the City. The Consultant will review publicly available data sources or additional background studies and reports that are provided and prepare an existing conditions assessment inventory. For municipal utilities the assessment will include the review of publicly available data, prior studies, comprehensive facility plans, and background data provided by municipal agencies to identify and describe existing utilities and service capacity for water, sewer, storm drainage, and irrigation services. No additional fieldwork or field verification of existing utilities will be completed as part of this task. Following a determination of EIS alternatives, utilities and transportation will be evaluated by developing anticipated increase in demand and determining whether existing infrastructure improvements may be required beyond those currently planned. Assumptions will be based on general planning standards and no modeling or engineering will be completed as part of the effort. As applicable, the consultant will identify level (threshold) of new residential/employment development that would trigger need for new or expanded utilities. Analysis included in this proposal assumes that the subarea pan will not increase development capacity beyond those currently anticipated in the existing City zoning and comp plan. Subtask 120.12.1 Traffic Impact Study / Transportation Compliance Letter The Consultant will conduct a traffic analysis associated with the Port Orchard Downtown and County Government Campus Subarea Plan and Planned Action EIS. Items included in this task include: Project administration and quality control. Prepare regular status reports and project invoices. Summarize existing conditions, including the following elements:

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o Vehicular conditions, including circulation, functional classification, Levels of Service, and existing LOS deficiencies.

o Nonmotorized conditions, including pedestrian/bicycle facilities, public transit, and water transportation.

Confirm subarea alternatives which will be provided by GGLO staff. Subarea alternatives may include land use (zoning) and transportation network changes. TSI will confirm understanding of alternatives with GGLO before proceeding to future conditions analysis. Subarea alternatives may be developed iteratively based on results of future LOS results and identified thresholds for new residential and commercial development.

Analyze future (2040) conditions for up to 2 alternatives in addition to a baseline scenario. The future conditions analysis will include the following elements:

o Alternative description, including development forecasts, network improvements, and areawide PM peak hour trip generation forecasts

o Street network characteristics, including access and circulation, functional classification, street design characteristics,

o Vehicular operations, including intersection and segment LOS results and anticipated LOS deficiencies based on Port Orchard and WSDOT LOS policy.

o Nonmotorized access and circulation, including pedestrian/bicycle facilities, public transit, and water transportation

o This task includes up to 4 hours of Transportation Solutions staff time to review future conditions results and possible network deficiencies with GGLO and City staff. Results may be used to revise subarea alternatives identified in Task 3.

Summarize findings and recommendations in technical report. Report will describe methods and assumptions, existing conditions, future alternatives, and future conditions for each alternative. Recommended transportation improvement projects will be identified as necessary.

Review findings and recommendations with GGLO and City staff, as necessary. This task includes up to 4 hours of Transportation Solutions staff time to participate in conference calls or in-person meetings, as necessary.

Deliverable: Interim Draft Infrastructure Summary Report Draft and Final Traffic Analysis Results Memorandum/Recommendations (preferred alternative) Subarea Plan Transportation Network Recommendations Map and Narrative

Subtask 120.12.2: Water / Sewer Improvement needs and thresholds The Consultant will rely on existing City, State, and other local sources of information to develop an inventory of existing conditions. No field investigation, field survey, modeling, or any type of stormwater management design is proposed as part of the subarea plan/EIS effort. Scope within this task includes: Provide a general description of the previous water and sanitary sewer study and planning

conducted by the City. Provide a general description of the current water and sanitary sewer system including:

o Existing water supply, storage, and distribution o Current capacity and demand o Capacity and current flows to the Port Orchard/West Sound Utility District Wastewater

Treatment Facility o Wastewater facilities and infrastructure

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Describe any previously identified system constraints. Describe any previously identified water or sanitary sewer system capacity improvements that

would be necessary to mitigate existing constrains. Provide a general description of the water or sanitary sewer system demands anticipated under

subarea plan development assumptions and relationship to previous planning. Indicate general system improvements needed to accommodate the future demands required

beyond those previously identified, if any.

Deliverable: Interim Draft Infrastructure Summary Memorandum describing existing water and sanitary

sewer utility system within the subarea and previous planning efforts. Final water and sanitary sewer infrastructure Memorandum identifying currently planned or

future potentially required improvements to support the subarea plan. Subtask 120.12.3: Stormwater Improvement needs and thresholds The Consultant will rely on existing City, State, and other local sources of information to develop an inventory of existing conditions. No field investigation, field survey, modeling, or any type of stormwater management design is proposed as part of the subarea plan/EIS effort. Scope within this task includes: Provide a general description of the previous drainage basin planning conducted by the City. Provide a general description of the current stormwater system including a written summary and

existing system mapping. Describe any previously identified system constraints. Describe any previously identified stormwater system improvements that would be necessary to

mitigate existing constrains. Provide a general description of the stormwater runoff conditions anticipated under subarea plan

development assumptions and relationship to previous drainage basin planning. Identify potentially opportunities for direct outflow locations and required measures.

Indicate general stormwater system improvement required beyond those previously identified, if any.

Deliverable: Interim Draft Infrastructure Summary Memorandum describing existing stormwater utility

system within the subarea and previous planning efforts. Final Stormwater infrastructure Memorandum identifying currently planned or future potentially

required improvements to support the subarea plan.

Task 120.13: Draft EIS In this task, the Consultant will prepare a Draft EIS (DEIS) for review by the City. Following incorporation of the City’s comments, the Consultant will provide a PDF of the Draft EIS for the City to publish. Key assumptions/considerations for the EIS include the following: The team will work with the City to define tasks for producing a planned action EIS in support of

the subarea plan. As such, the overall objective will be to provide certainty for future, site-specific development proposals and greatly facilitate the permitting process for such projects.

Preparation of the Subarea Plan and EIS will be an iterative process with the EIS helping to inform and shape key elements of the plan.

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The EIS will be formatted to provide an overall analysis of the entire subarea planning area, with a focus of analysis for up to three focus areas. Two of the focus areas will be located in the Downtown area and one will be located in the County Government campus area. It is assumed that the EIS development assumptions for the areas outside of the focus areas (such as Residential 1 and 2 zoned areas) will continue as existing use and density.

The GGLO team will work with the City of define the boundaries of the focus areas for SEPA EIS review.

The EIS will evaluate the direct, indirect, cumulative and construction-related impacts associated with up to two alternatives and the No Acton Alternative.

Technical input (technical memos) for the EIS will include the following existing City of Port Orchard technical team members: Transportation (Transportation Solutions Inc.); and Utilities (BHC, Inc. for water and sewer, and Reid Middleton for stormwater).

The Land Use and Population/Employment sections will be based, in part, on GGLO and Heartland information provided as part of subarea planning.

The Aesthetics section will include visual simulations provided by GGLO. The EIS will identify measures that if implemented, could mitigate the impacts identified. The

EIS will link mitigation to development thresholds, as appropriate. The identified mitigation thresholds will also support the Planned Action Ordinance.

The City of Port Orchard will distribute all public notices, the Draft EIS and the Final EIS. This scope of work assumes that only the following elements of the environment are relevant and will be addressed in the DEIS: Cover Fact sheet Distribution list Table of contents Summary Alternatives including:

o No action (development under current plan/zoning) o Two (2) alternative development scenarios

It is assumed that at this point (prior to EIS scoping) that the EIS will evaluate the following elements of the environment:

o Land Use/Relationship to Plans and Policies o Population/Employment o Housing o Aesthetics o Utilities o Transportation

Any additional items required as a result of the scoping process to be an additional service. Items included in the DEIS phase include: Coordinate with the City of Port Orchard and the GGLO team regarding finalization of EIS scope

and team member’s responsibilities. Coordinate with the City and GGLO team regarding information necessary for the Draft EIS. Update the Information Needs Memo based on the finalized scope and team information needs.

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Review and comment on the draft technical reports/information, including reports/information related to Water (Reid Middleton for stormwater); Transportation (Transportation Solutions Inc.); and, Utilities (BHC, Inc. for water and sewer).

Coordinate with the GGLO team regarding input related to land use density/height assumptions, population, employment, housing, and visual simulations.

Serve as principal author of the Preliminary Draft EIS, including Fact Sheet, Summary Chapter, EIS Sections (including Land Use/Relationship to Plans & Policies, Population/Employment, Housing, and Aesthetics).

Produce the Preliminary Draft EIS and submit (electronically) to the City and GGLO for review and comment.

Revise the Preliminary Draft EIS based on comments received; submit the Updated Preliminary Draft EIS to the City (a total of two rounds of review assumed).

Coordinate production of the Draft EIS for issuance. Attend the Draft EIS public meeting organized and run by the GGLO team and City. Participate in up to 5 team meetings (held in Seattle) or conference calls throughout the Draft

EIS phase (Phase II).

The PDEIS will be provided to the City for review and comment in one round of revisions before the Consultant finalizes the Draft EIS. The Consultant will review and respond to the comments, either incorporating them into the document or explaining why the comment did not result in a change. Upon resolution the Draft EIS will be finalized as a PDF document and provided to the City for publication. Deliverable: Initial DEIS and final Draft EIS Draft and final Notice of DEIS Availability Suitable for City Publication and Legal Notices and

Distribution Task 120.14: Community Engagement – Draft EIS / Alternatives The Consultant will provide presentation material and support as required for the EIS Scoping public meeting. The Consultant will prepare graphic, content and presentation materials, and be prepared to assist the City staff for up to one (1) Public Meetings. The consultant will produce materials for events (informational handouts/fact sheets, display board and maps) in coordination with the City. The City and Consultant will jointly staff outreach events. The consultant assumes that City staff will provide written responses to all public inquiries and/or other agencies. Deliverable:


Display boards and/or maps (up to 4 total) Online input and responses (up to 30) Event Summary Reports

Public Review of Draft EIS The Draft EIS will be published for a minimum thirty (30) day public comment period. The Consultant will prepare a draft Notice of Availability for the City’s review. The City will distribute the notice availability and/or the Draft EIS per state and local requirements, pursuant to WAC 197-11-455, to its established

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SEPA distribution list and others who may have requested the document during scoping. The City will be responsible for reproduction and distribution of the Draft EIS. This scope assumes that one of the project public meetings will be during the public comment period for the Draft EIS and this forum can be used as an additional method to obtain public comments. The Consultant will provide a method for written comments to be collected by the City and will provide technical staff to attend to provide information and respond to questions on the Draft EIS. The City will be responsible for reviewing the written comments submitted to the City on the Draft EIS. The City will provide the Consultant with a complete electronic record of all comments received. The scope and costs for the EIS assume that a maximum of thirty (30) distinct individual substantive comments will need to be reviewed and require responses. In addition, the scope assumes that no new analysis or alternatives will be required as a result of the EIS comments. The Consultant will review and evaluate the comments and provide the City with a summary matrix of substantive comments and proposed method of response. The matrix will be reviewed in a meeting with the City. Deliverable:


Summary Matrix of Substantive Comments and Method of Response PHAES 130: FINAL PLAN / EIS-PAO / APPROVAL PROCESS Task 130.15: Final Environmental Impact Statement (Final EIS) / Planned Action Ordinance (PAO) Subtask 130.15.1: Final Environmental Impact Statement (Final EIS) Following receipt of the comments on the Draft EIS, WAC 197-11-560 specifies that a Final EIS shall consider the public and agency comments on the Draft EIS. Items included in this task include: Coordinate with the City to receive copies of all comment letters and e-mails received regarding

the Draft EIS during the Draft EIS public comment period. Review all comments, as well as the Draft EIS public hearing testimony to Identify substantive comments that require responses.

Schedule and participate in a zoom meeting involving the City, GGLO team, and other members of the project team to:

o confirm all substantive comments that require a response; and o confirm whether any comments require additional analyses.

Distribute comment letters with identified comments to applicable consultant team members and assign responsibilities for preparation of responses to specific comments (written comments and testimony).

Prepare responses to comments assigned to EA. Internally review and edit all comment responses (and analyses) prepared by members of the

project team. Incorporate responses into the format of a preliminary Final EIS and internally edit that document. Submit copies of the preliminary Final EIS to the City for review. Revise the Preliminary Final EIS based on comments from the City; submit the Updated

Preliminary to the City (a total of two rounds of review assumed). Coordinate production of the Final EIS for issuance. Attend up to 4 zoom conference calls throughout the Final EIS phase.

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The Scope of Work for the Final EIS may not be fully estimated until completion of the Draft EIS and review of the agency and public comments on the Draft EIS has been completed. A final, separate Scope of Work for the Final EIS will be re-evaluated after results of the public comments have been received on the Draft EIS. If additional analysis is required a separate scope and fee can be provided. Once complete, a draft Final EIS would be provided to the City for one round of review and the Consultant would incorporate comments into a Final EIS. The Final EIS would be provided to the City in a PDF format. No action can be taken on the plan, PAO or any other permits until 7 days following completion of the Final EIS. Deliverable: Draft Final and Final EIS in digital PDF format

Subtask 130.15.2: Planned Action Ordinance A Planned Action is implemented through a planned action ordinance (PAO) adopted by the City Council. A draft PAO will be developed to accompany the subarea plan as it is considered for recommendation and adoption by the Planning Commission and City Council. The PAO will be consistent with RCW 43.21C.031, WAC 109-11-164-172 and VMC 20/790.530. The planned action will include maximum development thresholds (units or square feet) for the subareas, allowed land uses, mitigation measures and other criteria that must be met for a project proposed within the subarea to quality as a planned action and not require a formal SEPA threshold determination. Future projects that are consistent with PAO requirements can be determined by the City as a Planned Action and no further SEPA compliance may be required. The Consultant will provide assistance to the City to prepare a project level draft and final PAO. The PAO is anticipated to include the subarea plan development thresholds such as maximum development threshold (units or square feet) for various proposed uses in the subarea, allowed land uses, mitigation measures and other applicable criteria. The ordinance will be prepared consistent with the requirements of WAC 197-11-168 and will include: Purpose Findings Procedure and Criteria for evaluating projects as planned actions Other standard ordinance sections. Required mitigation measures and development thresholds will be included in an appendix to the

ordinance and will be based on the subarea plan and FEIS. The City will lead the adoption of the PAO by the City Council. The Consultant will provide support for staff during the legislative adoption process. Deliverable:

Draft - Final PAO outline memo and comments in digital PDF format (assume 10 labor hours) Task 130.16: Final Sub Area Plan Based on input received from the City project team, work sessions, and required content edits from the City, the Consultant will provide a Draft-Final Subarea Plan document to the City. The Subarea Plan

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document will be provided in digital PDF format for City review and use. The City will be responsible for providing all comments in writing and submittal to the Planning Commission and City Council as part of the plan approval process. Deliverable:

Draft - Final Subarea Plan in digital PDF format. Task 130.17: Final Reporting / Planned Action Ordinance Adoption Upon final approval / adoption of the POSP, Environmental Impact Statement (EIS) and Planned Action Ordinance (PAO), the Consultant will consolidate all project files and forward that material to the City as required. A final project close-out will occur once the City has received all applicable information. The consultant will attend up to one (1) meeting as part of the final approval process and be available as required to respond to questions from the City. Deliverable:

Final Report Delivery (Electronic PDF files)

Project Assumptions The subarea will be completed at a neighborhood scale conceptual level with massing only as

required for the EIS and will not include detailed site design. All internal project meetings will be via conference call or will be held at GGLO’s downtown

Seattle office. City of Port Orchard EIS comments will primarily be provided as direct edits, with no new analysis

or alternatives required. The City of Port Orchard will distribute all public notices, the Draft EIS and the Final EIS. EIS Issuance - EA Engineering will produce a limited number of CDs (approximately 25) and

hardcopies (approximately 10) of the Draft EIS for the City. We will also prepare pdf files of the document to be placed on the City’s website (this is the primary way the document will be made available to the public).

The tasks noted below have not been completed and are NOT a part of this Scope of Work. Site Boundary / Topographic Survey Data* Additional coordination with agencies other than PSRC Additional Public Outreach (beyond this Scope of Services) Additional meetings other than those specifically included in Basic Services. Additional design, engineering or other studies/analyses Study Models or Presentation Models. Rendered/Colored Perspectives and 3-D modeling, other than what is identified. Marketing Information such as brochures, exhibits, etc. Landscape Design Constructability Consultant / Value Engineering Exercise Detailed site design or Final design Engineering/design for site development Other items not currently identified/anticipated in this proposal.

* Topographic survey to include mapping of the site study area, all utilities, above ground utility structures, existing building foot prints, street improvements, edge of all hard and pervious surfaces, public water,

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storm and sanitary sewer structures with pipe invert elevations, existing vegetation, trees and larger drop line radius of trees. All surfaces will be mapped on an approximate 50-foot grid or less including sufficient break lines to allow for an accurate 1-foot contour interval. Included Meetings (in-person)

1. PSRC Meeting (at PSRC) 2. Project Leadership – Workshop / Team Kick-off (at GGLO) 3. Stakeholder Outreach (up to 2 meetings, one trip to Port Orchard) 4. Public Engagement – Kick-off (at City of Port Orchard) 5. Public Engagement – EIS Scoping (at City of Port Orchard) 6. Project Leadership – Alternatives (at GGLO) 7. Public Engagement – EIS Alternatives (at City of Port Orchard) 8. Public Adoption Meeting (at City of Port Orchard)

Meeting Notes: All other meetings / check-ins will be video conference calls via zoom. GGLO will attend all meetings. EA will attend meetings #: 2,4,5,6,7,8 Heartland will attend meetings #: 2

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Exhibit C: Fee Table Port Orchard Subarea Plan and Planned Action EIS (POSP)Port Orchard, WA 1/9/2019

TEAM MEMBER TASK

TOTAL

TERMS LABOR

GGLO Hourly Estimate $18,000 $16,000 $36,500 $15,000 $85,500

EA* - Environmental Hourly Estimate $0 $0 $55,550 $12,650

Heartland* - Real Estate Advisory Hourly Estimate $19,800 $0 $0 $0

37,800$ 16,000$ 92,050$ 27,650$ 173,500$

Engineering / Infrastructure / Transportation

TSI* - Transportation Hourly Estimate $0 $0 $9,405 $0

Reid Middelton* - Storm Water Hourly Estimate $0 $0 $8,800 $0

BHC* - Water / Sanitary Hourly Estimate $0 $0 $13,640 $0

-$ -$ 31,845$ -$ 31,845$

**Estimated Reimbursable Expenses

Project Team Estimate -$ 500$ 500$ 500$ 1,500$

TOTAL 37,800$ 16,500$ 124,395$ 28,150$ 206,845$

*Consultant fees included GGLO 10% administration fee

Subtotal

$19,800

TASK 100

SUBAREA PLAN

KICK-OFF / ANALYSIS

TASK 110

INITIAL VISIONING

TASK 120

DESIGN & EXPLORATION /

EIS PHASE 1 &2

TASK 130

FINAL EIS-PAO / PLAN

APPROVAL

$68,200

**Reimbursable expenses - are charged in addition to compensation for Professional Services and include printing and reproduction; postage, delivery charges; transportation, parking; and automobile use. Unless agreed otherwise,

reimbursable expenses shall be billed at a multiple of one and one-tenth (1.10) times the expenses incurred by GGLO.

$9,405

$8,800

$13,640

Subtotal

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EXHIBIT C.2

Terms of Agreement – Biling Rates Date of Agreement: 01/09/2019 Project: Port Orchard Subarea Plan and Planned Action EIS (POSP) Project No.: 2019099.01

I. COMPENSATION Compensation for Professional Services is billed on an hourly basis up to an agreed upon not to exceed. Compensation for Supplemental Services shall be billed on an hourly basis according to the billing rate schedule below, or as agreed to prior to the commencement of the services.

II. GGLO - 2020 HOURLY BILLING RATES Principal III

$290 Principal II $255

Principal I $220

Senior Architect III $200 Senior Architect II $190

Senior Architect I $180

Architect II $155

Architect I $145

Designer II $125 Designer I $115 Senior Landscape Architect III $180 Senior Landscape Architect II $170 Senior Landscape Architect I $160 Landscape Architect II $150 Landscape Architect I $135 Landscape Designer II $125 Landscape Designer I $115 Senior Urban Designer III $200 Senior Urban Designer II $190 Senior Urban Desiger I $180 Urban Designer IV $155 Urban Designer III $145 Urban Designer II $125 Admin. – Manager $180 Administrative Staff $130

The rates and multiples set forth above may be adjusted as required by GGLO compensation practices.

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mptacek

Text Box

BILLLING RATES & TERMS

III. SUBCONSULTANTS The costs of subconsultants for engineering, model construction, artist’s renderings, etc., when required and authorized by the Owner, shall be billed at a multiple of one and one-tenth (1.10) times the expense incurred by GGLO.

IV. REIMBURSABLE EXPENSES Reimbursable expenses are charged in addition to compensation for Professional Services and include printing and reproduction; long distance telephone charges; postage, delivery charges; transportation, air travel, parking; and automobile use. Unless agreed otherwise, reimbursable expenses shall be billed at a multiple of one and one-tenth (1.10) times the expenses incurred by GGLO.

V. INVOICING AND PAYMENTS Invoices shall be submitted monthly for services and reimbursable expenses incurred during the preceding month. Services shall be billed on an hourly basis. Payments are due and payable upon receipt of the invoice by the Owner. Failure of the Owner to notify GGLO in writing of any disputes with the amount of any monthly invoices, within thirty (30) days of receipt by the Owner, shall be considered acceptance of those invoices for payment under this agreement.

Amounts unpaid thirty (30) days after the date of the invoice shall bear interest at the rate of one and one-half percent (1-1/2%) per month, or the maximum amount allowed by law, whichever is less. In addition, GGLO may, after giving written notice to the Owner, suspend services until all amounts due are paid in full, and the Owner shall indemnify, defend and pay any claims and expenses incurred by GGLO resulting from such work stoppage and expenses from collection of amounts past due.

VI. OTHER CONDITIONS See City of Port Orchard Professional Services Agreement.

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January 3, 2019

EA Engineering, Science, and Technology, Inc., PBC. 2020 Billing Rates

T. McCann QC Review (Planner VI) 240

R. Schipanski Project Director (Planner VI) 225

G. Brunner Project Manager (Planner V) 195

M. Sarlitto Project Manager (Planner V) 160

J. Ding Planner (Planner IV) 135

K. Hollinger Planner (Planner IV) 135

H. Dennis Planner (Planner I) 80

Other Rates

Auto mileage, per mile $0.58

In-house photo copies, per page $0.15

Handling charge on subcontractors and expenses 10%

Rates are good through December 2020.

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CONSULTING FEES AND REIMBURSEMENT SCHEDULE

Effective January 1, 2019

HOURLY BILLING RATES:

James Reinhardsen $470

John Shaw $410

Matt Anderson $350

Chris Fiori $280

Doug Larson $280

Deva Hasson $280

David Armitage $260

Erica Buckley $250

Lee Striar $230

Mark Goodman $220

Lanzi Li $210

Ben Wharton $210

Spencer Esau $180

Evan Schneider $180

Jenny Score $160

Tyson Heriot $140

Stephen Russell $100

Graduate Intern $90

Research Assistant/Graphic Assistant $50 (Note: General office overhead and general clerical work are incorporated in these hourly rates)

REIMBURSABLE COSTS:

Copies - color 11 x 17 $1.50 each

Copies - color 8-1/2 x 11 $.75 each

Copies of large format originals - all types Cost

Mileage $.58/mile

Parking and tolls Cost

Postage and delivery Cost

Out- of-house productions Cost

Large format prints $8.50/sf

Mounting on presentation board $3.75/sf

Travel - airfare, car rental, lodging and meals Cost plus 2%

RATES ARE SUBJECT TO ANNUAL INCREASES

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Transportation Solutions, Inc.

2019

HOURLY BILLING RATES

Name Title Hourly Labor

Billing Rate

Victor L. Salemann Principal $235.00

Jeff S. Elekes Director $215.00

David D. Markley Principal $235.00

Andrew L. Bratlien Sr. Tr. Engineer $168.50

Michelle L. Mach Sr. Tr. Engineer $168.50

Jeffrey P.K. Hee Sr. Tr. Engineer $168.50

Mary Ann Olson Engineer IV $145.00

Akmal Siddiqui ADA Services Specialist $145.00

Phil McDonald Sr. Engineering Tech $120.00

Jennifer Salemann Planner I $98.00

Jill Berberich Project Administrator $115.00

Staff Engineering Technician $ 60-95

EXPENSES

Reimbursable Expenses Direct Cost no

Markup

Sub-consultant invoices Direct Cost no

Markup

Billing rates are subject to change.

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H:\FORMS\EXHIBITS\2019-A.docx

Reid Middleton, Inc. Exhibit "A" Schedule of Charges

Effective July 1, 2019 through June 30, 2020

I. Personnel Hourly Rate Principal ...................................................................................................................... $ 205.00 - $ 260.00 Principal Engineer/Principal Planner/Principal Surveyor ........................................... $ 205.00 - $ 250.00 Senior Engineer/Senior Planner/Senior Surveyor ....................................................... $ 180.00 - $ 205.00 Project Engineer/Project Designer/Project Surveyor/Project Planner ......................... $ 140.00 - $ 175.00 Design Engineer/Designer II/Design Technician/Survey Crew Chief/ Technical Writer II/ Graphic Designer II ................................................................. $ 115.00 - $ 140.00 Designer I/Planner/CAD Technician II ....................................................................... $ 105.00 - $ 125.00 Project Administrator ................................................................................................. $ 100.00 - $ 120.00 CAD Technician I/Survey Technician/Technician/Technical Writer I ...................... $ 90.00 - $ 110.00 Survey Crew (1 Person/RTK/Robotic/Scanning) ........................................................ $ 135.00 Survey Crew (2 Person/RTK/Robotic/Scanning) ........................................................ $ 185.00 Survey Crew (3 Person/ RTK/Robotic/Scanning)…………………………………… $ 235.00 Expert Witness/Forensic Engineering ......................... 1.5 times usual hourly rate (4 hour minimum) Individuals not in the regular employ of Reid Middleton may occasionally be engaged to meet specific

project requirements. Charges for such personnel will be comparable to charges for regular Reid Middleton personnel.

A premium may be charged if project requirements make overtime work necessary.

II. Equipment Rate Design Software/Computer Aided Drafting ............................................................... $ 12.00/hour III. Reimbursable Expenses Local Mileage - Automobile ....................................................................................... $ 0.58/mile Local Mileage - Survey Truck .................................................................................... $ 0.65/mile Expenses that are directly attributable to the project are invoiced at cost plus 15%. These expenses

include, but are not limited to, subconsultant or subcontractor services, travel and subsistence, communications, couriers, postage, fees and permits, document reproduction, special instrumentation and field equipment rental, premiums for additional insurance where required, special supplies, and other costs directly applicable to the project.

A new schedule of charges is issued and becomes effective July 1 each year. Charges for all work,

including continuing projects initiated in prior years, will be based on the latest schedule of charges. IV. Client Advances

Unless the parties agree otherwise in writing, charges for the following items shall be paid by the client directly, shall not be the responsibility of Reid Middleton, and shall be in addition to any fee stipulated in the agreement: government fees, including permit and review fees; soils testing fees and costs; charges for aerial photography; and charges for monuments. If Reid Middleton determines, in its discretion, to advance any of these costs in the interest of the project, the amount of the advance, plus a fifteen percent administrative fee, shall be paid by the client upon presentation of an invoice therefore.

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2020 Schedule of Charges

Billing Title Hourly Billing Rates

Principal Engineer $245 - $286

Senior Structural Engineer $230 - $255

Senior Electrical Engineer $225 - $255

Senior Project Manager $220 - $245

Senior Engineer $180 - $275

Project Engineer $135 - $200

Staff Engineer $120 - $160

Planning Manager $165 - $220

Senior Planner $150 - $165

Planner $100 - $125

GIS Specialist* $120 - $130

Field Inspector & Building Inspectors* $120 - $170

Building Code Compliance Review $100 - $250

CAD Manager* $160 - $180

Draftsperson* $110 - $140

Project Administrator* $110 - $135

Project Assistant/Word Processor* $110 - $120

Professional Reimbursement: The hourly billing rates include the cost of salaries of the BHC employees, plus paid sick and safe leave, vacation, holiday, other fringe benefits, indirect overhead and fee. All employees classified as “non-exempt” (billing category denoted with *) by the U.S. Department of Labor will be compensated at 1-1/2 times salary for overtime hours, as per State and Federal wage and hour laws. Billing rates will be calculated accordingly for these overtime hours. Communication Fee: Project Labor times 3.0% which includes telecommunications, faxes, standard U.S. Mail, mobile phones, and internet access. Direct Expenses:

Reimbursement for direct expenses incurred in connection with the work, will be at cost plus ten percent. See Schedule of Non-Labor Charges for detail. The foregoing Schedule of Charges is incorporated into the agreement for the services provided, effective January 1, 2020 through December 31, 2020, and will be adjusted thereafter.

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City of Port Orchard Downtown Subarea Plan and Planned Action EIS Exhibit D - Conceptul Project Schedule

Project Timeline Month

Phase Task Timeline 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4 1 2 3 4

- Notice to Proceed Contract Approval

1 Project Kick-off / Logistics / Management

2 PSRC Meeting

3 Data Collection / Base Mapping

4 Market Economic Analysis

5 Leadership Workshop

6 Neighborhood / Stakeholder Meetings

7 Public Engagement - Initial

8 Analysis & Visioning Summary

9 Draft Subarea Plan Strategies

10 EIS Initiation / Preliminary Draft EIS

11 Public Engagement - EIS Scoping

12 Infrastructure Reports and analysis

13 Draft EIS

14 Public Engagement - Draft EIS / Alternatives

15 Final EIS / PAO

16 Final Sub Area Plan

17 Final Reporting / PAO Adoption

Holiday Nick Out Holiday Holiday Holiday Holiday Holiday

Schedule Key:

Team Leaderhsip Meeting

Leadership / Steakholder Meeting (at GGLO)

Public Meeting

Ta

sk 1

00

Kic

k-o

ff /

An

lysi

s

1/9/2020

DEC

Ta

sk 1

10

Vis

ion

ing

Ta

sk 1

20

De

sig

n

Alt

ern

ati

ve

s

an

d E

xp

lora

tio

n

Ta

sk 1

30

Dra

ft-F

ina

l

Pla

n

1 12

NOV

7 8

JUN JUL SEP OCT

13 14

DEC JAN

9 10 11

AUGJAN FEB MAR APR MAY

2 3 4 5 6

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Agenda Staff Report

Agenda Item No. Business Item 7C Meeting Date: January 14, 2020

Subject Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with Coastal Custodial for Public Works Director Janitorial Services Atty Routing No: N/A Atty Review Date: N/A

Summary: On November 22 and November 29, 2019 the Public Works Department published a Request for Proposal (RFP) for Janitorial Services for city facilities. By the December 6, 2019 deadline, four (4) Proposals were received from the following firms; ABM Industry Groups, LLC Coastal Custodial SMS Cleaning, Inc Stratus Building Solutions Upon staff review, scoring, and ranking of the Proposals, with selection based upon both qualification and fee, Coastal Custodial was selected as the most qualified firm. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends adoption of Resolution No. 002-20, thereby approving an Ordinary Maintenance Agreement - Contract No. C018-20 with Coastal Custodial for the 2020 Janitorial Services of City facilities. Motion for Consideration: I move to adopt Resolution No. 002-20, thereby approving an Ordinary Maintenance Agreement - Contract No. C018-20 with Coastal Custodial for the 2020 Janitorial Services of City facilities. Fiscal Impact: Appropriate funds currently allocated within the approved 2019-2020 budget.

Attachments: Resolution and Ordinary Maintenance Agreement C018-20.

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C018-20 WITH COASTAL CUSTODIAL FOR JANITORIAL SERVICES FOR CITY FACILITIES AND DOCUMENTING PURCHASED SERVICES PROCUREMENT PROCEDURES.

WHEREAS, on November 22 and November 29, 2019, the City of Port Orchard Public Works Department published a Request for Proposals (RFP) for Janitorial Services for City facilities; and WHEREAS, by the December 6, 2019 deadline, the City’s Public Works Department received four (4) proposals from qualified firms; and WHEREAS, after staff reviewed, scored, and ranked of the proposals received, the City’s Public Works Department awarded the contract to the highest-ranking firm, Coastal Custodial; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore,


THAT: The Port Orchard City Council approves Contract C018-20 with Coastal Custodial for Janitorial Services and adopts the “Whereas” statements contained herein, as findings in support of the City’s consultant selection procurement procedures.


by the Clerk in authentication of such passage this 14th day of January 2020.


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Agenda Staff Report

Agenda Item No.: Business Item 7D Meeting Date: January 14, 2020

Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with GeoEngineers, Inc. for the Public Works Director 2019-2020 Bay Street Pedestrian Pathway Atty Routing No.: N/A NEPA Update Atty Review Date: N/A

Summary: In September 2019, WSDOT H&LP’s informed the City of Port Orchard that the Bay Street Pedestrian Pathway Project NEPA would need to be updated for project continuation. In order to comply with the requirements established by WSDOT (public outreach summary report and updated EJ Matrix), the City needs to hire a consultant to prepare the documentation. The City selected GeoEngineers, Inc. and they provided an updated Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Proposal in the amount not to exceed $11,674.36. Relationship to Comprehensive Plan: Chapter 8 – Transportation. Recommendation: Staff recommends adoption a Resolution, thereby approving a Contract with GeoEngineers, Inc. for the Bay Street Pedestrian Pathway Project 2019-2020 NEPA Update in the amount not to exceed $11,674.36 and documenting the Professional Services procurement procedures. Motion for Consideration: I move to adopt a Resolution, thereby approving a Contract with GeoEngineers, Inc. for the Bay Street Pedestrian Pathway Project 2019-2020 NEPA Update in the amount not to exceed $11,674.36 and documenting the Professional Services procurement procedures. Fiscal Impact: A budget amendment within the 2019 – 2020 Biennial Budget will be required.

Attachments: Resolution and LA A&E PS Cost Plus Fixed Fee Consultant Agreement (dated 12/20/2019).

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RESOLUTION NO. ______

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH GEOENGINEERS, INC. FOR THE BAY STREET PEDESTRIAN PATHWAY PROJECT NEPA UPDATE.

WHEREAS, in September 2019, WSDOT H&LP’s informed the City of Port Orchard that the Bay Street Pedestrian Pathway Project NEPA would need to be updated; and WHEREAS, the City of Port Orchard staff reviewed the Consultant Roster and selected GeoEngineers as the most qualified firm; and WHEREAS, on December 20, 2019, GeoEngineers, Inc. provided the City with an updated Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement for the Bay Street Pedestrian Pathway Project – NEPA Update for submittal to WSDOT H&LP’s; and WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; now, therefore,


THAT: The Port Orchard City Council approves a Contract with GeoEngineers, Inc. for the Bay Street Pedestrian Pathway Project NEPA Update and adopts the “Whereas” statements contained herein.


by the Clerk in authentication of such passage this 14th day of January 2020. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, MMC, City Clerk

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Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement Page 1 of 14 Revised 3/11/2016

Local Agency A&E Professional Services Cost Plus Fixed Fee Consultant Agreement

Agreement Number:

Firm/Organization Legal Name (do not use dba’s):

Address Federal Aid Number

UBI Number Federal TIN or SSN Number

Execution Date Completion Date

1099 Form Required

Yes No

Federal Participation

Yes NoProject Title

Description of Work

Yes No DBE Participation Yes No MBE Participation Yes No WBE Participation Yes No SBE Participation

Total Amount Authorized:

Management Reserve Fund:

Maximum Amount Payable:

Index of ExhibitsExhibit A Scope of Work Exhibit B DBE Participation Exhibit C Preparation and Delivery of Electronic Engineering and Other Data Exhibit D Prime Consultant Cost Computations Exhibit E Sub-consultant Cost Computations Exhibit F Title VI Assurances Exhibit G Certification Documents Exhibit H Liability Insurance Increase Exhibit I Alleged Consultant Design Error Procedures Exhibit J Consultant Claim Procedures

Agreement Number: of 208


THIS AGREEMENT, made and entered into as shown in the “Execution Date” box on page one (1) of this AGREEMENT, between the , hereinafter called the “AGENCY,” and the “Firm / Organization Name” referenced on page one (1) of this AGREEMENT, hereinafter called the “CONSULTANT.”

WHEREAS, the AGENCY desires to accomplish the work referenced in “Description of Work” on page one (1) of this AGREEMENT and hereafter called the “SERVICES;” and does not have sufficient staff to meet the required commitment and therefore deems it advisable and desirable to engage the assistance of a CONSULTANT to provide the necessary SERVICES; and

WHEREAS, the CONSULTANT represents that they comply with the Washington State Statutes relating to professional registration, if applicable, and has signified a willingness to furnish consulting services to the AGENCY.

NOW, THEREFORE, in consideration of the terms, conditions, covenants, and performance contained herein, or attached and incorporated and made a part hereof, the parties hereto agree as follows:

I. General Description of WorkThe work under this AGREEMENT shall consist of the above-described SERVICES as herein defined, and necessary to accomplish the completed work for this project. The CONSULTANT shall furnish all services, labor, and related equipment and, if applicable, sub-consultants and subcontractors necessary to conduct and complete the SERVICES as designated elsewhere in this AGREEMENT.

II. General Scope of WorkThe Scope of Work and projected level of effort required for these SERVICES is described in Exhibit “A” attached hereto and by this reference made a part of this AGREEMENT. The General Scope of Work was developed utilizing performance based contracting methodologies.

III. General RequirementsAll aspects of coordination of the work of this AGREEMENT with outside agencies, groups, or individuals shall receive advance approval by the AGENCY. Necessary contacts and meetings with agencies, groups, and/or individuals shall be coordinated through the AGENCY. The CONSULTANT shall attend coordination, progress, and presentation meetings with the AGENCY and/or such State, Federal, Community, City, or County officials, groups or individuals as may be requested by the AGENCY. The AGENCY will provide the CONSULTANT sufficient notice prior to meetings requiring CONSULTANT participation. The minimum required hours or days’ notice shall be agreed to between the AGENCY and the CONSULTANT and shown in Exhibit “A.”

The CONSULTANT shall prepare a monthly progress report, in a form approved by the AGENCY, which will outline in written and graphical form the various phases and the order of performance of the SERVICES in sufficient detail so that the progress of the SERVICES can easily be evaluated.

The CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations, and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.



Participation for Disadvantaged Business Enterprises (DBE) or Small Business Enterprises (SBE), if required, per 49 CFR Part 26, shall be shown on the heading of this AGREEMENT. If DBE firms are utilized at the commencement of this AGREEMENT, the amounts authorized to each firm and their certification number will be shown on Exhibit “B” attached hereto and by this reference made part of this AGREEMENT. If the Prime CONSULTANT is a DBE certified firm they must comply with the Commercial Useful Function (CUF) regulation outlined in the AGENCY’s “DBE Program Participation Plan” and perform a minimum of 30% of the total amount of this AGREEMENT. It is recommended, but not required, that non-DBE Prime CONSULTANTS perform a minimum of 30% of the total amount of this AGREEMENT.

The CONSULTANT, on a monthly basis, is required to submit DBE Participation of the amounts paid to all DBE firms invoiced for this AGREEMENT.

All Reports, PS&E materials, and other data furnished to the CONSULTANT by the AGENCY shall be returned. All electronic files, prepared by the CONSULTANT, must meet the requirements as outlined in Exhibit “C – Preparation and Delivery of Electronic Engineering and other Data.”

All designs, drawings, specifications, documents, and other work products, including all electronic files, prepared by the CONSULTANT prior to completion or termination of this AGREEMENT are instruments of service for these SERVICES, and are the property of the AGENCY. Reuse by the AGENCY or by others, acting through or on behalf of the AGENCY of any such instruments of service, not occurring as a part of this SERVICE, shall be without liability or legal exposure to the CONSULTANT.

Any and all notices or requests required under this AGREEMENT shall be made in writing and sent to the other party by (i) certified mail, return receipt requested, or (ii) by email or facsimile, to the address set forth below:

If to AGENCY: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile:

If to CONSULTANT: Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile:

IV. Time for Beginning and CompletionThe CONSULTANT shall not begin any work under the terms of this AGREEMENT until authorized in writing by the AGENCY. All work under this AGREEMENT shall be completed by the date shown in the heading of this AGREEMENT titled “Completion Date.”

The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the AGENCY in the event of a delay attributable to the AGENCY, or because of unavoidable delays caused by an act of GOD, governmental actions, or other conditions beyond the control of the CONSULTANT. A prior supplemental AGREEMENT issued by the AGENCY is required to extend the established completion time.



V. Payment ProvisionsThe CONSULTANT shall be paid by the AGENCY for completed SERVICES rendered under this AGREEMENT as provided hereinafter. Such payment shall be full compensation for SERVICES performed or SERVICES rendered and for all labor, materials, supplies, equipment, and incidentals necessary to complete SERVICES, specified in Section II, “Scope of Work”. The CONSULTANT shall conform to all applicable portions of 48 CFR Part 31 (www.ecfr.gov). The estimate in support of the Cost Plus Fixed Fee amount is attached hereto as Exhibits “D” and “E” and by this reference made part of this AGREEMENT.

A. Actual Costs: Payment for all consulting services for this PROJECT shall be on the basis of theCONSULTANT’S actual cost plus a fixed fee. The actual cost shall include direct salary cost, indirect cost rate,and direct non-salary costs.

1. Direct (RAW) Labor Costs: The Direct (RAW) Labor Cost is the direct salary paid to principals,professional, technical, and clerical personnel for the time they are productively engaged in work necessaryto fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify thedirect salary costs billed to the AGENCY.

2. Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included assuch on the books of the CONSULTANT in the normal everyday keeping of its books. Progress paymentsshall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. TotalICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANTthe actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under thisAGREEMENT, when accumulated with all other Actual Costs.

A summary of the CONSULTANT’S cost estimate and the ICR percentage is shown in Exhibits “D” and“E”, attached hereto and by this reference made part of this AGREEMENT. The CONSULTANT (primeand all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscalyear, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) forthe purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by theICR schedule. It shall also be used for the computation of progress payments during the following year andfor retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will besent to Email: [email protected].

Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shallcause the AGENCY to withhold payment of the billed ICR costs until such time as the required informationis received and an overhead rate for billing purposes is approved.

The AGENCY’s Project Manager and/or the Federal Government may perform an audit of theCONSULTANT’S books and records at any time during regular business hours to determine the actual ICRrate, if they so desire.

3. Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to theCONSULTANT. These charges may include, but are not limited to, the following items: travel, printing,long distance telephone, supplies, computer charges and fees of sub-consultants. Air or train travel will bereimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANTshall comply with the rules and regulations regarding travel costs (excluding air, train, and rental car costs)in accordance with WSDOT’s Accounting Manual M 13-82, Chapter 10 – Travel Rules and Procedures, andrevisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of FederalRegulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include anitemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintainthe original supporting documents in their office. Copies of the original supporting documents shall besupplied to the AGENCY upon request. All above charges must be necessary for the services providedunder this AGREEMENT.


www.ecfr.gov

mailto:ConsultantRates%40wsdot.wa.gov?subject=


4. Fixed Fee: The Fixed Fee, which represents the CONSULTANT’S profit, is shown in attached Exhibits “D”and “E” of this AGREEMENT. This fee is based on the Scope of Work defined in this AGREEMENT andthe estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANTenters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT mayinclude provisions for the added costs and an appropriate additional fee. The Fixed Fee will be proratedand paid monthly in proportion to the percentage of work completed by the CONSULTANT and reportedin the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but notpreviously paid in the progress payments will be covered in the final payment, subject to the provisions ofSection IX entitled “Termination of Agreement.”

5. Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the AgreementAdministrator with the flexibility to authorize additional funds to the AGREEMENT for allowableunforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined inthis AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount includedfor the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Anychanges requiring additional costs in excess of the MRF shall be made in accordance with Section XIII,“Extra Work.”

6. Maximum Total Amount Payable: The Maximum Total Amount Payable by the AGENCY to theCONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of thisAGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, andthe MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated inSection XIII, “Extra Work.” No minimum amount payable is guaranteed under this AGREEMENT.

B. Monthly Progress Payments: The CONSULTANT may submit billings to the AGENCY for reimbursement ofActual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billingsshall be in a format approved by the AGENCY and accompanied by the monthly progress reports required underSection III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemizedlisting for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which willbe added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs forCONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist ofrecording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing workon the PROJECT at the time of the interview.

C. Final Payment: Final Payment of any balance due the CONSULTANT of the gross amount earned will be madepromptly upon its verification by the AGENCY after the completion of the work under this AGREEMENT,contingent, if applicable, upon receipt of all PS&E, plans, maps, notes, reports, electronic data and other relateddocuments which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment bythe CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may haveagainst the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY bythe CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims thatthe AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respectto such claims.

The payment of any billing will not constitute agreement as to the appropriateness of any item and at the timeof final audit; all required adjustments will be made and reflected in a final payment. In the event that suchfinal audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment tothe AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitutea waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY ofoverpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT tobegin the appeal process to the AGENCY for audit findings.



D. Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspectionby representatives of the AGENCY and the United States, for a period of six (6) years after receipt of finalpayment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing uponthese records with the following exception: if any litigation, claim or audit arising out of, in connection with,or related to this AGREEMENT is initiated before the expiration of the six (6) year period, the cost records andaccounts shall be retained until such litigation, claim, or audit involving the records is completed.

An interim or post audit may be performed on this AGREEMENT. The audit, if any, will be performed by theState Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.

VI. Sub-ContractingThe AGENCY permits subcontracts for those items of SERVICES as shown in Exhibit “A” attached hereto and by this reference made part of this AGREEMENT.

The CONSULTANT shall not subcontract for the performance of any SERVICE under this AGREEMENT without prior written permission of the AGENCY. No permission for subcontracting shall create, between the AGENCY and sub-consultant, any contract or any other relationship.

Compensation for this sub-consultant SERVICES shall be based on the cost factors shown on Exhibit “E” attached hereto and by this reference made part of this AGREEMENT.

The SERVICES of the sub-consultant shall not exceed its maximum amount payable identified in each sub-consultant cost estimate unless a prior written approval has been issued by the AGENCY.

All reimbursable direct labor, indirect cost rate, direct non-salary costs and fixed fee costs for the sub-consultant shall be negotiated and substantiated in accordance with section V “Payment Provisions” herein and shall be memorialized in a final written acknowledgement between the parties.

All subcontracts shall contain all applicable provisions of this AGREEMENT, and the CONSULTANT shall require each sub-consultant or subcontractor, of any tier, to abide by the terms and conditions of this AGREEMENT. With respect to sub-consultant payment, the CONSULTANT shall comply with all applicable sections of the STATE’s Prompt Payment laws as set forth in RCW 39.04.250 and RCW 39.76.011.

The CONSULTANT, sub-recipient, or sub-consultant shall not discriminate on the basis of race, color, national origin, or sex in the performance of this AGREEMENT. The CONSULTANT shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the CONSULTANT to carry out these requirements is a material breach of this AGREEMENT, which may result in the termination of this AGREEMENT or such other remedy as the recipient deems appropriate.

VII. Employment and Organizational Conflict of InterestThe CONSULTANT warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT, to solicit or secure this contract, and that it 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, gift, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the AGENCY shall have the right to annul this AGREEMENT without liability or, in its discretion, to deduct from this AGREEMENT price or consideration or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.

Any and all employees of the CONSULTANT or other persons while engaged in the performance of any work or services required of the CONSULTANT under this AGREEMENT, shall be considered employees of the CONSULTANT only and not of the AGENCY, and any and all claims that may arise under any Workmen’s



Compensation Act on behalf of said employees or other persons while so engaged, and any and all claims made by a third party as a consequence of any act or omission on the part of the CONSULTANT’s employees or other persons while so engaged on any of the work or services provided to be rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.

The CONSULTANT shall not engage, on a full- or part-time basis, or other basis, during the period of this AGREEMENT, any professional or technical personnel who are, or have been, at any time during the period of this AGREEMENT, in the employ of the United States Department of Transportation or the AGENCY, except regularly retired employees, without written consent of the public employer of such person if he/she will be working on this AGREEMENT for the CONSULTANT.

VIII. NondiscriminationDuring the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, sub-consultants, subcontractors and successors in interest, agrees to comply with the following laws and regulations:• Title VI of the Civil Rights Act of 1964

(42 U.S.C. Chapter 21 Subchapter V § 2000d through 2000d-4a)

• Federal-aid Highway Act of 1973 (23 U.S.C. Chapter 3 § 324)

• Rehabilitation Act of 1973 (29 U.S.C. Chapter 16 Subchapter V § 794)

• Age Discrimination Act of 1975 (42 U.S.C. Chapter 76 § 6101 et. seq.)

• Civil Rights Restoration Act of 1987 (Public Law 100-259)

• American with Disabilities Act of 1990 (42 U.S.C. Chapter 126 § 12101 et. seq.)

• 23 CFR Part 200• 49 CFR Part 21• 49 CFR Part 26• RCW 49.60.180

In relation to Title VI of the Civil Rights Act of 1964, the CONSULTANT is bound by the provisions of Exhibit “F” attached hereto and by this reference made part of this AGREEMENT, and shall include the attached Exhibit “F” in every sub-contract, including procurement of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto.

IX. Termination of AgreementThe right is reserved by the AGENCY to terminate this AGREEMENT at any time with or without cause upon ten (10) days written notice to the CONSULTANT.

In the event this AGREEMENT is terminated by the AGENCY, other than for default on the part of the CONSULTANT, a final payment shall be made to the CONSULTANT for actual hours charged and any appropriate fixed fee percentage at the time of termination of this AGREEMENT, plus any direct non-salary costs incurred up to the time of termination of this AGREEMENT.

No payment shall be made for any SERVICES completed after ten (10) days following receipt by the CONSULTANT of the notice to terminate. If the accumulated payment made to the CONSULTANT prior to Notice of Termination exceeds the total amount that would be due when computed as set forth in paragraph two (2) of this section, then no final payment shall be due and the CONSULTANT shall immediately reimburse the AGENCY for any excess paid.

If the services of the CONSULTANT are terminated by the AGENCY for default on the part of the CONSULTANT, the above formula for payment shall not apply.

In the event of a termination for default, the amount to be paid to the CONSULTANT shall be determined by the AGENCY with consideration given to the actual costs incurred by the CONSULTANT in performing SERVICES to the date of termination, the amount of SERVICES originally required which was satisfactorily completed to



date of termination, whether that SERVICE is in a form or a type which is usable to the AGENCY at the time of termination, the cost to the AGENCY of employing another firm to complete the SERVICES required and the time which may be required to do so, and other factors which affect the value to the AGENCY of the SERVICES performed at the time of termination. Under no circumstances shall payment made under this subsection exceed the amount, which would have been made using the formula set forth in paragraph two (2) of this section.

If it is determined for any reason that the CONSULTANT was not in default or that the CONSULTANT’s failure to perform is without the CONSULTANT’s or its employee’s fault or negligence, the termination shall be deemed to be a termination for the convenience of the AGENCY. In such an event, the CONSULTANT would be reimbursed for actual costs and appropriate fixed fee percentage in accordance with the termination for other than default clauses listed previously.

The CONSULTANT shall, within 15 days, notify the AGENCY in writing, in the event of the death of any member, partner, or officer of the CONSULTANT or the death or change of any of the CONSULTANT’s supervisory and/or other key personnel assigned to the project or disaffiliation of any principally involved CONSULTANT employee. The CONSULTANT shall also notify the AGENCY, in writing, in the event of the sale or transfer of 50% or more of the beneficial ownership of the CONSULTANT within 15 days of such sale or transfer occurring. The CONSULTANT shall continue to be obligated to complete the SERVICES under the terms of this AGREEMENT unless the AGENCY chooses to terminate this AGREEMENT for convenience or chooses to renegotiate any term(s) of this AGREEMENT. If termination for convenience occurs, final payment will be made to the CONSULTANT as set forth in the second and third paragraphs of this section.

Payment for any part of the SERVICES by the AGENCY shall not constitute a waiver by the AGENCY of any remedies of any type it may have against the CONSULTANT for any breach of this AGREEMENT by the CONSULTANT, or for failure of the CONSULTANT to perform SERVICES required of it by the AGENCY. Forbearance of any rights under the AGREEMENT will not constitute waiver of entitlement to exercise those rights with respect to any future act or omission by the CONSULTANT.

X. Changes of WorkThe CONSULTANT shall make such changes and revisions in the completed work of this AGREEMENT as necessary to correct errors appearing therein, without additional compensation thereof. Should the AGENCY find it desirable for its own purposes to have previously satisfactorily completed SERVICES or parts thereof changed or revised, the CONSULTANT shall make such revisions as directed by the AGENCY. This work shall be considered as Extra Work and will be paid for as herein provided under section XIII “Extra Work.”

XI. DisputesAny 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 AGENCY Engineer, whose decision in the matter shall be final and binding on the parties of this AGREEMENT; provided however, that if an action is brought challenging the Director of Public Works or AGENCY Engineer’s decision, that decision shall be subject to judicial review. If the parties to this AGREEMENT mutually agree, disputes concerning alleged design errors will be conducted under the procedures found in Exhibit “J”. In the event that either party deem it necessary to institute legal action or proceeding to enforce any right or obligation under this AGREEMENT, this action shall be initiated in the Superior Court of the State of Washington, situated in the county in which the AGENCY is located. The parties hereto 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, situated in the county in which the AGENCY is located.



XII. Legal RelationsThe CONSULTANT, any sub-consultants, and the AGENCY shall comply with all Federal, State, and local laws, rules, codes, regulations and all AGENCY policies and directives, applicable to the work to be performed under this AGREEMENT. This AGREEMENT shall be interpreted and construed in accordance with the laws of the State of Washington.

The CONSULTANT shall defend, indemnify, and hold The State of Washington (STATE) and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the negligence of, or the breach of any obligation under this AGREEMENT by, the CONSULTANT or the CONSULTANT’s agents, employees, sub consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable; provided that nothing herein shall require a CONSULTANT to defend or indemnify the STATE and the AGENCY and their officers and employees against and hold harmless the STATE and the AGENCY and their officers and employees from claims, demands or suits based solely upon the negligence of, or breach of any obligation under this AGREEMENT by the STATE and the AGENCY, their agents, officers, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the STATE and/or the AGENCY may be legally liable; and provided further that if the claims or suits are caused by or result from the concurrent negligence of (a) the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT is legally liable, and (b) the STATE and/or AGENCY, their agents, officers, employees, sub-consultants, subcontractors and or vendors, of any tier, or any other persons for whom the STATE and or AGENCY may be legally liable, the defense and indemnity obligation shall be valid and enforceable only to the extent of the CONSULTANT’s negligence or the negligence of the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable. This provision shall be included in any AGREEMENT between CONSULTANT and any sub-consultant, subcontractor and vendor, of any tier.

The CONSULTANT shall also defend, indemnify, and hold the STATE and the AGENCY and their officers and employees harmless from all claims, demands, or suits at law or equity arising in whole or in part from the alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions by the CONSULTANT or the CONSULTANT’s agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable, in performance of the Work under this AGREEMENT or arising out of any use in connection with the AGREEMENT of methods, processes, designs, information or other items furnished or communicated to STATE and/or the AGENCY, their agents, officers and employees pursuant to the AGREEMENT; provided that this indemnity shall not apply to any alleged patent or copyright infringement or other allegedly improper appropriation or use of trade secrets, patents, proprietary information, know-how, copyright rights or inventions resulting from STATE and/or AGENCY’s, their agents’, officers’ and employees’ failure to comply with specific written instructions regarding use provided to STATE and/or AGENCY, their agents, officers and employees by the CONSULTANT, its agents, employees, sub-consultants, subcontractors or vendors, of any tier, or any other persons for whom the CONSULTANT may be legally liable.

The CONSULTANT’s relation to the AGENCY shall be at all times as an independent contractor.

Notwithstanding any determination by the Executive Ethics Board or other tribunal, the AGENCY may, in its sole discretion, by written notice to the CONSULTANT terminate this AGREEMENT if it is found after due notice and examination by the AGENCY that there is a violation of the Ethics in Public Service Act, Chapter 42.52 RCW; or any similar statute involving the CONSULTANT in the procurement of, or performance under, this AGREEMENT.

The CONSULTANT specifically assumes potential liability for actions brought by the CONSULTANT’s own employees or its agents against the STATE and /or the AGENCY and, solely for the purpose of this indemnification and defense, the CONSULTANT specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated between the Parties.



Unless otherwise specified in this AGREEMENT, the AGENCY shall be responsible for administration of construction contracts, if any, on the project. Subject to the processing of a new sole source, or an acceptable supplemental AGREEMENT, the CONSULTANT shall provide On-Call assistance to the AGENCY during contract administration. By providing such assistance, the CONSULTANT shall assume no responsibility for: proper construction techniques, job site safety, or any construction contractor’s failure to perform its work in accordance with the contract documents.

The CONSULTANT shall obtain and keep in force during the terms of this AGREEMENT, or as otherwise required, the following insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW.

Insurance Coverage

A. Worker’s compensation and employer’s liability insurance as required by the STATE.

B. Commercial general liability insurance written under ISO Form CG 00 01 12 04 or its equivalent with minimum limits of one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) in the aggregate for each policy period.

C. Business auto liability insurance written under ISO Form CG 00 01 10 01 or equivalent providing coverage for any “Auto” (Symbol 1) used in an amount not less than a one million dollar ($1,000,000.00) combined single limit for each occurrence.

Excepting the Worker’s Compensation Insurance and any Professional Liability Insurance, the STATE and AGENCY, their officers, employees, and agents will be named on all policies of CONSULTANT and any sub-consultant and/or subcontractor as an additional insured (the “AIs”), with no restrictions or limitations concerning products and completed operations coverage. This coverage shall be primary coverage and non-contributory and any coverage maintained by the AIs shall be excess over, and shall not contribute with, the additional insured coverage required hereunder. The CONSULTANT’s and the sub-consultant’s and/or subcontractor’s insurer shall waive any and all rights of subrogation against the AIs. The CONSULTANT shall furnish the AGENCY with verification of insurance and endorsements required by this AGREEMENT. The AGENCY reserves the right to require complete, certified copies of all required insurance policies at any time.

All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The CONSULTANT shall submit a verification of insurance as outlined above within fourteen (14) days of the execution of this AGREEMENT to:

Name: Agency: Address: City: State: Zip: Email: Phone: Facsimile:

No cancellation of the foregoing policies shall be effective without thirty (30) days prior notice to the AGENCY.

The CONSULTANT’s professional liability to the AGENCY, including that which may arise in reference to section IX “Termination of Agreement” of this AGREEMENT, shall be limited to the accumulative amount of the authorized AGREEMENT amount or one million dollars ($1,000,000.00), whichever is greater, unless the limit of liability is increased by the AGENCY pursuant to Exhibit H. In no case shall the CONSULTANT’s professional liability to third parties be limited in any way.



The parties enter into this AGREEMENT for the sole benefit of the parties, and to the exclusion of any third party, and no third party beneficiary is intended or created by the execution of this AGREEMENT.

The AGENCY will pay no progress payments under section V “Payment Provisions” until the CONSULTANT has fully complied with this section. This remedy is not exclusive; and the AGENCY may take such other action as is available to it under other provisions of this AGREEMENT, or otherwise in law.

XIII. Extra WorkA. The AGENCY may at any time, by written order, make changes within the general scope of this AGREEMENT

in the SERVICES to be performed.

B. If any such change causes an increase or decrease in the estimated cost of, or the time required for, performance of any part of the SERVICES under this AGREEMENT, whether or not changed by the order, or otherwise affects any other terms and conditions of this AGREEMENT, the AGENCY shall make an equitable adjustment in the: (1) maximum amount payable; (2) delivery or completion schedule, or both; and (3) other affected terms and shall modify this AGREEMENT accordingly.

C. The CONSULTANT must submit any “request for equitable adjustment,” hereafter referred to as “CLAIM,” under this clause within thirty (30) days from the date of receipt of the written order. However, if the AGENCY decides that the facts justify it, the AGENCY may receive and act upon a CLAIM submitted before final payment of this AGREEMENT.

D. Failure to agree to any adjustment shall be a dispute under the section XI “Disputes” clause. However, nothing in this clause shall excuse the CONSULTANT from proceeding with the AGREEMENT as changed.

E. Notwithstanding the terms and conditions of paragraphs (A.) and (B.) above, the maximum amount payable for this AGREEMENT, shall not be increased or considered to be increased except by specific written supplement to this AGREEMENT.

XIV. Endorsement of PlansIf applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering data furnished by them.

XV. Federal ReviewThe Federal Highway Administration shall have the right to participate in the review or examination of the SERVICES in progress.

XVI. Certification of the Consultant and the AgencyAttached hereto as Exhibit “G-1(a and b)” are the Certifications of the CONSULTANT and the AGENCY, Exhibit “G-2” Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions, Exhibit “G-3” Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying and Exhibit “G-4” Certificate of Current Cost or Pricing Data. Exhibit “G-3” is required only in AGREEMENT’s over one hundred thousand dollars ($100,000.00) and Exhibit “G-4” is required only in AGREEMENT’s over five hundred thousand dollars ($500,000.00.) These Exhibits must be executed by the CONSULTANT, and submitted with the master AGREEMENT, and returned to the AGENCY at the address listed in section III “General Requirements” prior to its performance of any SERVICES under this AGREEMENT.



XVII. Complete AgreementThis document and referenced attachments contain all covenants, stipulations, and provisions agreed upon by the parties. No agent, or representative of either party has authority to make, and the parties shall not be bound by or be liable for, any statement, representation, promise or agreement not set forth herein. No changes, amendments, or modifications of the terms hereof shall be valid unless reduced to writing and signed by the parties as a supplement to this AGREEMENT.

XVIII. Execution and AcceptanceThis AGREEMENT may be simultaneously executed in several counterparts, each of which shall be deemed to be an original having identical legal effect. The CONSULTANT does hereby ratify and adopt all statements, representations, warranties, covenants, and AGREEMENT’s contained in the proposal, and the supporting material submitted by the CONSULTANT, and does hereby accept this AGREEMENT and agrees to all of the terms and conditions thereof.

XIX. Protection of Confidential InformationThe CONSULTANT acknowledges that some of the material and information that may come into its possession or knowledge in connection with this AGREEMENT or its performance may consist of information that is exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW or other local, state or federal statutes (“State’s Confidential Information”). The “State’s Confidential Information” includes, but is not limited to, names, addresses, Social Security numbers, e-mail addresses, telephone numbers, financial profiles, credit card information, driver’s license numbers, medical data, law enforcement records (or any other information identifiable to an individual), STATE and AGENCY source code or object code, STATE and AGENCY security data, non-public Specifications, STATE and AGENCY non-publicly available data, proprietary software, State security data, or information which may jeopardize any part of the project that relates to any of these types of information. The CONSULTANT agrees to hold the State’s Confidential Information in strictest confidence and not to make use of the State’s Confidential Information for any purpose other than the performance of this AGREEMENT, to release it only to authorized employees, sub-consultants or subcontractors requiring such information for the purposes of carrying out this AGREEMENT, and not to release, divulge, publish, transfer, sell, disclose, or otherwise make it known to any other party without the AGENCY’s express written consent or as provided by law. The CONSULTANT agrees to release such information or material only to employees, sub-consultants or subcontractors who have signed a nondisclosure AGREEMENT, the terms of which have been previously approved by the AGENCY. The CONSULTANT agrees to implement physical, electronic, and managerial safeguards to prevent unauthorized access to the State’s Confidential Information.

Immediately upon expiration or termination of this AGREEMENT, the CONSULTANT shall, at the AGENCY’s option: (i) certify to the AGENCY that the CONSULTANT has destroyed all of the State’s Confidential Information; or (ii) returned all of the State’s Confidential Information to the AGENCY; or (iii) take whatever other steps the AGENCY requires of the CONSULTANT to protect the State’s Confidential Information.

As required under Executive Order 00-03, the CONSULTANT shall maintain a log documenting the following: the State’s Confidential Information received in the performance of this AGREEMENT; the purpose(s) for which the State’s Confidential Information was received; who received, maintained and used the State’s Confidential Information; and the final disposition of the State’s Confidential Information. The CONSULTANT’s records shall be subject to inspection, review, or audit upon reasonable notice from the AGENCY.

The AGENCY reserves the right to monitor, audit, or investigate the use of the State’s Confidential Information collected, used, or acquired by the CONSULTANT through this AGREEMENT. The monitoring, auditing, or investigating may include, but is not limited to, salting databases.



Violation of this section by the CONSULTANT or its sub-consultants or subcontractors may result in termination of this AGREEMENT and demand for return of all State’s Confidential Information, monetary damages, or penalties.

It is understood and acknowledged that the CONSULTANT may provide the AGENCY with information which is proprietary and/or confidential during the term of this AGREEMENT. The parties agree to maintain the confidentiality of such information during the term of this AGREEMENT and afterwards. All materials containing such proprietary and/or confidential information shall be clearly identified and marked as “Confidential” and shall be returned to the disclosing party at the conclusion of the SERVICES under this AGREEMENT.

The CONSULTANT shall provide the AGENCY with a list of all information and materials it considers confidential and/or proprietary in nature: (a) at the commencement of the term of this AGREEMENT; or (b) as soon as such confidential or proprietary material is developed. “Proprietary and/or confidential information” is not meant to include any information which, at the time of its disclosure: (i) is already known to the other party; (ii) is rightfully disclosed to one of the parties by a third party that is not acting as an agent or representative for the other party; (iii) is independently developed by or for the other party; (iv) is publicly known; or (v) is generally utilized by unaffiliated third parties engaged in the same business or businesses as the CONSULTANT.

The parties also acknowledge that the AGENCY is subject to Washington State and federal public disclosure laws. As such, the AGENCY shall maintain the confidentiality of all such information marked proprietary and/or confidential or otherwise exempt, unless such disclosure is required under applicable state or federal law. If a public disclosure request is made to view materials identified as “Proprietary and/or confidential information” or otherwise exempt information, the AGENCY will notify the CONSULTANT of the request and of the date that such records will be released to the requester unless the CONSULTANT obtains a court order from a court of competent jurisdiction enjoining that disclosure. If the CONSULTANT fails to obtain the court order enjoining disclosure, the AGENCY will release the requested information on the date specified.

The CONSULTANT agrees to notify the sub-consultant of any AGENCY communication regarding disclosure that may include a sub-consultant’s proprietary and/or confidential information. The CONSULTANT notification to the sub-consultant will include the date that such records will be released by the AGENCY to the requester and state that unless the sub-consultant obtains a court order from a court of competent jurisdiction enjoining that disclosure the AGENCY will release the requested information. If the CONSULTANT and/or sub-consultant fail to obtain a court order or other judicial relief enjoining the AGENCY by the release date, the CONSULTANT shall waive and release and shall hold harmless and indemnify the AGENCY from all claims of actual or alleged damages, liabilities, or costs associated with the AGENCY’s said disclosure of sub-consultants’ information.

XX. Records MaintenanceDuring the progress of the Work and SERVICES provided hereunder and for a period of not less than six (6) years from the date of final payment to the CONSULTANT, the CONSULTANT shall keep, retain and maintain all “documents” pertaining to the SERVICES provided pursuant to this AGREEMENT. Copies of all “documents” pertaining to the SERVICES provided hereunder shall be made available for review at the CONSULTANT’s place of business during normal working hours. If any litigation, claim or audit is commenced, the CONSULTANT shall cooperate with AGENCY and assist in the production of all such documents. “Documents” shall be retained until all litigation, claims or audit findings have been resolved even though such litigation, claim or audit continues past the six (6) year retention period.

For purposes of this AGREEMENT, “documents” means every writing or record of every type and description, including electronically stored information (“ESI”), that is in the possession, control, or custody of the CONSULTANT, including, without limitation, any and all correspondences, contracts, AGREEMENT ‘s, appraisals, plans, designs, data, surveys, maps, spreadsheets, memoranda, stenographic or handwritten notes, reports, records, telegrams, schedules, diaries, notebooks, logbooks, invoices, accounting records, work sheets, charts, notes, drafts, scribblings, recordings, visual displays, photographs, minutes of meetings,



tabulations, computations, summaries, inventories, and writings regarding conferences, conversations or telephone conversations, and any and all other taped, recorded, written, printed or typed matters of any kind or description; every copy of the foregoing whether or not the original is in the possession, custody, or control of the CONSULTANT, and every copy of any of the foregoing, whether or not such copy is a copy identical to an original, or whether or not such copy contains any commentary or notation whatsoever that does not appear on the original.

For purposes of this AGREEMENT, “ESI” means any and all computer data or electronic recorded media of any kind, including “Native Files”, that are stored in any medium from which it can be retrieved and examined, either directly or after translation into a reasonably useable form. ESI may include information and/or documentation stored in various software programs such as: Email, Outlook, Word, Excel, Access, Publisher, PowerPoint, Adobe Acrobat, SQL databases, or any other software or electronic communication programs or databases that the CONSULTANT may use in the performance of its operations. ESI may be located on network servers, backup tapes, smart phones, thumb drives, CDs, DVDs, floppy disks, work computers, cell phones, laptops or any other electronic device that CONSULTANT uses in the performance of its Work or SERVICES hereunder, including any personal devices used by the CONSULTANT or any sub-consultant at home.

“Native files” are a subset of ESI and refer to the electronic format of the application in which such ESI is normally created, viewed, and /or modified.

The CONSULTANT shall include this section XX “Records Maintenance” in every subcontract it enters into in relation to this AGREEMENT and bind the sub-consultant to its terms, unless expressly agreed to otherwise in writing by the AGENCY prior to the execution of such subcontract.

In witness whereof, the parties hereto have executed this AGREEMENT as of the day and year shown in the “Execution Date” box on page one (1) of this AGREEMENT.

Signature Date

Signature Date

Any modification, change, or reformation of this AGREEMENT shall require approval as to form by the Office of the Attorney General.


WSDOT Form 140-089 EF Exhibit A Page 1 of 1 Revised 10/30/2014

Exhibit A Scope of Work

Project No.


Exhibit A Scope of Services

City of Port OrchardBay Street Pedestrian Pathway

NEPA Update Services

December 2019

Prepared by: GeoEngineers, Inc

17425 NE Union Hill Rd Suite 250, Redmond, WA 98052

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1101 Fawcett Avenue, Suite 200 Tacoma, Washington 98402

253.383.4940

EXHIBIT A SCOPE OF WORK

December 20, 2019

City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366[Client City, State Zip]

Attention: Mark Dorsey

Subject: Exhibit A Scope of Work Bay Street Pathway NEPA Update Bay Street Pedestrian Pathway Project Port Orchard, Washington File No. TBD

INTRODUCTION AND PROJECT UNDERSTANDING

Thank you for this opportunity to provide a proposal from GeoEngineers, Inc. (GeoEngineers) to conduct an update to the National Environmental Policy Act (NEPA) documentation for the Bay Street Pedestrian Pathway project. We understand during the current NEPA update request Washington State Department of Transportation (WSDOT) has requested additional information including documentation of public outreach and an update to the Environmental Justice (EJ) assessment for the original project. We have based our scope of work on conversations with Mark Dorsey, emails from Brian Diaz of WSDOT in October and a phone conversation with Jodie Beall on December 2, 2019.

SCOPE OF SERVICES

This scope of services includes two tasks for preparation of a Summary of Public Outreach conducted during the original NEPA process and an update to the Environmental Justice Matrix and preparation of an Environmental Justice report.

Task 1 – Public Outreach Summary Report

We will work with the City of Port Orchard (City) Community Development Department to acquire the public outreach comments and responses from the State Environmental Policy Act (SEPA) public notice and the Shoreline permit process that was conducted during 2012. We anticipate a day of effort at the City working with a Community Development representative to go through the SEPA and Shoreline Permit files and identify the original documentation including public responses during the shoreline hearing, email communications and other written records. We will compile the public comments and responses and prepare a Public Outreach summary report including written records as an appendix to document the Public Outreach process conducted during the original NEPA process for the project.

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City of Port Orchard | December 20, 2019 Page 2

File No. TBD

Task 2 – Environmental Justice Update

GeoEngineers will prepare an updated EJ Matrix and an updated EJ Report as requested by WSDOT. We will gather the publicly available information and follow the format provided by WSDOT in the October 15, 2019 email from Jodie Beall. The EJ Report will include a summary and the project description from the original NEPA documentation, regulations, coordination and studies previously prepared for the project and an existing conditions section from existing project information. We assume no new studies will be required to complete the EJ Report. We will prepare a draft report for review by the City and WSDOT and provide a revised final report that incorporates comments and requested revisions from the draft review.

ASSUMPTIONS

■ We assume no new studies will be required to complete the outreach summary or EJ report.

■ We assume no new public outreach will be completed as part of the NEPA update.

■ We assume a new NEPA Categorical Exclusion Documentation Form will not be required tocomplete the NEPA update.

■ We assume the project description has not changed from the original NEPA documentation.

■ We assume only one round of comments will be addressed in the summary report and one roundin the EJ report.

TERMS AND BUDGET

The estimated total cost for Tasks 1 and 2, described above, is $11,674.36. The estimated budgets for the tasks is described in Exhibit D. We propose to conduct our services on a time-and-expense basis in accordance with the terms in the Local Agency Guidelines agreement and our approved WSDOT overhead rate.

There are no intended third-party beneficiaries arising from the services described in this proposal and no party other than the party executing this proposal shall have the right to legally rely on the product of our services without prior written permission of GeoEngineers.

This proposal is valid for a period of 60 days commencing from the first date listed above and subject to renegotiation by GeoEngineers, Inc., after the expiration date.

We appreciate the opportunity to submit our proposed scope of services and look forward to working with you on this project. We will not proceed with any modification to our scope or fee estimate without first contacting you and receiving your prior authorization. If you have any questions regarding the scope of services, please do not hesitate to call us at 253.383.4940.

Sincerely, GeoEngineers, Inc.

Joseph O. Callaghan, MS, PWS Principal Biologist

JOC:leh

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WSDOT Form 140-089 EF Exhibit B Page 1 of 1 Revised 10/30/2014

Exhibit B DBE Participation


WSDOT Form 140-089 EF Exhibit C Page 1 of 4 Revised 10/30/2014

Exhibit C Preparation and Delivery of Electronic Engineering and Other Data

In this Exhibit the agency, as applicable, is to provide a description of the format and standards the consultant is to use in preparing electronic files for transmission to the agency. The format and standards to be provided may include, but are not limited to, the following:

I. Surveying, Roadway Design & Plans Preparation Section

A. Survey Data

B. Roadway Design Files

C. Computer Aided Drafting Files



D. Specify the Agency’s Right to Review Product with the Consultant

E. Specify the Electronic Deliverables to Be Provided to the Agency

F. Specify What Agency Furnished Services and Information Is to Be Provided



II. Any Other Electronic Files to Be Provided

III. Methods to Electronically Exchange Data

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A. Agency Software Suite

B. Electronic Messaging System

C. File Transfers Format

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WSDOT Form 140-089 EF Exhibit D Page 1 of 1 Revised 10/30/2014

Exhibit D Prime Consultant Cost Computations


Exhibit D Cost Computations

City of Port OrchardBay Street Pedestrian Pathway


December 2019

Prepared by: GeoEngineers, Inc

17425 NE Union Hill Rd Suite 250, Redmond, WA 98052

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EXHIBIT D Cost Computations

Geoengineers, Inc.

City of Port Orchard

Bay Street Pedestrian Pathway

Sheet of1 3

12/20/2019

Prepared by: Joe Callaghan


Labor Costs:

Labor Resources Labor Hours Salary Rate Cost

1. Principal 8 $78.14 $625.12 2. Senior Scientist 1 16 $45.45 $727.20 3. Project Scientist 48 $39.38 $1,890.24 4. Administrator 3 4 $41.61 $166.44

Labor Subtotal $3,409.00

Overhead (OH cost - including salary additives): $7,203.56OH Rate X DSC of 211.31% X

Fixed Fee (FF): 30% $1,022.70

Subtotal $11,635.26

DIRECT NON-LABOR COSTS ANTICIPATED :

Travel = $39.10

Direct Non-Labor Costs Subtotal = $39.10

GEOENGINEERS ESTIMATED COSTS = $11,674.36 12/12/19

* These items are not in the current budget, as requested by the client. If these itemsare requested, or the project hours exceed those indicated above, the unit rates shownwill be used as a basis for any additional cost.

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EXHIBIT D Cost

Computation

Geoengineers, Inc.



Sheet of2 3

12/20/2019



TRAVEL Number Miles of Trips per Trip $ per Unit

1. Vehicle 1 68 miles $0.575 = $39.10

TRAVEL TOTAL $39.10

MISCELLANEOUS EXPENSES 1. None

MISC. EXPENSES TOTAL $0.00

TOTAL $39.10

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EXHIBIT D Cost

Computation

Geoengineers, Inc.



Sheet of3 3

12/20/2019



PROJECT LABOR-HOUR ESTIMATE Pr SS PS A3 Total

1 Public Outreach Summary 4 4 16 2 24

2 Environmental Justice 4 12 32 2 50

Total of hours: 8 16 48 4 74

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WSDOT Form 140-089 EF Exhibit E Page 1 of 1 Revised 10/30/2014

Exhibit E Sub-consultant Cost Computations

There isn’t any sub-consultant participation at this time. The CONSULTANT shall not sub-contract for the performance of any work under this AGREEMENT without prior written permission of the AGENCY. Refer to section VI “Sub-Contracting” of this AGREEMENT.


WSDOT Form 140-089 EF Exhibit F Page 1 of 1 Revised 10/30/2014

Exhibit F Title VI Assurances

During the performance of this AGREEMENT, the CONSULTANT, for itself, its assignees, and successors in interest agrees as follows:

1. Compliance with Regulations: The CONSULTANT shall comply with the Regulations relative to non-discrimination in federally assisted programs of the AGENCY, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the “REGULATIONS”), which are herein incorporated by reference and made a part of this AGREEMENT.

2. Non-discrimination: The CONSULTANT, with regard to the work performed during this AGREEMENT, shall not discriminate on the grounds of race, color, sex, or national origin in the selection and retention of sub-consultants, including procurement of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the REGULATIONS, including employment practices when this AGREEMENT covers a program set forth in Appendix B of the REGULATIONS.

3. Solicitations for Sub-consultants, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiations made by the CONSULTANT for work to be performed under a sub-contract, including procurement of materials or leases of equipment, each potential sub-consultant or supplier shall be notified by the CONSULTANT of the CONSULTANT’s obligations under this AGREEMENT and the REGULATIONS relative to non-discrimination on the grounds of race, color, sex, or national origin.

4. Information and Reports: The CONSULTANT shall provide all information and reports required by the REGULATIONS or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the AGENCY, the STATE, or the Federal Highway Administration (FHWA) to be pertinent to ascertain compliance with such REGULATIONS, orders and instructions. Where any information required of a CONSULTANT is in the exclusive possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the AGENCY, the STATE, or the FHWA as appropriate, and shall set forth what efforts it has made to obtain the information.

5. Sanctions for Non-compliance: In the event of the CONSULTANT’s non-compliance with the non-discrimination provisions of this AGREEMENT, the AGENCY shall impose such AGREEMENT sanctions as it, the STATE, or the FHWA may determine to be appropriate, including, but not limited to:• Withholding of payments to the CONSULTANT under this AGREEMENT until the CONSULTANT

complies, and/or;• Cancellation, termination, or suspension of this AGREEMENT, in whole or in part.

6. Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the REGULATIONS, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any sub-consultant or procurement as the STATE, the AGENCY, or FHWA may direct as a means of enforcing such provisions including sanctions for non-compliance.

Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a sub-consultant or supplier as a result of such direction, the CONSULTANT may request the AGENCY enter into such litigation to protect the interests of the STATE and/or the AGENCY and, in addition, the CONSULTANT may request the United States enter into such litigation to protect the interests of the United States. Agreement Number:

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WSDOT Form 140-089 EF Exhibit G Page 1 of 1 Revised 10/30/2014

Exhibit G Certification Documents

Exhibit G-1(a) Certification of Consultant

Exhibit G-1(b) Certification of _______________________________

Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions

Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for Lobbying

Exhibit G-4 Certificate of Current Cost or Pricing Data



Exhibit G-1(a) Certification of ConsultantI hereby certify that I am the and duly authorized representative of the firm of

whose address is

and that neither the above firm nor I have:

a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration,any firm or person (other than a bona fide employee working solely for me or the above CONSULTANT)to solicit or secure this AGREEMENT;

b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services ofany firm or person in connection with carrying out this AGREEMENT; or

c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solelyfor me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or inconnection with, procuring or carrying out this AGREEMENT; except as hereby expressly stated (if any);

I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

Consultant (Firm Name)

Signature (Authorized Official of Consultant) Date



Exhibit G-1(b) Certification of I hereby certify that I am the:

Other

of the , and or its representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this AGREEMENT to:

a) Employ or retain, or agree to employ to retain, any firm or person; or

b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or considerationof any kind; except as hereby expressly stated (if any):

I acknowledge that this certificate is to be furnished to the and the Federal Highway Administration, U.S. Department of Transportation, in connection with this AGREEMENT involving participation of Federal-aid highway funds, and is subject to applicable State and Federal laws, both criminal and civil.

Signature Date



Exhibit G-2 Certification Regarding Debarment, Suspension and Other Responsibility Matters - Primary Covered Transactions

I. The prospective primary participant certifies to the best of its knowledge and belief, that it and its principals:

A. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarilyexcluded from covered transactions by any Federal department or agency;

B. Have not within a three (3) year period preceding this proposal been convicted of or had a civil judgmentrendered against them for commission of fraud or a criminal offense in connection with obtaining,attempting to obtain, or performing a public (Federal, State, or local) transaction or contract undera public transaction; violation of Federal or State anti-trust statues or commission of embezzlement,theft, forgery, bribery, falsification or destruction of records, making false statements, or receivingstolen property;

C. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)of this certification; and

D. Have not within a three (3) year period preceding this application / proposal had one or more publictransactions (Federal, State and local) terminated for cause or default.

II. Where the prospective primary participant is unable to certify to any of the statements in this certification,such prospective participant shall attach an explanation to this proposal.





Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds for LobbyingThe prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to anyperson for influencing or attempting to influence an officer or employee of any Federal agency, a Memberof Congress, an officer or employee of Congress, or any employee of a Member of Congress in connectionwith the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan,the entering into of any cooperative AGREEMENT, and the extension, continuation, renewal, amendment,or modification of Federal contract, grant, loan or cooperative AGREEMENT.

2. If any funds other than Federal appropriated funds have been paid or will be paid to any person forinfluencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with thisFederal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submitStandard Form - LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transactionwas made or entered into. Submission of this certification is a prerequisite for making or entering intothis transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the requiredcertification shall be subject to a civil penalty of not less than $10,000.00, and not more than $100,000.00,for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall requirethat the language of this certification be included in all lower tier sub-contracts, which exceed $100,000,and that all such sub-recipients shall certify and disclose accordingly.





Exhibit G-4 Certificate of Current Cost or Pricing DataThis is to certify that, to the best of my knowledge and belief, the cost or pricing data (as defined in section 2.101 of the Federal Acquisition Regulation (FAR) and required under FAR subsection 15.403-4) submitted, either actually or by specific identification in writing, to the Contracting Officer or to the Contracting Officer’s representative in support of * are accurate, complete, and current as of **.

This certification includes the cost or pricing data supporting any advance AGREEMENT’s and forward pricing rate AGREEMENT’s between the offer or and the Government that are part of the proposal.

Firm:

Signature Title

Date of Execution***:

*Identify the proposal, quotation, request for pricing adjustment, or other submission involved, giving the appropriate identifying number (e.g. project title.)**Insert the day, month, and year, when price negotiations were concluded and price AGREEMENT was reached.***Insert the day, month, and year, of signing, which should be as close as practicable to the date when the price negotiations were concluded and thecontract price was agreed to.


WSDOT Form 140-089 EF Exhibit H Page 1 of 1 Revised 10/30/2014

Exhibit H Liability Insurance Increase

To Be Used Only If Insurance Requirements Are Increased

The professional liability limit of the CONSULTANT to the AGENCY identified in Section XII, Legal Relations and Insurance of this Agreement is amended to $ .

The CONSULTANT shall provide Professional Liability insurance with minimum per occurrence limits in the amount of $ .

Such insurance coverage shall be evidenced by one of the following methods:• Certificate of Insurance.• Self-insurance through an irrevocable Letter of Credit from a qualified financial institution.

Self-insurance through documentation of a separate fund established exclusively for the payment of professional liability claims, including claim amounts already reserved against the fund, safeguards established for payment from the fund, a copy of the latest annual financial statements, and disclosure of the investment portfolio for those funds.

Should the minimum Professional Liability insurance limit required by the AGENCY as specified above exceed $1 million per occurrence or the value of the contract, whichever is greater, then justification shall be submitted to the Federal Highway Administration (FHWA) for approval to increase the minimum insurance limit.

If FHWA approval is obtained, the AGENCY may, at its own cost, reimburse the CONSULTANT for the additional professional liability insurance required.

Notes: Cost of added insurance requirements: $ .• Include all costs, fee increase, premiums.• This cost shall not be billed against an FHWA funded project.• For final contracts, include this exhibit.


WSDOT Form 140-089 EF Exhibit I Page 1 of 2 Revised 10/30/2014

Exhibit I Alleged Consultant Design Error Procedures

The purpose of this exhibit is to establish a procedure to determine if a consultant’s alleged design error is of a nature that exceeds the accepted standard of care. In addition, it will establish a uniform method for the resolution and/or cost recovery procedures in those instances where the agency believes it has suffered some material damage due to the alleged error by the consultant.

Step 1 Potential Consultant Design Error(s) is Identified by Agency’s Project Manager At the first indication of potential consultant design error(s), the first step in the process is for the Agency’s project manager to notify the Director of Public Works or Agency Engineer regarding the potential design error(s). For federally funded projects, the Region Local Programs Engineer should be informed and involved in these procedures. (Note: The Director of Public Works or Agency Engineer may appoint an agency staff person other than the project manager, who has not been as directly involved in the project, to be responsible for the remaining steps in these procedures.)

Step 2 Project Manager Documents the Alleged Consultant Design Error(s) After discussion of the alleged design error(s) and the magnitude of the alleged error(s), and with the Director of Public Works or Agency Engineer’s concurrence, the project manager obtains more detailed documentation than is normally required on the project. Examples include: all decisions and descriptions of work; photographs, records of labor, materials and equipment.

Step 3 Contact the Consultant Regarding the Alleged Design Error(s) If it is determined that there is a need to proceed further, the next step in the process is for the project manager to contact the consultant regarding the alleged design error(s) and the magnitude of the alleged error(s). The project manager and other appropriate agency staff should represent the agency and the consultant should be represented by their project manager and any personnel (including sub-consultants) deemed appropriate for the alleged design error(s) issue.

Step 4 Attempt to Resolve Alleged Design Error with Consultant After the meeting(s) with the consultant have been completed regarding the consultant’s alleged design error(s), there are three possible scenarios:

• It is determined via mutual agreement that there is not a consultant design error(s). If this is the case, then the process will not proceed beyond this point.

• It is determined via mutual agreement that a consultant design error(s) occurred. If this is the case, then the Director of Public Works or Agency Engineer, or their representatives, negotiate a settlement with the consultant. The settlement would be paid to the agency or the amount would be reduced from the consultant’s agreement with the agency for the services on the project in which the design error took place. The agency is to provide LP, through the Region Local Programs Engineer, a summary of the settlement for review and to make adjustments, if any, as to how the settlement affects federal reimbursements. No further action is required.

• There is not a mutual agreement regarding the alleged consultant design error(s). The consultant may request that the alleged design error(s) issue be forwarded to the Director of Public Works or Agency Engineer for review. If the Director of Public Works or Agency Engineer, after review with their legal counsel, is not able to reach mutual agreement with the consultant, proceed to Step 5.


WSDOT Form 140-089 EF Exhibit I Page 2 of 2 Revised 10/30/2014

Step 5 Forward Documents to Local Programs For federally funded projects all available information, including costs, should be forwarded through the Region Local Programs Engineer to LP for their review and consultation with the FHWA. LP will meet with representatives of the agency and the consultant to review the alleged design error(s), and attempt to find a resolution to the issue. If necessary, LP will request assistance from the Attorney General’s Office for legal interpretation. LP will also identify how the alleged error(s) affects eligibility of project costs for federal reimbursement.

• If mutual agreement is reached, the agency and consultant adjust the scope of work and costs to reflect the agreed upon resolution. LP, in consultation with FHWA, will identify the amount of federal participation in the agreed upon resolution of the issue.

• If mutual agreement is not reached, the agency and consultant may seek settlement by arbitration or by litigation.


WSDOT Form 140-089 EF Exhibit J Page 1 of 2 Revised 10/30/2014

Exhibit J Consultant Claim Procedures

The purpose of this exhibit is to describe a procedure regarding claim(s) on a consultant agreement. The following procedures should only be utilized on consultant claims greater than $1,000. If the consultant’s claim(s) are a total of $1,000 or less, it would not be cost effective to proceed through the outlined steps. It is suggested that the Director of Public Works or Agency Engineer negotiate a fair and reasonable price for the consultant’s claim(s) that total $1,000 or less.

This exhibit will outline the procedures to be followed by the consultant and the agency to consider a potential claim by the consultant.

Step 1 Consultant Files a Claim with the Agency Project Manager

If the consultant determines that they were requested to perform additional services that were outside of the agreement’s scope of work, they may be entitled to a claim. The first step that must be completed is the request for consideration of the claim to the Agency’s project manager.

The consultant’s claim must outline the following:

• Summation of hours by classification for each firm that is included in the claim;

• Any correspondence that directed the consultant to perform the additional work;

• Timeframe of the additional work that was outside of the project scope;

• Summary of direct labor dollars, overhead costs, profit and reimbursable costs associated with the additional work; and

• Explanation as to why the consultant believes the additional work was outside of the agreement scope of work.

Step 2 Review by Agency Personnel Regarding the Consultant’s Claim for Additional Compensation

After the consultant has completed step 1, the next step in the process is to forward the request to the Agency’s project manager. The project manager will review the consultant’s claim and will met with the Director of Public Works or Agency Engineer to determine if the Agency agrees with the claim. If the FHWA is participating in the project’s funding, forward a copy of the consultant’s claim and the Agency’s recommendation for federal participation in the claim to the WSDOT Local Programs through the Region Local Programs Engineer. If the claim is not eligible for federal participation, payment will need to be from agency funds.

If the Agency project manager, Director of Public Works or Agency Engineer, WSDOT Local Programs (if applicable), and FHWA (if applicable) agree with the consultant’s claim, send a request memo, including backup documentation to the consultant to either supplement the agreement, or create a new agreement for the claim. After the request has been approved, the Agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit. No further action in needed regarding the claim procedures.

If the Agency does not agree with the consultant’s claim, proceed to step 3 of the procedures.


WSDOT Form 140-089 EF Exhibit J Page 2 of 2 Revised 10/30/2014

Step 3 Preparation of Support Documentation Regarding Consultant’s Claim(s)

If the Agency does not agree with the consultant’s claim, the project manager shall prepare a summary for the Director of Public Works or Agency Engineer that included the following:

• Copy of information supplied by the consultant regarding the claim;

• Agency’s summation of hours by classification for each firm that should be included in the claim;

• Any correspondence that directed the consultant to perform the additional work;

• Agency’s summary of direct labor dollars, overhead costs, profit and reimbursable costs associatedwith the additional work;

• Explanation regarding those areas in which the Agency does/does not agree with the consultant’sclaim(s);

• Explanation to describe what has been instituted to preclude future consultant claim(s); and

• Recommendations to resolve the claim.

Step 4 Director of Public Works or Agency Engineer Reviews Consultant Claim and Agency Documentation

The Director of Public Works or Agency Engineer shall review and administratively approve or disapprove the claim, or portions thereof, which may include getting Agency Council or Commission approval (as appropriate to agency dispute resolution procedures). If the project involves federal participation, obtain concurrence from WSDOT Local Programs and FHWA regarding final settlement of the claim. If the claim is not eligible for federal participation, payment will need to be from agency funds.

Step 5 Informing Consultant of Decision Regarding the Claim

The Director of Public Works or Agency Engineer shall notify (in writing) the consultant of their final decision regarding the consultant’s claim(s). Include the final dollar amount of the accepted claim(s) and rationale utilized for the decision.

Step 6 Preparation of Supplement or New Agreement for the Consultant’s Claim(s)

The agency shall write the supplement and/or new agreement and pay the consultant the amount of the claim. Inform the consultant that the final payment for the agreement is subject to audit.



Agenda Staff Report

Agenda Item No.: Business Item 7E Meeting Date: January 14, 2020

Subject: Adoption of Resolution Approving a Prepared by: Mark Dorsey, P.E. Contract with ARKEN, Inc. for the 2020 Public Works Director Library Roof Repairs Atty Routing No.: N/A Atty Review Date: N/A

Summary: On December 13, 2019, Kitsap Regional Library maintenance staff notified the City’s Public Works Department that the roof was leaking within the children’s book area of the new addition. Public Works then responded and verified that the downspout drain from the roof is the cause of the leak. In addition, it was determined that there are also structural repairs and abatement needed, along with restoration. Therefore, ARKEN, Inc. was selected from the MRSC Small Works Roster list, as the City is under the threshold for needing to get multiple repair quotes, and a quote of $10,911.87 was provided. The current repair and abatement costs are estimates only, as the extent of the damage is currently unknown and subject to change. Therefore, in addition to the approval of the ARKEN, Inc. proposal, the City Council is also being asked to authorize the Public Works Director the ability to issue a future change order for this Contract up to $10,000 before needing to go back to Council for further change order approvals. Relationship to Comprehensive Plan: N/A Recommendation: Staff recommends adoption of Resolution No. 003-20, thereby authorizing the Mayor to execute Contract No. C019-20 with ARKEN, Inc. for the 2020 Library leak repairs in the amount of $10,911.87 and authorizing the Public Works Director the ability to issue a future change order for this Contract up to $10,000 before needing to go back to Council for further change order approvals. Motion for Consideration: I move to adopt Resolution No. 003-20, thereby authorizing the Mayor to execute Contract No. C019-20 with ARKEN, Inc. for the 2020 Library leak repairs in the amount of $10,911.87 and authorizing the Public Works Director the ability to issue a future change order for this Contract up to $10,000 before needing to go back to Council for further change order approvals. Fiscal Impact: This repair was not anticipated nor budgeted. A budget amendment may be required. Alternatives: Do not approve and have staff obtain more estimates for repair. Attachments: Resolution and Contract.

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RESOLUTION NO. ____

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE CONTRACT NO. C019-20 WITH ARKEN, INC. FOR THE 2020 LIBRARY REPAIRS AND DOCUMENTING PROCUREMENT PROCEDURES.

WHEREAS, On December 13, 2019, Kitsap Regional Library maintenance staff notified the City’s Public Works Department that the roof was leaking within the children’s book area of the new addition; and WHEREAS, Public Works then responded and verified that the downspout drain from the roof is the cause of the leak and determined that in addition to the leak repair, there are also structural repairs needed to the area above the ceiling; and WHEREAS, ARKEN, Inc. was selected from the MRSC Small Works Roster as the City is under the threshold for needing to obtain multiple repair quotes; and WHEREAS, the estimated cost for repairing the leak, any abatement necessary, structural repairs and final restoration (based upon visual inspection) is $10,911.87, now, therefore THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

THAT: The current repair and abatement costs are estimates only, as the extent of the damage is currently unknown and subject to change. Therefore, in addition to the approval of the ARKEN, Inc. proposal, the City Council also authorizes the Public Works Director to issue a future change order for this Contract up to $10,000 before needing to go back to Council for further change order approvals.

PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage this 14th day of January 2020.


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City of Port Orchard and Arken, Inc. Small Works Contract No.C019-20 Rev 7/18/19 Page 1 of 19

CITY OF PORT ORCHARD SMALL WORKS UNDER 35K CONSTRUCTION CONTRACT NO. C019-20

THIS Agreement is made effective as of the 14th day of January, 2020, by and between CITY OF PORT ORCHARD, WASHINGTON (“CITY”) 216 Prospect Street Port Orchard, Washington 98366 Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029

and ARKEN, INC (“CONTRACTOR”)

417 99th St E Tacoma, WA 98445

Contact: Aymee Dunn Phone: 253.333.5141 Email: [email protected]

for the following Project:

2020 Library Leak/Damage Repair (“PROJECT”)

The City and Contractor agree as follows: 1. Contract Documents. The Contractor shall complete the Work described in the Contract

Documents for the Project. The following documents are collectively referred to as the “Contract Documents”:

a. This Agreement signed by the City and the Contractor; b. Comply with the 2015 International Building Code (IBC) codes as well as 2015 Energy

Code. c. The attached Special Provisions, Plans and Specifications; d. Written change orders or orders for minor changes in the Work issued after execution of

this Agreement; e. Public Works Terms and Conditions; f. Insurance and Bonding Requirements; and

g. The bid proposal submitted by the Contractor, except when inconsistent with Contract

Documents a-f.

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The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work by the Contractor. These Contract Documents complement each other in describing a complete work. Any requirement in one document binds as if stated in all. The Contractor shall provide any work or materials clearly implied in the Contract even if the Contract does not mention it specifically. 2. Date of Commencement and Substantial Completion Date. The date of commencement

shall be the Notice to Proceed (NTP). The Contractor shall substantially complete the Work not later than 45 Working Days from the NTP, subject to adjustment by change order.

3. The Contractor shall do all work and furnish all tools, materials, and equipment in accordance

with the above described Construction Contract Documents. The Contractor shall provide and bear the expense of all equipment, work, and labor of any sort whatsoever that may be required for the transfer of materials and for constructing and completing of the work provided for in these Construction Contract Documents, except those items mentioned therein to be furnished by the City.

4. Subject to additions and deductions by change order, the construction Contract Sum is the base

bid amount of $10,911.87 including applicable sales tax. The construction Contract Sum shall include all items and services necessary for the proper execution and completion of the work. The City hereby promises and agrees with the Contractor to employ, and does employ the Contractor to provide the materials and to do and cause to be done the work described in the Construction Contract Documents and to complete and finish the same according to the plans and specifications and the terms and conditions herein contained; and hereby contracts to pay for the same at the time and in the manner and upon the conditions provided for in this Contract.

5. The Contractor agrees to comply with all state and federal laws relating to the employment of

labor and wage rates to be paid. The Contractor agrees to furnish insurance of the types and in the amounts set forth in the Construction Contract Documents.

6. The Contractor agrees to repair and replace all property of the City and all property of others

damaged by himself, his employees, and sub-contractors. 7. The Contractor for himself and for his heirs, executors, administrators, successors, and assigns,

does hereby agree to the full performance of all the covenants herein upon the part of the Contractor.

8. It is further provided that no liability shall attach to the City of Port Orchard by reason of

entering into this Construction Contract, except as expressly provided herein.

9. Title VI

The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the

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Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts comply with these regulations.

Therefore, during the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees as follows:

1. Compliance with Regulations: The Contractor will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made a part of this Agreement.

2. Nondiscrimination: The Contractor, with regard to the work performed by it during this Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto and incorporated herein by this reference, including employment practices when this Agreement covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.

3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the Contractor’s obligations under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds of race, color, national origin, sex, age, disability, income-level, or LEP.

4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions. Where any information required of the Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the City or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.

5. Sanctions for Noncompliance: In the event of the Contractor’s noncompliance with the Non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to:

1. withholding payments to the Contractor under the Agreement until the Contractor complies; and/or

2. cancelling, terminating, or suspending the Agreement, in whole or in part.

6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the City or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the City to enter into any litigation to protect the interests of the City. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States.

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IN WITNESS WHEREOF, the parties hereto have caused this contract to be duly executed

on the date first written above. CITY OF PORT ORCHARD CONTRACTOR ____________________________ ____________________________ Robert Putannsuu, Mayor By: Its: ATTEST/AUTHENTICATE: ______________________________ Brandy Rinearson, MMC, City Clerk APPROVED AS TO FORM: ______________________________ Charlotte A. Archer City Attorney

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CERTIFICATE AS TO CORPORATE PRINCIPAL I, ____________________________________ (Corporate Officer (Not Contract Signer)) certify that I am the _________________________________________ (Corporate Title) of the corporation named as the Contractor in the Agreement attached hereto; that _______________________________, (Contract Signer) who signed said Agreement on behalf of the Contractor, was then __________________________ (Corporate Title) of said corporation; that said Agreement was duly signed for and in behalf of said corporation by authority of its governing body, and is within the scope of its corporate powers.

Corporate Seal ______________________________________ Corp. officer signature (not contract signer) ______________________________________ Printed ______________________________________ Title State of ____________ ) County of __________ ) _____________________________________, (corporate officer (not contract signer)) being duly sworn, deposes and says that he/she is _____________________________ (Corporate Title) of ______________________________ (Name of Corporation) Subscribed and sworn to before me this _______ day of _____________, 20______

______________________________ Notary Public (Signature) ______________________________ Notary Public (Print) My commission expires____________

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CITY OF PORT ORCHARD PUBLIC WORK PROJECT TERMS AND CONDITIONS

The following terms and conditions shall be used in conjunction with the Standard Specifications for Road, Bridge and Municipal Construction, 2018 edition, together with the APWA Supplement (Section 1-99), as issued by the Washington State Department of Transportation and American Public Works Association, Washington State Chapter, hereinafter referred to as the "standard specifications". The standard specifications, except as they may be modified or superseded by these provisions, shall govern all phases of work under this Contract, and they are by reference made an integral part of these specifications and Contract as if herein fully set forth. When the provisions of the standard specification conflict with the terms and conditions as contained herein, the terms and conditions shall prevail. 1. BID PRICE: The bid price(s) shall include all necessary permits, fees and items of labor, material, equipment, tools, overhead and compensation, supplies, taxes, utilities and other incidentals necessary to complete the work in a fully functional and operational state. All prices including bid prices are in US funds. 2. DEFINITIONS: The term “City” means Port Orchard, Washington, “successful bidder” means the apparent lowest and best responsible bidder to whom an award is made, and “Contractor” means the successful bidder who has satisfied the requirements for the award and who receives a contract executed by the City. “Bidder” means the person, firm or corporation that has made an offer in response to the invitation to bid. “Work” means the construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment and services provided or to be provided by the Contractor to fulfill the Contractor’s obligations. 3. LICENSING AND REGISTRATION: The Contractor must have a Washington State certificate of registration per chapter 18.27 RCW; a current state unified business identifier number; and if applicable, industrial insurance coverage for the bidder's employees working in Washington, an Employment Security Department number, and a state excise tax registration number. In addition, the bidder must not be disqualified from bidding on any public works contracts under RCW 39.06.010 or 39.12.065(3). 4. PUBLIC WORK REQUIREMENTS: This project constitutes a public work under state law. Bidders are warned to take into consideration statutory legal requirements, particularly, the payment of prevailing wages and fringe benefits, payment and performance bonds and sales tax implications in making their bids. It is the sole responsibility of the bidder to insure that the appropriate labor classification(s) are identified and that the applicable wage and benefit rates are taken into consideration when preparing their bid according to these specifications. The Contractor shall complete and file State of Washington, Department of Labor & Industries, Statement of Intent to Pay Prevailing Wages and Affidavit of Wages Paid forms and shall familiarize itself with their requirements. The Contractor shall also be responsible for and pay all costs pertaining to the processing of these forms. 5. INSURANCE REQUIREMENT: The successful bidder will furnish insurance as stipulated in the Attachment entitled “Insurance Requirements.” 6. RECEIPT OF ADDENDA: All official clarifications or interpretations of the bid documents will be by written addenda only.

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7. PROJECT COMPLIANCE: In compliance with the request for quotation, Bidder hereby proposes to perform all work for this project in strict accordance with the Contract Documents, at the Contract Sum, and within the time set forth herein with the understanding that time is of the essence in the performance of this Contract. 8. TAXES: Proposals shall include all applicable taxes except sales tax which is a separate bid item. It shall be the Bidder's responsibility to furnish Federal Excise Tax Exemption Certificate, when applicable. 9. ERROR IN EXTENSION: Unit price, when used, shall govern in case of extension error. 10. PERMITS AND FEES: The Contractor shall furnish all permits, inspection fees, and fees required in the performance of this Contract, including those charged under RCW 39.12.070 by the Department of Labor and Industries for the approval of statements of intent to pay prevailing wages and the certification of affidavits of wages paid, etc. The Department may also charge fees to persons or organizations requesting the arbitration of disputes under RCW 39.12.060. The Contractor is responsible for all fees resulting from these statutes. 11. CONTRACT: The Contract, when properly signed, will be the only form that will be recognized by the City as an award. The executed Contract supersedes all previous communications and negotiations, except as referenced herein, and constitutes the entire agreement between the City and Contractor (parties), except as provided herein. The Contractor shall not make any changes, alterations, or variations in the terms of the Contract without the written consent of the City. No terms stated by the Bidder in its proposal shall be binding on the City unless accepted in writing by the City. The successful bidder may not assign the Contract resulting from this invitation to bid without the City’s prior written consent. No waiver by the City of a breach of any provision of the terms and conditions outlined in the invitation to bid shall constitute a waiver of any other breach of such provision or of any other provisions. 12. CHANGE ORDERS: If the City or the Contractor requests a change in the Work, or either party believes that a change is necessary, then the parties shall comply with the following procedure to document and reflect a change in the Work: (a) The party requesting the change shall write a description of the change and give the description to the other party (the “Change Notice”); (b) Before proceeding with the change in Work, unless otherwise excused by emergency, the Contractor shall provide the City with a fixed-price written estimate of the cost and time impact of the change in Work; and (c) The City and the Contractor shall execute a Change Order confirming their agreement as to the change in Work, the fixed-price cost, and the extension of the Substantial Completion Date, if any. If the change in Work cannot be performed on a fixed-price basis, the Change Order shall identify the agreed method of compensation. 13. CHANGE DIRECTIVES: A “Change Directive” is a written order signed by the City, directing a change in the Work prior to agreement on adjustment, if any, in the Contract Sum or Substantial Completion Date, or both. The City may by Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and Substantial Completion Date being adjusted accordingly. A Change Directive shall only be used in the absence of total agreement on the terms of a Change Order. Upon receipt of a Change Directive, the Contractor shall promptly proceed with the change in the Work and advise the City of its agreement or disagreement with the proposed method for determining the proposed adjustment in the Contract Sum and/or Substantial Completion Date, if any, provided in the Change Directive. A Change Directive signed by the Contractor indicates agreement with all terms set forth in the Change Directive. Such agreement shall be effective immediately and shall be recorded as soon as practical with a Change

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Order. If the parties are unable to agree on an adjustment to the Contract Sum and/or Substantial Completion Date, if any, then either party may submit the matter for determination in accordance with Section 21. 14. MINOR CHANGES IN THE WORK: The City shall have the authority to order minor changes in the Work not involving adjustment in the Contract Sum or extension of the Substantial Completion Date and not inconsistent with the Contract documents. The Contractor shall promptly carry out such written orders for minor changes in the Work. 15. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor warrants full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend the City against any loss, cost, liability or damage, including reasonable attorney’s fees, by reason of successful bidder's violation of this paragraph. 16. INDEMNIFICATION: All services to be rendered or performed under this Contract will be rendered or performed entirely at the Contractor’s own risk. The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Contract, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Contract 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 Contractor and the City, its officers, officials, employees and volunteers, the Contractor’s liability hereunder shall be only to the extent of the Contractor’s negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor’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 Contract. 17. TERMINATION: This Contract may be terminated in whole or in part, without penalty, under the following conditions: 1) by mutual written agreement; 2) by the City for breach by the Contractor of any of the obligations or requirements set forth in the Contract Documents which would, at the option of the City, require the Contractor to assume liability for any and all damages, including the excess of re-procuring similar products or services; 3) for convenience of the City; or 4) by the City for non-appropriation of funds. 18. TERMINATION BY THE CITY WITHOUT CAUSE: Notwithstanding any other provisions contained herein, the City, without cause, may terminate the Contract between the parties by providing notice to the Contractor. Upon termination under this section: 1) All remaining obligations of the parties are discharged, but any right based upon breach or performance occurring prior to termination survives; 2) If the reasonable costs of performance incurred by the Contractor prior to termination exceed the amount paid by the City to the Contractor on the Contract Sum, the City shall reimburse the Contractor in the amount of such excess; 3) If the amount paid by the City to the Contractor on the Contract Sum exceeds the reasonable costs of performance incurred by the Contractor prior to termination, the Contractor shall reimburse the City in the amount of such excess; and 4) Any funds obtained or retained by the Contractor as provided in subsections 2) or 3), above, shall constitute full payment and consideration for the services performed by the Contractor prior to termination. 19. COMPLIANCE WITH TERMS: The City may at any time insist upon strict compliance with these terms and conditions, not withstanding any previous custom, practice, or course of dealing to the contrary.

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20. PAYMENT: Contractor shall maintain time and expense records and provide them to the City along with monthly invoices in a format acceptable to the City for work performed to the date of the invoice. All invoices shall be paid by the City within 45 days of receipt of a proper invoice. If the services rendered to not meet the requirements of the Contract, Contractor will correct or modify the work to comply with the Contract. City may withhold payment for such work until the work meets the requirements of the Contract. 21. DISPUTE RESOLUTION: In the event there is a dispute between the parties, the parties agree to resolve that dispute in the following manner: (a) The parties shall attempt in good faith to resolve any dispute promptly through negotiation. Either party may give the other party written notice that a dispute exists (a “Notice of Dispute”). The Notice of Dispute shall include a statement of such party’s position. Within ten (10) days of the delivery of the Notice of Dispute, the parties shall meet at a mutually acceptable time and place and attempt to resolve the dispute; (b) If the parties are unable to resolve the dispute, they may elect to submit the dispute to mediation. The cost of the mediation shall be borne equally by the parties. The mediator shall be selected by the mutual agreement of the parties; (c) If the mediation does not result in a settlement of the dispute, the dispute shall be settled by binding arbitration by the Judicial Arbitration and Mediation Services (“JAMS”) in accordance with the then operative construction rules of JAMS. The parties may select an arbitrator by mutual agreement, or if unable to agree, the arbitrator will be selected pursuant to the rules of JAMS. The parties shall be bound by the decision of such arbitrator. The arbitration shall be conducted in Kitsap County, Washington; provided, if JAMS is unable to conduct the arbitration in Kitsap County, then the arbitration shall be held in such location as the parties may agree after consulting with JAMS. 22. WARRANTY: Contractor shall provide a one (1) year warranty for the work and improvements installed by Contractor pursuant to the Contract, subject to the following terms and conditions: Contractor agrees that the work and improvements installed pursuant to the Contract shall remain free from defects in material, workmanship and installation (or, in the case of landscaping, shall survive,) for a period of twelve (12) months after written and final acceptance of the same and approval by the City. Maintenance is defined as acts carried out to prevent a decline, lapse or cessation of the state of the project or improvements as accepted by the City during the twelve (12) month period after final and written acceptance, and includes, but is not limited to, repair or replacement of defective workmanship, materials or installations. Contractor shall, at its sole cost and expense, carefully replace and/or repair any damage or defects in workmanship, materials or installation to the City-owned real property on which improvements have been installed, and leave the same in as good condition as it was before commencement of the work. City and Contractor agree that in the event any of the improvements or restoration work installed or completed by Contractor pursuant to the Contract fail to remain free from defects in materials, workmanship or installation (or in the case of landscaping, fail to survive), for a period of twelve (12) months from the date of approval/acceptance of the work by the City, Contractor shall repair and/replace the same within ten (10) days of demand by the City, and if Contractor should fail to do so, then Contractor shall: 1. Within twenty (20) days of demand of the City, make written commitment to the City that it will either: a). remedy the default itself with reasonable diligence pursuant to a time schedule

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acceptable to the City; or b). tender to the City within an additional ten (10) days the amount necessary, as

determined by the City, for the City to remedy the default. 2. In the event Contractor fails to make repairs or provide maintenance within the time period

requested by the City, then the City, its employees and agents shall have the right at the City's sole election to enter onto said property described above for the purpose of repairing or maintaining the improvements. This provision shall not be construed as creating an obligation on the part of the City or its representatives to repair or maintain such improvements.

Any corrections required by the City shall be commenced within ten (10) days of notification by the City and completed within thirty (30) days of the date of notification. If the work is not performed in a timely manner, the City shall have the right, without recourse to legal action, to take such action as described above. No change, extension of time, alteration or addition to the work to be performed by Contractor shall affect the obligations of Contractor under this warranty. In addition, Contractor shall perform a walk-through with City representative(s) one (1) year after final acceptance of the project to determine if any repairs or maintenance for defective workmanship, materials, or installations is required. If so, such repairs and maintenance will be undertaken by Contractor pursuant to the timeline and procedures described above.

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CITY OF PORT ORCHARD INSURANCE REQUIREMENTS

The Contractor shall procure and maintain for the duration of the Contract with the City, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees and subcontractors. No Limitation. The Contractor’s maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Minimum Scope of Insurance. The Contractor shall obtain insurance of the types described below:

• Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.

• Commercial General Liability insurance shall be written on ISO occurrence form CG 00

01 and shall cover liability arising from premises, operations, stop gap liability, independent contractors, products-completed operations, personal injury and advertising injury and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide the Aggregate Per Project Endorsement ISO form CG 25 03 11 85 or an equivalent endorsement. There shall be no endorsement or modification of the Commercial General Liability Insurance for liability arising from explosion, collapse or underground property damage. The City shall be named by endorsement as an additional insured under the Contractor’s Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG or substitute endorsements providing equivalent coverage.

• Workers’ Compensation coverage as required by the Industrial Insurance laws of the State

of Washington.

• Builders Risk insurance covering interests of the City, the Contractor, Subcontractors, and Sub-subcontractors in the work. Builders Risk insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. The Builders Risk insurance covering the work will have a deductible of $5,000 for each occurrence, which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor. The Builders Risk insurance shall be maintained until final acceptance of the work by the City.

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• Employer’s Liability insurance limit of $1,000,000 each accident, Employer’s Liability

Disease each employee $1,000,000 and Employer’s Liability Disease – Policy limit $1,000,000.

Minimum Amounts of Insurance. The Contractor shall maintain the following insurance limits:

• Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident.

• Commercial General Liability insurance shall be written with limits no less than

$1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products-completed operations aggregate limit.

• Builders Risk insurance shall be written in the amount of the completed value of the project

with no coinsurance provisions. Other Insurance Provisions. The Contractor’s Automobile Liability, Commercial General Liability and Builders Risk insurance policies are to contain, or be endorsed to contain that they shall be primary insurance as respects the City. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not contribute with it. If any coverage is written on a “claims made” basis, then a minimum of three (3) year extended reporting period shall be included with the claims made policy, and proof of this extended reporting period provided by the City. Contractor’s Insurance for Other Losses. The Contractor shall assume full responsibility for all loss or damage from any cause whatsoever to any tools, including but not limited to the Contractor’s employee-owned tools, machinery, equipment or motor vehicles owned or rented by the Contractor, or the Contractor’s agents, suppliers or contractors as well as any temporary structures, scaffolding and protective fences. Waiver of Subrogation. The Contractor waives all rights against the City, any of its Subcontractors, Sub-subcontractors, agents and employees, for damages caused by fire or other perils to the extent covered by Builders Risk insurance or other property insurance obtained pursuant to this Insurance Requirements Section of the Contract or other property insurance applicable to the work. The Contractor’s insurance shall be endorsed to waive the right of subrogation against the City, or any self-insurance, or insurance pool coverage maintained by the City. The City will not waive its right to subrogation against the Contractor. The Contractor’s insurance shall be endorsed acknowledging that the City will not waive its right to subrogation. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the Automobile Liability and Commercial General Liability

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insurance of the Contractor before commencement of the work. Before any exposure to loss may occur, the Contractor shall file with the City a copy of the Builders Risk insurance policy that includes all applicable conditions, exclusions, definitions, terms and endorsements related to this project. Subcontractors. The Contractor shall have sole responsibility for determining the insurance coverage and limits required, if any, to be obtained by subcontractors, which determination shall be made in accordance with reasonable and prudent business practices. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. Failure to Maintain Insurance. The insurance required by this Section will not be canceled, materially changed or altered without forty-five (45) days prior written notice submitted to the City. Failure on the part of the Contractor to maintain insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days’ notice to the Contractor to correct the breach, immediately terminate the Contract, or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Contractor from the City.

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CITY OF PORT ORCHARD DECLARATION OF OPTION FOR PERFORMANCE

BOND OR ADDITIONAL RETAINAGE

(APPLICABLE TO CONTRACTS OF $150,000 OR LESS – RCW 39.08.010) Note: This form must be submitted at the time the Contractor executes the Contract. The Contractor shall designate the option desired by checking the appropriate space. The Contractor elects to:

________(1) Furnish a performance bond in the amount of the total contract sum. An executed performance bond on the required form is included with the executed contract documents. ________(2) Have the City retain, in lieu of the performance and payment bonds, ten percent (10%) of the total contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. RCW 39.08.010.

In choosing option 2, the Contractor agrees that if the Contractor, its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract, and shall faithfully perform all the provisions of such Contract and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of the Contract that may hereafter be made, at the time and in the manner therein specified, and shall pay all laborers, mechanics, subcontractors, and materialmen, and all persons who shall supply such person or persons, or subcontractors, with provisions and supplies for the carrying on of such work, on his or her part, and shall defend, indemnify, and save harmless the City of Port Orchard, Washington, its officers and agents from any claim for such payment, then the funds retained in lieu of a performance bond shall be released at the time provided in said option 2; otherwise, the funds shall be retained until the Contractor fulfills the said obligations.

__________________________________

Contractor Signature, Date____________ Bond No. _______________________________

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PERFORMANCE AND PAYMENT BOND

CITY OF PORT ORCHARD 2020 LIBRARY LEAK/DAMAGE REPAIR

CONTRACT NO. C019-20 Bond to City of Port Orchard, Washington

Bond No. _____________

We, ___________________________________, and _________________________________________, (Principal) (Surety)

a _________________________________ Corporation, and as a surety corporation authorized to become a surety upon Bonds of Contractors with municipal corporations in Washington State, are jointly and severally bound to the City of Port Orchard, Washington (“Owner”), in the penal sum of _________________________________________________________ Dollars ($_________________), the payment of which sum, on demand, we bind ourselves and our successors, heirs, administrators, executors, or personal representatives, as the case may be. This Performance Bond is provided to secure the performance of Principal in connection with a contract dated_____________, 20___, between Principal and Owner for a project entitled 2020 Library Leak/Damage Repair Contract No. C019-20 (“Contract”). The initial penal sum shall equal 100 percent of the Total Bid Price, including sales tax, as specified in the Proposal submitted by Principal.

NOW, THEREFORE, this Performance and Payment Bond shall be satisfied and released only upon the condition that Principal:

Faithfully performs all provisions of the Contract and changes authorized by Owner in the manner and within the time specified as may be extended under the Contract;

Pays all laborers, mechanics, subcontractors, lower tier subcontractors, material persons, and all other persons or agents who supply labor, equipment, or materials to the Project; and

• Pays the taxes, increases and penalties incurred on the Project under Titles 50, 51 and 82 RCW on: (A) Projects referred to in RCW 60.28.011(1)(b); and/or (B) Projects for which the bond is conditioned on the payment of such taxes, increases and penalties.

The surety shall indemnify, defend, and protect the Owner against any claim of direct or indirect loss resulting from the failure:

Of the Principal (or any of the employees, subcontractors, or lower tier subcontractors of the Principal) to faithfully perform the contract, or

Of the Principal (or any subcontractor or lower tier subcontractor of the Principal) to pay all laborers, mechanics, subcontractors, lower tier subcontractors, material person, or any other person who provides supplies or provisions for carrying out the work.

The liability of Surety shall be limited to the penal sum of this Performance and Payment Bond.

Principle and Surety agree that if the Owner is required to engage the services of an attorney in connection with enforcement of this bond each shall pay the Owner reasonable attorney’s fees, whether or not suit is commenced, in addition to the penal sum.

No change, extension of time, alteration, or addition to the terms of the Contract or to the Work to be performed under the Contract shall in any way affect Surety’s obligation on the Performance Bond. Surety

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hereby waives notice of any change, extension of time, alteration, or addition to the terms of the Contract or the Work, with the exception that Surety shall be notified if the Contract time is extended by more than twenty percent (20%).

If any modification or change increases the total amount to be paid under the Contract, Surety’s obligation under this Performance and Payment Bond shall automatically increase in a like amount. Any such increase shall not exceed twenty-five percent (25%) of the original amount of the Performance and Payment Bond without the prior written consent of Surety.

This Performance and Payment Bond shall be governed and construed by the laws of the State of Washington, and venue shall be in Kitsap County, Washington.

IN WITNESS WHEREOF, the parties have executed this instrument in two (2) identical counterparts this _______ day of _________________, 20 ___.

________________________________________ _______________________________________ Principal Surety

________________________________________ _______________________________________ Signature of Authorized Official Signature of Authorized Official

________________________________________ By ____________________________________ Printed Name and Title Attorney in Fact (Attach Power of Attorney)

Name and address of local office of Agent and/or Surety Company:

Surety companies executing bonds must appear on the current Authorized Insurance List in the State of Washington per Section 1-02.7 of the Standard Specifications.

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ACKNOWLEDGEMENT

Corporation, Partnership, or Individual

STATE OF )

)ss.

COUNTY OF )

On this _____ day of____________, 20____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared________________________, to me known to be the (check one of the following boxes):

_______________________ of __________________________________, the corporation,

_______________________ of __________________________________, the partnership,

individual,

that executed the foregoing instrument to be the free and voluntary act and deed of said corporation, partnership, individual for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument.

WITNESS my hand and official seal hereto affixed the day and year first above written.

Print or type name

NOTARY PUBLIC, in and for the State of Washington

Residing at

My Commission expires:

Notary Seal with Ink Stamp

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SURETY ACKNOWLEDGEMENT

STATE OF )

)ss.

COUNTY OF )

On this _______ day of________________, 20_____, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared___________________, to me known to be the _____________________________ of________________________________, the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he she was authorized to execute said instrument.

WITNESS my hand and official seal hereto affixed the day and year first above written.

_____________________________________________ Print or type name

NOTARY PUBLIC, in and for the State of Washington

Residing at:____________________________________

My Commission expires: _______________________

Notary Seal with Ink Stamp

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APPENDIX A

During the performance of this Agreement, the Contractor, for itself, its assignees, and successors in interest agrees to comply with the following non-discrimination statutes and authorities; including but not limited to:

Pertinent Non-Discrimination Authorities:

• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.

• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects);

• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of sex);

• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 C.F.R. Part 27;

• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits discrimination on the basis of age);

• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex);

• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not);

• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;

• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex);

• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations;

• Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to -ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100);

• Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).

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Agenda Staff Report

Agenda Item No.: Business Item 7F Meeting Date: January 14, 2020 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.

Contract with BHC Consultants, LLC for Public Works Director the 2020 On-Call Engineering Services Atty Routing No.: 005-20 for the Water Systems and Atty Review Date: January 7, 2020 Documenting Procurement Procedures

Summary: On July 11, 2017, the Port Orchard City Council approved Contract No. C049-17 with BHC Consultants, LLC for On-Call Water and Wastewater Engineering Services. Over the course of managing both the City’s On-Call and Concurrency Programs, an overlap of services occurred. Tonight’s action will provide for the clear distinction between the On-Call and the Concurrency Programs for the Water Systems, by providing Contract and Budget Authority for the On-Call Program and Contract Authority for the ‘financial pass-through’ Concurrency Program. Therefore, on December 30, 2019, the City’s Public Works Department selected three (3) qualified firms from the current MRSC Professional Services Roster (see Resolution Exhibit A attached) for the Main Category; Engineering Services and Sub-Category; Water System Planning and Design. Staff then scored each Statement of Qualification (SOQ) and selected BHC Consultants, LLC as being the most qualified professional services engineering firm for the Project. On January 7, 2020, the City received a Scope of Work from BHC Consultants, LLC in an amount not to exceed $100,000.00 for the 2020 Water On-Call Engineering Services. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends that the City Council adopt a Resolution, thereby authorizing the Mayor to execute a Contract with BHC Consultants, LLC in the amount not to exceed $100,000.00 for the 2020 On-Call Engineering Services for the Water Systems and documenting the Professional Services procurement procedures pursuant to RCW 39.80. In addition, Staff recommends that the City Council authorize the Mayor to execute a pending Contract with BHC Consultants, LLC for the Water Systems Concurrency Program administratively. Motion for Consideration: I move to adopt a Resolution, thereby authorizing the Mayor to execute a Contract with BHC Consultants, LLC in the amount not to exceed $100,000.00 for the 2020 On-Call Engineering Services for the Water Systems and documenting the Professional Services procurement procedures pursuant to RCW 39.80. In addition, Staff recommends that the City Council authorize the Mayor to execute a pending Contract with BHC Consultants, LLC for the Water Systems Concurrency Program administratively.

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Staff Report 7F Page 2 of 2

Fiscal Impact: Funding allocated for On-Call services is within the approved 2019-2020 Budget, but given current fund balances, a Budget Amendment may be required. The Concurrency Program, pursuant to POMC 13.04, is a net zero pass-through.

Alternatives: None

Attachments: Resolution w/Exhibit A and Contract.

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BHC CONSULTANTS, LLC FOR THE 2020 ON-CALL ENGINEERING SERVICES FOR THE CITY’S WATER SYSTEMS AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department

annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and

WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC

Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and

WHEREAS, on December 31, 2019, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City’s current Professional Services Roster (see Resolution Exhibit A attached) for the Main Category; Engineering Services and Sub-Category; Water System Planning and Design; and

WHEREAS, the City’s Public Works Department then scored and selected BHC

Consultants, LLC for On-Call Engineering Service for the Water Systems, having been determined as the most qualified professional services engineering firm; and

WHEREAS, on January 7, 2020 the City’s Public Works Department received a viable Project Understanding (Scope and Budget) from BHC Consultants, LLC; and

WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

THAT: The City Council authorizes the Mayor to execute a Contract with BHC Consultants, LLC for 2020 On-Call Engineering Services for the Water Systems in 2020 and adopts the “Whereas” statements contained herein as findings in support of the City’s consultant selection procurement procedures.

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PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 14th day of January 2020. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk

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City of Port Orchard 216 Prospect Street, Port Orchard, WA 98366 (360) 876-4407 • FAX (360) 895-9029 ____

Agenda Staff Report

Agenda Item No.: Business Item 7G Meeting Date: January 14, 2020 Subject: Adoption of a Resolution Approving a Prepared by: Mark Dorsey, P.E.

Contract with BHC Consultants, LLC for Public Works Director the 2020 On-Call Engineering Services Atty Routing No.: 005-20 for the Sanitary Sewer System and Atty Review Date: January 7, 2020 Documenting Procurement Procedures

Summary: On July 11, 2017, the Port Orchard City Council approved Contract No. C049-17 with BHC Consultants, LLC for On-Call Water and Wastewater Engineering Services. Over the course of managing both the City’s On-Call and Concurrency Programs, an overlap of services occurred. Tonight’s action will provide for the clear distinction between the On-Call and the Concurrency Programs for the Sanitary Sewer System, by providing Contract and Budget Authority for the On-Call Program and Contract Authority for the ‘financial pass-through’ Concurrency Program. Therefore, on December 30, 2019, the City’s Public Works Department selected three (3) qualified firms from the current MRSC Professional Services Roster (see Resolution Exhibit A attached) for the Main Category; Engineering Services and Sub-Category; Sewer System Planning and Design. Staff then scored each Statement of Qualification (SOQ) and selected BHC Consultants, LLC as being the most qualified professional services engineering firm for the Project. On January 7, 2020, the City received a viable Scope of Work from BHC Consultants, LLC in an amount not to exceed $70,000.00 for the 2020 On-Call Engineering Services for the Sanitary Sewer System. Relationship to Comprehensive Plan: Chapter 7 - Utilities Recommendation: Staff recommends that the City Council adopt a Resolution, thereby authorizing the Mayor to execute a Contract with BHC Consultants, LLC in the amount not to exceed $70,000.00 for the 2020 On-Call Engineering Services for the Sanitary Sewer System and documenting the Professional Services procurement procedures pursuant to RCW 39.80. In addition, Staff recommends that the City Council authorize the Mayor to execute a pending Contract with BHC Consultants, LLC for the Sanitary Sewer System Concurrency Program administratively. Motion for Consideration: I move to adopt a Resolution, thereby authorizing the Mayor to execute a Contract with BHC Consultants, LLC in the amount not to exceed $70,000.00 for the 2020 On-Call Engineering Services for the Sanitary Sewer System and documenting the Professional Services procurement procedures pursuant to RCW 39.80. In addition, Staff recommends that the City Council authorize the Mayor to execute a pending Contract with BHC Consultants, LLC for the Sanitary Sewer System Concurrency Program administratively.

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Staff Report 7G Page 2 of 2

Fiscal Impact: Funding allocated for On-Call services is within the approved 2019-2020 Budget, but given current fund balances, a Budget Amendment may be required. The Concurrency Program, pursuant to POMC 13.04, is a net zero pass-through.

Alternatives: None.

Attachments: Resolution w/ Exhibit A and Contract.

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RESOLUTION NO. _______

A RESOLUTION OF THE CITY OF PORT ORCHARD, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT WITH BHC CONSULTANTS, LLC FOR THE 2020 ON-CALL ENGINEERING SERVICES FOR THE CITY’S SANITARY SEWER SYSTEM AND DOCUMENTING ARCHITECTURAL & ENGINEERING SERVICES PROCUREMENT PROCEDURES. WHEREAS, pursuant to RCW 39.80, the City of Port Orchard’s Public Works Department

annually publishes the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and

WHEREAS, on June 3, 2013 the City of Port Orchard transitioned to the MRSC

Consultant Roster database, but still publishes annually the general Request for Qualifications (RFQ) for professional engineering, surveying, architecture, structural design and related services for the Professional Services Roster; and

WHEREAS, on December 31, 2019, the City of Port Orchard Public Works Department selected three (3) qualified firms from the City’s current Professional Services Roster (see Resolution Exhibit A attached) for the Main Category; Engineering Services and Sub-Category; Sewer System Planning and Design; and

WHEREAS, the City’s Public Works Department then scored and selected BHC

Consultants, LLC for the 2020 On-Call Engineering Service for the Sanitary Sewer System, having been determined as the most qualified professional services engineering firm; and

WHEREAS, on January 7, 2020 the City’s Public Works Department received a viable Project Understanding (Scope and Budget) from BHC Consultants, LLC; and

WHEREAS, the Port Orchard City Council, at the 2015 recommendation of the State Auditor’s Office, wishes to document their consultant selection process as described above for this particular contract by Resolution; Now, Therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

THAT: The City Council authorizes the Mayor to execute a Contract with BHC Consultants, LLC for the 2020 On-Call Engineering Services for the Sanitary Sewer System and adopts the “Whereas” statements contained herein as findings in support of the City’s consultant selection procurement procedures.

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PASSED by the City Council of the City of Port Orchard, SIGNED by the Mayor and attested by the City Clerk in authentication of such passage on this 14th day of January 2020. ____________________________________ Robert Putaansuu, Mayor ATTEST: ____________________________ Brandy Rinearson, MMC, City Clerk

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City of Port Orchard Special Meeting Holiday Light Tour Minutes December 16, 2019

CALL TO ORDER AND ROLL CALL Mayor Pro-Tem Ashby called the meeting to order at 5:30 p.m. Roll call was taken by the City Clerk as follows:

Mayor Pro-Tem Ashby Present Councilmember Chang Present

Councilmember Clauson Present Councilmember Cucciardi Absent Councilmember Diener Present Councilmember Lucarelli Present Councilmember Rosapepe Present

Mayor Putaansuu Absent Staff present: No staff was present. Citizens present: Heidi Fenton and Pam Garrision. 1. Holiday Light Tour

At 5:30 p.m., Mayor Pro-Tem Ashby and Councilmembers met at City Hall to begin the Holiday Light tour. They visited various locations in Port Orchard to determine who had the best holiday spirit. ADJOURNMENT The meeting adjourned at 7:30 p.m. No other action was taken.

Brandy Rinearson, MMC, City Clerk Bek Ashby, Mayor Pro-Tem

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City of Port Orchard Council Meeting Minutes Regular Meeting of December 17, 2019

1. CALL TO ORDER AND ROLL CALL Mayor Putaansuu called the meeting to order at 6:30 p.m. Roll call was taken by the City Clerk as follows: Mayor Pro-Tem Ashby Present

Councilmember Chang Present Councilmember Clauson Present

Councilmember Cucciardi Absent Councilmember Diener Absent Councilmember Lucarelli Present Councilmember Rosapepe Present

Mayor Putaansuu Present Staff present: Public Works Director Dorsey, Community Development Director Bond, City Attorney Cates, Police Chief Brown, Utility Manager Brown, City Clerk Rinearson, and Office Assistant II Whisenant. A. PLEDGE OF ALLEGIANCE

Mayor Putaansuu led the audience and Council in the Pledge of Allegiance. 2. APPROVAL OF AGENDA MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to add the consent agenda the excusal of Councilmember Diener for business reasons and Councilmember Cucciardi for personal reasons from this evening’s meeting. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to remove the business item 7F Adoption of a Resolution Approving a Contract with GGLO Design for the Downtown/Campus Sub Area and Planned Action EIS. The motion carried. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to add to the business agenda item 7I Discussion on the Letter of Support for SR3 Funding with the United States Navy. The motion carried.

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MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to approve the agenda as amended. The motion carried. 3. CITIZENS COMMENTS

Chief Jeff Faucet, Officer William Schaibly, and Sergeant Donna Main expressed their support for the Behavioral Health Navigator Services and the value it adds to the people of the City. 4. CONSENT AGENDA A. Approval of Voucher Nos. 78389 through 78455 including bank drafts in the amount of

$126,183.80 and Electronic Payments/EFT’s in the amount of $13,859.71 totaling $140,043.51. B. Approval of Payroll Check Nos. 78386 through 78388 including bank drafts and EFT’s in the

amount of $136,539.30; and Direct Deposits in the amount of $184,760.09 totaling $321,299.39. C. Approval of the First Amendment to Contract No. 035-18, with Winward McCormick, LLC for the

McCormick Woods Lift Station #1 and #2 Upgrades (Amendment No. 1 to Contract No. 035-18) D. Added item: Excusal of Councilmember Diener and Cucciardi for Personal Reasons from Tonight's

Meeting

MOTION: By Councilmember Clauson, seconded by Councilmember Chang, to approve the consent agenda as amended. The motion carried. 5. PRESENTATION A. Administering the Oath of Offices Mayor Putaansuu introduced Judge Kevin Kelly, and he is administering the oaths for the evening. Judge Kelley administered oaths to; Mayor Putaansuu, Councilmember Ashby, Councilmember Clauson, Councilmember Rosapepe, and Councilmember Lucarelli.

B. Behavioral Health Navigator Program Chief Brown acknowledged Officer Schaibly’s act of service today of administering the first Narcan for the City, which lead to saving the life of an individual who was in medical crisis with overdosing. Behavioral Navigator Melissa Stern introduced herself and spoke to her experience working in the substance abuse, behavioral, and mental health fields. Provided statistics on the impacts to the City and gave background on the behavioral navigator program.

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6. PUBLIC HEARING

There were no public hearings. 7. BUSINESS ITEMS

A. Approval of an Interlocal Agreement with the City of Poulsbo for Provision of Law Enforcement

Behavioral Health Navigator Services

MOTION: By Councilmember Clauson, seconded by Councilmember Lucarelli, to approve the Mayor signing an ILA between the City of Port Orchard and City of Poulsbo to continue providing for law enforcement Behavioral Health Navigator services. The motion carried. (Contract No. 016-19) B. Adoption of an Ordinance Authorizing a Change in Police Department Staffing from 18 Officers

and 3 Sergeants to 17 Officers and 4 Sergeants

MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to adopt an Ordinance approving the reallocation of one full-time employee (FTE) from Patrol Officer to Police Sergeant, as requested. The motion carried. (Ordinance No. 057-19) C. Adoption of an Ordinance Amending Sections of POMC 10.12.580 and 10.12.600 Regarding

Parking on Public Streets Mayor, councilmembers, and staff discussed concerns of revisions appearing as though the code had removed merchant parking and suggested that additional statement is needed to be added. MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to adopt an Ordinance revising certain parking provisions in POMC 10.12.580 and 10.12.600, as presented and adding to the last sentence on section 1(a) that it read “City parking is limited to four hours maximum and/or merchant parking”. The motion carried. (Ordinance No. 058-19) D. Adoption of a Resolution Adopting the 2020 City Council Meeting Schedule MOTION: By Councilmember Lucarelli, seconded by Councilmember Rosapepe, to adopt a Resolution adopting the 2020 City Council meeting schedule, as presented.

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The motion carried. (Resolution No. 045-19) E. Adoption of a Resolution Accepting the Donation of a Chihuly Inspired Chandelier Art Piece

MOTION: By Councilmember Chang, seconded by Councilmember Rosapepe, to adopt a Resolution accepting a Chihuly inspired chandelier art piece to be displayed at City Hall. Councilmember Ashby suggested for the future to look at creating an art donation acceptance guidelines. The motion carried. (Resolution No. 046-19) F. Adoption of a Resolution Approving a Contract with GGLO Design for the Downtown/Campus

Sub Area and Planned Action EIS G. Approval of a Contract with Inslee, Best, Doezie & Ryder, P.S. for City Attorney Services MOTION: By Councilmember Rosapepe, seconded by Councilmember Chang, to approve a contract with Inslee, Best, Doezie & Ryder, P.S for city attorney services. The motion carried. (Contract No. 015-20) H. Approval of Addendum No. 3 to Contract No. 053-18 with Waterman Investment Partners for

the 640 Bay Street Purchase and Sale Agreement MOTION: By Councilmember Ashby, seconded by Councilmember Clauson, to authorize the Mayor to sign Addendum No. 3 to the real estate purchase and sale agreement for the City’s property at 640 Bay Street, and extend the closing date to March 31, 2020. The motion carried. I. Discussion on the Letter of Support for SR3 Funding with the United States Navy MOTION: By Councilmember Clauson, seconded by Councilmember Ashby, to provide a letter of support to the Navy related to improvements on State Route 3 signed by the councilmembers. 8. DISCUSSION ITEMS (No Action to be Taken) A. 2020 City Council Retreat

Mayor Putaansuu discussed the framework for the Council Retreat and proposed the schedule for that day.

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Mayor and councilmembers provided their input on goals, priorities, and suggested discussion topics at the retreat. 9. REPORTS OF COUNCIL COMMITTEES Councilmember Clauson reported on the Finance Committee meeting held prior to the Council meeting. The next meeting is to be determined. Councilmember Ashby reported the Economic Development and Tourism Committee is scheduled to meet January 13th. Councilmember Lucarelli reported on the December 16th Utility Committee meeting, and the next meeting is scheduled for January 27th. The Sewer Advisory Committee is scheduled to meet February 19th. Announced winners of the 2019 Holiday Light Tour. The next Festival of Chimes and Lights Committee meeting is scheduled for January 13th. Mayor Putaansuu updated the Council on the last Kitsap Transit meeting. 10. REPORT OF MAYOR

The Mayor reported on the following:

• Kitsap County Courthouse Project to have public outreach on January 22nd in the Commissioner’s Chambers;

• Numerous Public Records Request; • Toured the clocktower with Chris Henry from Kitsap Sun; and • Tour of Village Greens to be schedule in January.

11. REPORT OF DEPARTMENT HEADS Public Works Director Dorsey spoke about challenges and expectations discussed with Kitsap County and Kitsap Public Health Department on homeless camps in the City. Also, spoke to employment opportunities. Finance Director Crocker discussed scheduling a Finance Committee meeting in January. Community Development Director Bond developing policies on designated centers with updates to terminology and will be brought forward to Council in the future for review. Expressed reasons as to why business item 7F was removed from the agenda. City Attorney Cates thanked the Mayor and Councilmembers for the opportunity to work with the City. Police Chief Brown expressed gratitude to Mayor and Council for their support in the approved agenda items. Also, discussed timeframe for filling the sergeant position.

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GOOD OF THE ORDER Councilmember Chang notified that Department of Human Resources provided a public training on Narcan that he attended. 12. CITIZEN COMMENTS Gerry Harmon asked about residential parking pass renewals and suggested a different process for renewals. 13. EXECUTIVE SESSION No executive session was held. 14. ADJOURNMENT The meeting adjourned at 8:18 p.m. No other action was taken. Audio/Visual was successful.

Brandy Rinearson, MMC, City Clerk Robert Putaansuu, Mayor

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