108-22 - AHBL, Inc. - ContractDocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
Port Orchard Contract #: 108-22
Authorized Amount: $ 361,965
Date Start: September 13, 2022
Date End: December 31, 2024
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT is entered into by and between the City of Port Orchard,
Washington, a municipal corporation organized under the laws of the State of Washington ("City") and
AHBL, Inc. , ("Consultant") organized under the laws of the State of Washington,
located and doing business at 2215 N 30th St Suite 300, Tacoma Washington 98403-3350, (253) 383-
2422, Wayne Carlson (hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
WHEREAS, the City complied with the requirements for hiring Consultant contained in
Chapter 39.80 RCW;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below,
the parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
The Consultant shall perform those services described on Exhibit "A," which is attached hereto and
incorporated herein by this reference as if set forth in full. In performing such services, the Consultant shall
at all times comply with all federal, state, and local statutes, rules and ordinances applicable to the
performance of such services and the handling of any funds used in connection therewith. The Consultant
shall perform the services diligently and completely and in accordance with professional standards of
conduct and performance. The Consultant shall request and obtain prior written approval from the City if
the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement,
then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able
to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide
the Consultant with a copy of the Grant Funding Agreement.
If the services provided hereunder are funded in whole or in part under a Grant Funding Agreement,
then Consultant will comply with the terms of such Grant Funding Agreement to ensure that the City is able
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to obtain the maximum funding under such Grant Funding Agreement. If this applies, the City will provide
the Consultant with a copy of the Grant Funding Agreement.
2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
❑ LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $
❑ TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $ without written authorization and will be based on the list of billing rates
and reimbursable expenses attached hereto as Exhibit `B."
k TIME AND MATERIALS. Compensation for these services shall be on a time and
materials basis according to the list of billing rates and reimbursable expenses attached hereto as
Exhibit `B."
❑ OTHER
3. 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
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work until the work meets the requirements of the Agreement. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on August 10,
2022 and ending December 31, 2024 unless sooner terminated under the provisions of this Agreement.
The City reserves the right to offer two (2) one-year extensions prior to expiration of the Agreement to
retain the Consultant's services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
D. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed.
5. 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.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or information,
regardless of form or format, and all other materials produced by the Consultant in connection with the
services provided to the City, shall be the property of the City whether the project for which they were
created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant's work for the City are considered
"public records" and are subject to disclosure by the City under the Public Records Act, Chapter 42.56
RCW ("the Act"). Consultant agrees to safeguard and preserve records in accordance with the Act. The
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City may be required, upon request, to disclose the Agreement, and the documents and records submitted
to the City by Consultant, unless an exemption under the Public Records Act applies. If the City receives
a public records request and asks Consultant to search its files for responsive records, Consultant agrees
to make a prompt and thorough search through its files for responsive records and to promptly turn over
any responsive records to the City's public records officer at no cost to the City.
7. Relationship of the Parties; Independent Consultant.
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 City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or contributing to
the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the
Consultant, or any employee 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. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees,
arising out of or resulting from the negligent acts, errors or omissions of the Consultant in performance
of this Agreement, except for injuries and damages caused by the sole 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, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN MUTUALLY
NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
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The Consultant shall procure and maintain for the duration of the 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:
limits:
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.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant's Commercial General Liability insurance policy
with respect to the work performed for the City.
iii. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts oflnsurance. Consultant shall maintain the following insurance
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. 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 Provision. The Consultant's Automobile Liability, Commercial
General Liability, insurance policies are to contain, or be endorsed to contain, that they 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-VII.
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
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additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days' notice to the Consultant 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 Consultant from the City.
H. No Limitation. Consultant's maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the Archivist
in accordance with Chapter 40.14 RCW and by the City.
11. City's Right of Inspection and Audit.
A. 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 terms 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.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in support
of the performance of the service, work products, or outcomes fulfilling the contractual obligations are
the products of the City.
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12. 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.
13. Termination.
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.
i. 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, 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.
ii. 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
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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 the "Notices" Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
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.
B. Violation of this Section 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.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services, labor,
or materials or reasonable substitutes therefor, governmental actions, governmental laws, regulations or
restrictions, civil commotions, casualty, actual or threatened public health emergency (including, without
limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other significant public health
risk), governmental edicts, actions, declarations or quarantines by a governmental entity or health
organization, breaches in cybersecurity, and other causes beyond the reasonable control of the Party
obligated to perform, regardless of whether such other causes are (i) foreseeable or unforeseeable or (ii)
related to the specifically enumerated events in this paragraph (collectively, a "Force Majeure"), shall
excuse the performance of such Party for a period equal to any such prevention, delay or stoppage. To
the extent this Agreement specifies a time period for performance of an obligation of either Party, that
time period shall be extended by the period of any delay in such Party's performance caused by a Force
Majeure. Provided however, that the current COVID-19 pandemic shall not be considered a Force
Majeure unless constraints on a Party's performance that result from the pandemic become substantially
more onerous after the effective date of this Agreement.
16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
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The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit "A." In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non -Appropriation of Funds.
If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense shall
accrue to the City in the event that the terms of the provision are effectuated.
20. Employment of State Retirees.
The City is a "DRS-covered employer" which is an organization that employs one or more members of
any retirement system administered by the Washington State Department of Retirement Systems (DRS).
Pursuant to RCW 41.50.139(1) and WAC 415-02-325(1), the City is required to elicit on a written form
if any of the Contractor's employees providing services to the City retired using the 2008 Early
Retirement Factors (ERFs), or if the Contractor is owned by an individual who retired using the 2008
ERFs, and whether the nature of the service and compensation would result in a retirement benefit being
suspended. Failure to make this determination exposes the City to significant liability for pension
overpayments. As a result, before commencing work under this Agreement, Contractor shall determine
whether any of its employees providing services to the City or any of the Contractor's owners retired
using the 2008 ERFs, and shall immediately notify the City and shall promptly complete the form
provided by the City after this notification is made. This notification to DRS could impact the payment
of retirement benefits to employees and owners of Contractor. Contractor shall indemnify, defend, and
hold harmless the City from any and all claims, damages, or other liability, including attorneys' fees and
costs, relating to a claim by DRS of a pension overpayment caused by or resulting from Contractor's
failure to comply with the terms of this provision. This provision shall survive termination of this
Agreement. By signing this agreement, the Consultant represents the following :
1) NONE of the Contractor's employees providing services to the City retired using the 2008
Early Retirement Factors (ERFs)
2) The Contractor is NOT owned by an individual who retired using the 2008 ERFs
21. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of the
parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
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may request changes to the Agreement. Changes which are mutually agreed upon shall be incorporated
by written amendments to this Agreement.
22. 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.
23. 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.
24. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing and
shall be (a) personally delivered, in which case the notice or communication shall be deemed given on
the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage prepaid,
return receipt requested, in which case the notice or communication shall be deemed given three (3)
business days after the date of deposit in the United States mail; or (c) sent by overnight delivery using
a nationally recognized overnight courier service, in which case the notice or communication shall be
deemed given one business day after the date of deposit with such courier. In addition, all notices shall
also be emailed, however, email does not substitute for an official notice. Notices shall be sent to the
following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
Bwallace&cityofportorchard.us
Phone:360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
AHBL, Inc
2215 N 30th St Suite 300, Tacoma Washington
Phone No.: (253) 383-2422
Email: ACampbellkAHBL.com
25. Resolution of Disputes; Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
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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.
26. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and personnel
engaged in operations covered by this Agreement or accruing out of the performance of those operations.
27. 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
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 Consultant, for itself, its assignees, and
successors in interest agrees as follows:
A. Compliance with Regulations. The Consultant 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.
B. Nondiscrimination. The Consultant, 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 Consultant 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.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In
all solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
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performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant'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.
D. Information and Reports. The Consultant 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 Consultant is in the exclusive possession of another who fails or
refuses to furnish the information, the Consultant will so certify to the City or the FHWA, as appropriate,
and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant'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:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant 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 Consultant 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
Consultant becomes involved in, or is threatened with litigation by a subcontractor, or supplier because
of such direction, the Consultant may request the City to enter into any litigation to protect the interests
of the City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
28. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
29. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
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IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT
By:
Waynl Carlson, FAICP
Title: Principal, Land Use Planner
Date:
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City of Port Orchard and
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CITY OF PORT ORCHARD
uSigned by:
[��
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By•E&&&SDQE�4-E
Robert Putaansuu, Mayor
Date: 9/15/2022
ATTEST/AUTHENTICATE
DocuSigned by:
14
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Docu%Signed by:
Port Orchard City Attorney's Office
DocuSign Envelope ID: BC584FFA-479F-4FBD-84A1-DCCC0180D4CC
EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
Task 1— Gap Analysis of the City"s Planning and Policy Documents
Task 1 will establish the basis for the Comprehensive Plan Update process and will include working with City
staff to accomplish the following:
1.1 Collect Data and Review Current Plans and Policies
The Consultant will work with staff to collect City plans, documents, and data to be reconciled within
the City's Comprehensive Plan update process. The consultant team will prepare a gap analysis matrix
based on the context changes and planning efforts that have occurred since the last Comprehensive
Plan was adopted. Additionally, this review will identify areas of the Comprehensive Plan and
development regulations that may need to be amended in order to comply with changes in the Kitsap
Countywide Planning Policies, the Multi -County Planning Policies, and state law in accordance with
published checklists by the Department of Commerce and the Puget Sound Regional Council.
Furthermore, the audit will identify challenges/opportunities based on consultant team
experience/expertise. The gap analysis will also be used to show the Consultant's work and create a
history for the update process.
This first phase of work will include: Data collection and review; Review of local conditions, how local
conditions have changed since the 2016 Comprehensive Plan update; Identify areas of the City's
Comprehensive Plan and development regulations that may need to be amended to comply with new
or amended state laws and guidance; and Working with the community to identify key concerns that
may be addressed by the update.
Deliverable:
1. Gap Analysis Matrix and Summary Memorandum
Task 2 — Public Engagement
Once the foundational work of Task 1 is nearly complete, Task 2 will focus on developing and putting the Public
Engagement Plan into action.
The implementation of public workshops to gather public input will be key throughout the development of
policy updates, and the methods the Consultant will use to encourage community involvement can vary as
needed. A mixture of traditional methods would be appropriate including posting public notices and attending
public meetings.
2.1 Prepare a Public Participation Plan
The Consultant will work with City staff to create a Public Participation Plan based on the City's Draft
Public Participation Plan that will:
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• Outline the specific public engagement methods proposed for the update process.
• Provide a schedule for proposed activities.
• Describe the kind of outreach materials that will be provided.
The intent of the Public Participation Plan is to:
• Enable the community to be involved in the update.
• Receive public input via a variety of means including open houses/workshops, surveys, focus
groups, etc.
• Facilitate plan adoption and implementation, anticipating political influences that may
otherwise make it difficult.
• Contact outside stakeholders who will help in plan implementation, such as neighboring City
and County agencies, South Kitsap School District, WSDOT, and other community
organizations and individuals.
• Increase public awareness of the City's planning efforts and empower the public to participate
in the update process.
• Establish standards for the timing and distribution of notices, as well as receiving and
responding to public comments.
The plan and supporting documents will be made public and available throughout the update on the
City's website.
Deliverable:
1. Port Orchard Public Participation Plan
2.2 Public Workshops
Public workshops will allow the City to seek feedback from the community on their priorities, reactions
to plan alternatives, and explain decisions the City makes. The Consultant will take a lead role in
planning and then facilitating workshops. Alternatively, the Consultant can provide support to City
staff in the form of preparing materials and outreach items for City staff to use at staff -led workshops,
should the City want to schedule additional workshops.
The Consultant commits to provide an engagement program that invites community participation and
rewards it. The Participation Plan will be accessible and exciting, giving participants insight into the
City's plans for the community's future. It will show how individual actions can influence the City's
course.
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2.2.1 Update Kick-off and Visioning Workshop
The Consultant will work with City staff to introduce the update effort in a public setting. The
scope of the Update process and the underlying regulatory requirements will be identified. An
anticipated schedule of Update tasks, including the development of Subarea Plans, will be
provided to facilitate public involvement throughout the process. The public will be
encouraged to provide high-level feedback that can be used to guide the Update process, with
more detailed and content -specific feedback to be provided in subsequent Workshops.
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshop.
2.2.2 Policy Workshop
Broad topics will be discussed to address the large question, "What policy updates does the
community feel are needed, given growth and changes since the City's last major
Comprehensive Plan Update in 2016?"
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshop.
2.2.3 Land Use Strategies Workshop
The Consultant will work with City staff to present a series of land use strategies that could be
used to enact the City's vision and policy framework. The direction given by the public for land
use will inform the development of the other elements of the Comprehensive Plan, especially
the housing, transportation, and capital facilities elements. The Consultant shall work
cooperatively with other City consultants to share data upon request.
Deliverable:
1. Memorandum summarizing the purpose and results of the workshop, as well as the
materials prepared for and created by the workshops.
Task 3 — Draft Subarea Plan Development
Once the foundational work of Task 1 and Task 2 are underway, Task 3 will focus on the work required for the
Draft Bethel North and South Subarea Plans. The Consultant anticipates that two separate Subarea Plans will
be required for this area based on PSRC Countywide Center size limits; however, the underlying analysis and
outreach for the Bethel Subarea Plans can occur in one consolidated effort. It is anticipated that the Draft
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Subarea Plans can be developed concurrently with the Draft Comprehensive Plan Update detailed in Task 4
below.
3.1 Existing Conditions Analysis
The Consultant will review existing plans, studies, regulations, and vision documents that affect or may
influence the study area. The Consultant will create a series of base maps to graphically depict existing
conditions using readily available GIS data and site observations. This Task will identify the boundaries
of the Bethel North and Bethel South Subarea Plans.
3.2 Demographic/Market Analysis
The Consultant will review the Comprehensive Plan (including updated items identified in Task 4
below) and Census data to confirm the current portrait/confirmation of the population forecasts and
household characteristics. The Consultant will review past studies and update the market conditions
within the broader Kitsap County market to understand the real estate market fundamentals of the
area, such as land value, rental rates, vacancy, and development trends. The analysis will focus on
industrial, commercial, and residential uses.
3.3 Design Analysis
The Consultant will create up to three (3) land use/urban design alternatives to illustrate various
scenarios of how the study area could be developed/redeveloped and evolve over time. The plans will
be created as diagrammatic, plan -view concepts that depict primary roadways, land uses, open space
areas, natural features, and special landmarks. The consultant team will craft and compile supporting
graphics to illustrate the alternatives. The number and scope of these graphics will be determined
during the process as agreed upon by the City and based on the available budget. Examples include a
combination of photographs, perspective sketches, cross-section drawings, and conceptual 3D massing
models. These alternatives will be used to engage the public to select desirable components and
design elements. Such engagement will occur in accordance with the Public Participation Plan detailed
in Task 2 above.
Deliverable:
1. Up to three (3) Land Use/Urban Design Concepts for the Bethel North Subarea Plan.
2. Up to three (3) Land Use/Urban Design Concepts for the Bethel South Subarea Plan.
3.4 Land Use/Urban Design Plan
The Consultant will create a locally -preferred Land Use/Urban Design Plan that represents the
recommended concept plan for the study area. The plan will be created as a diagrammatic, planview
concept that depicts future land use and transportation. The plan will be further illustrated as a series
of Framework Plans that graphically represent Land Use, Transportation (roadways/trails), Open
Space, and Utilities. This arrangement will allow elements of the plan to be displayed on individual
plan sheets and specific detail can be provided to ensure project implementation and future planning.
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Deliverable:
1. Urban Design Plan for the Bethel North Subarea Plan.
2. Urban Design Plan for the Bethel South Subarea Plan.
3.5 Technical Analysis
The Consultant will provide a technical review of the proposed Land Use/Urban Design Plan. The
Consultant will provide technical recommendations and guidance to ensure that the plan elements are
realistic and cost-effective. The team will use existing studies as the basis of their analysis and contrast
with the proposed land use intensities in the subarea plans. This Task includes reviewing and
incorporating the adopted Bethel Sedgwick Corridor Study.
3.6 Prepare First Complete Drafts of the Subarea Plans
The Consultant will create project documents that serve as the policy and strategy plan for the area.
The documents will recap the public process, summarize the demographic/market conditions and
opportunities, present the Urban Design Plan, establish associated policies, and recommend action
items that will lead to the project implementation. The Consultant will ensure that the documents are
consistent with the Comprehensive Plan Updates identified in Task 4 below.
DPlivernhle-
1. First Draft of the Bethel North and Bethel South Subarea Plans.
3.7 Prepare Revised Final Draft of the Subarea Plans
The Consultant will coordinate with City Staff to ensure the Draft plans have been updated in
accordance with feedback received during the Draft Plan process identified in Task 3.6. The Final Draft
Plans will be routed to City Staff for final review ahead of Adoption services detailed in Task 5.
neliverahle-
1. Revised final draft of the Bethel North and Bethel South Subarea Plans.
3.8 Public Workshop with Subarea Plans
The consultant will work with City staff to present the revised final draft subarea plans prepared as
part of Task 3.7 to the public for comment and review.
Deliverable:
1. Materials prepared for the workshop — PowerPoint presentation and the Plan.
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Task 4 — Draft Comprehensive Plan Update
Once the foundational work of Task 1 and Task 2 are underway, Task 4 will focus on the work required for the
draft Comprehensive Plan Update. It is anticipated that Task 3 and Task 4 will occur concurrently. This task will
include the following:
• Updating the priority elements and combining elements where appropriate, following the general
steps outlined at the beginning of the scope.
• Writing updated and new goals and policies where needed to respond to the existing conditions
findings in Task 1, current best practices, and incorporate community feedback in Task 2
• Using the gap analysis matrix prepared under Task 1.1 as a tool to show the Consultant's work and
create a clear record of the update for use during the adoption phase (Task 5). The gap analysis matrix
will also be helpful in providing a roadmap or work plan to make further updates to the plan that
would be helpful, desirable, or prudent, but beyond the immediate needs of processing an update to
satisfy the GMA periodic update requirements.
• Creating clear connections between data, policies, strategies, and implementation programs.
• Provide a short memorandum to City staff to record and list additional items which should be
considered for future amendments. This will include items generated from public comment,
information which is outdated, opportunities to make the plan more complete, or best practices.
4.1 Prepare First Complete Draft of the Document
The work under this task will include the following:
1. Determine how the City wants to organize, streamline, and trim the document (eliminating
unnecessary sections).
2. Within the framework of the existing vision statement, update any goals, policies, and strategies that
need to be strengthened, re -written or re -tooled for GMA compliance in all elements. Update tables,
maps and graphics that require updating in order to assure compliance with GMA.
3. Update the required Plan Elements as follows:
• Introduction — Some minor changes are needed to update this chapter, including updates to be
consistent with other changes made in association with this Update process.
Dpliverahles-
1. Draft Introduction for staff and public review and comment in paper and electronic
formats.
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Land Use — The Consultant will work closely with the City staff on this element as it provides the
growth assumptions that will affect all the other elements. The Consultant will update land use
capacity analysis, review the most current population projections from Kitsap County and OFM,
adjust those projections to reflect local conditions, and provide a more detailed analysis of the
City's growth and population trends and future land use needs. This work would include reviewing
the City's existing land use policies and ensuring that they are consistent with the updated land
use capacity analysis, the Countywide Planning Policies, and PSRC's VISION 2050. This work will
involve examination of centers designations, boundaries, and goals and policies for those centers
lacking a subarea plan. The Consultant will work with City staff and stakeholders to recommend
new policies if gaps are identified to help direct growth and development.
Deliverables:
1. Draft Land Use section for staff and public review and comment in paper and electronic
formats.
• Housing — The Consultant will work with staff to apply the updated land use development
assumptions, analyze new data and update the housing inventory based on projected housing
needs. The Consultant will incorporate goals and policies that are developed as part of the Housing
Action Plan (existing City contract No. 069-22) and address affordable housing within the City as
required by E2SHB 1220.
Deliverables:
1. Draft Housing section for staff and public review and comment in paper and electronic
formats.
• Parks —The Consultant will work with City staff to revise, if necessary, the goals and policies
regarding the City's parks for consistency with the City's recently adopted parks plan.
Deliverables:
1. Draft Parks section for staff and public review and comment in paper and electronic
formats.
• Natural Systems —The Consultant will work with City staff to incorporate updates to the City's
Critical Areas Code into this element. The Consultant will also explore opportunities to incorporate
additional goals and policies surrounding sustainability into the City's Comprehensive Plan.
Deliverables:
1. Draft Natural Systems section for staff and public review and comment in paper and
electronic formats.
• Climate —The Consultant will develop this new section of the Plan in accordance with the guidance
established by the GMA in relation to climate mitigation and resilience planning. As an optional
element of the Update process, the Consultant will coordinate with City staff to determine the
scope of this section.
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Deliverables:
1. Draft Climate section for staff and public review and comment in paper and electronic
formats.
• Economic Development —The Consultant understands the City desires a light refresh to the
economic development chapter. The Consultant shall perform a high-level citywide market
assessment to establish baseline and future economic conditions and ensure the goals, policies,
and specific actions outlined in the Comprehensive Plan are realistic. This assessment will also
provide the City with information about opportunities for growth, barriers and constraints to
development and economic prosperity, overall demand for different land use types, development
and economic (industry and employment) trends, the likely timing of new investment, and other
conditions. The assessment also sets the stage for the subarea planning tasks and will allow the
team to seamlessly transition from a citywide perspective to a smaller area perspective needed for
subarea plans.
Deliverables:
1. Draft Economic Development section for staff and public review and comment in paper
and electronic formats.
• Utilities — The Consultant will work with City staff to update the chapter to incorporate information
from the City's utility providers as well as a focus on utility information from other utility providers
both within and near Port Orchard, including internal departments, West Sound Utility District,
and the City of Bremerton.
Deliverables:
1. Draft Utilities section for staff and public review and comment in paper and electronic
formats.
• Transportation — The Consultant will work with the City's existing consultant (City contract No.
006-22) to update this section in accordance with updates to the City's transportation model and
Plan transportation element that have already been developed. The existing conditions models
that have been calibrated by the City's existing consultant will be utilized to generate future
forecasts for land use and transportation improvement projects.
Deliverables:
1. Draft Transportation section for staff and public review and comment in paper and
electronic formats.
Capital Facilities — The Consultant will provide a capital facilities inventory and analysis as part of
this Update. This will include facilitating meetings with the City to focus on (1) needs and issues,
(2) vision and meeting growth needs, and (3) reviewing the draft plan. Ensuring cohesion with
other City policy documents, including utility system plans, transportation plans, and other
planning documents, will enable the creation of a comprehensive capital improvement projects
list.
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Deliverables:
1. Draft Capital Facilities section for staff and public review and comment in paper and
electronic formats.
• Appendices — Referenced documents from other internal and external agencies will be updated as
applicable, including other plans adopted by reference, subarea plans within the City, and the
City's Capital Facilities Plan.
Deliverables:
1. Draft Appendices for staff and public review and comment in paper and electronic
formats.
4.2 Prepare Revised Draft of Comprehensive Plan
After City staff completes its review of the complete final draft of the plan prepared as part of Task 4.1,
the Consultant will prepare a revised final draft of the plan that will be presented to the public.
Deliverable:
1. Revised final draft of the Comprehensive Plan.
4.3 Public Workshop for Comprehensive Plan Update
The consultant will work with City staff to present the revised final draft plan prepared as part of Task
4.2 to the public for comment and review.
Deliverable:
1. Materials prepared for the workshop — PowerPoint presentation and the Plan.
Task S —SEPA Environmental Review, Final Drafts, and Adoption
This task focuses on the public plan adoption process and production of the final documents. The Consultant
shall participate in several study sessions and a hearing before the Planning Commission, a study session and a
hearing before the City Council, and revisions to the plan as necessary to conform to the direction of the
Planning Commission and City Council. Additional hearings or more extensive plan revisions may require
increased City staff participation to maintain the project's budget.
Our work on this task will focus on:
• Preparing the final draft plan for SEPA environmental review and Department of Commerce review.
• Preparing the development code assessment and amendments to the development code.
• Working with City staff to present the Update and Subarea Plans to the Planning Commission and the
City Council.
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5.1 Draft Plans and SEPA Checklist
The draft plan will propose an overall vision and policy framework in compliance with GMA. The
Consultant intends to integrate environmental documentation in the plan. This task will culminate with
a non -project SEPA Checklist for public comment and transmittal to Ecology and interested agencies
during environmental review.
Deliverable:
1. Revised final draft of the Comprehensive Plan.
2. Revised final drafts of the Bethel North and Bethel South Subarea Plans.
3. SEPA Checklist
5.2 Planning Commission Meetings
The Consultant will present the plan at up to three Planning Commission study sessions and one public
hearing, to answer questions and facilitate commission discussion and consideration.
Deliverables:
1. Materials prepared for the study session and public hearing.
5.3 City Council Meetings
The Consultant will present the plan at one City Council study session and one City Council public
hearing, to answer questions and facilitate discussion and consideration.
Deliverables:
1. Materials prepared for the study session and public hearing.
5.4 Final Plans
The Consultant will make one final plan revision to incorporate recommendations from the Planning
Commission and changes adopted by the City Council, delivering the final Plans in both PDF and
Microsoft Word formats for City reproduction and distribution.
Deliverable:
1. Final Comprehensive Plan Update.
2. Final Bethel North and Bethel South Subarea Plans.
3. All material/data that has been created in association with the Final Comprehensive Plan
Update and Subarea Plans, including GIS data, plans, and graphics. Deliverables shall be
provided in Word with all images provided in original format, tables in Excel, shapefiles, etc.
Task 6 — Development Regulations and Critical Areas Code Update
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This task focuses on implementing the revisions to planning policy materials in relation to the development of
the Subarea Plans and Comprehensive Plan Updates. Tasks 6.1 and 6.2 will provide revisions based on the gap
analysis done in Task 1 and within the context of final language of planning policy materials developed in Tasks
3 and 4.
6.1 Development Regulations Update
The Consultant will compare the updated comprehensive plan's policies with the City's adopted
development regulations through a gap analysis matrix, identifying those areas where the codes will
need changing to comply with policy direction, outlining options for prioritizing code amendments by
overall importance. The Consultant will include suggestions for updating the City's zoning map and
zoning code to be consistent with the updated land use designation map and Comprehensive Plan.
Deliverable:
1. Draft Development Regulation Gap Analysis in paper and electronic formats.
2. Final Development Regulation Gap Analysis in paper and electronic formats.
6.2 Critical Areas Code Update
The City's critical areas regulations are key to protecting natural systems. The Consultant will review
the Port Orchard's critical areas regulations for compliance with GMA using best available science
(BAS) related to critical areas. It is assumed that identifying any data gaps through a BAS analysis will
be sufficient to update the critical areas regulations. Technical support and coordination with City staff
will also occur to assist with identifying deficiencies within the existing critical areas regulations in
relation to applicable critical areas application materials, review, and permitting.
Dpliverahlp-
Draft Critical Areas Code updates for staff and public review and comment in paper and
electronic formats.
Final Critical Areas Code updates for staff and public review and comment in paper and
electronic formats.
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EXHIBIT B
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below or attached hereto, as Exhibit B. This is a multi -year contract and the rates
may be increased after the first or second year, if rates are increased the Consultant shall provide the
City with a minimum of a 60-day advance notice for raising rates and a limited rate increase limitation
of no more than annual CPI-U for Seattle/Tacoma/Bellevue.
AHBL:
• Wayne Carlson, FAICP — Managing Principal, $225/hour
• Alex Campbell, AICP — Planning Project Manager, $150/hour
• Alex Mann — Planner 4, $130/hour
• Carmen Smith — Planner 3, $115/hour
MAKERS:
• Bob Bengford, AICP — Principal/Planner, $220/hour
• Scott Bonjukian, AICP — Urban Designer, $135/hour
• Markus Johnson — Planner/Urban Designer, $105/hour
LELAND CONSULTING GROUP:
• Chris Zahas, AICP — Managing Principal, $225/hour
• Jennifer Shuch — Analyst, $150/hour
GRETTE ASSOCIATES:
• Matthew Boyle — Senior Scientist, $242/hour
• Chad Wallin — Biologist 3, $142/hour
TRANSPORTATION SOLUTIONS:
• Victor L. Salemann, AICP — President/Engineer VIII, $263.50/hour
• Andrew Bratlien, PE — Senior Transportation Engineer/Engineer V, $189.50/hour
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APPENDIX A
During the performance of this Agreement, the Consultant, 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
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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 sec).
City of Port Orchard and
Public Works Project No.
Professional Service Agreement Contract No.
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Updated 4/2022 IBDR