01/14/2020 - Regular - Packet
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 Page 17
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 Page 2 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
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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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 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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KC-056-18A
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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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KC-056-18A
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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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KC-056-18A
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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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KC-056-18
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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KC-056-18
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.
Page 2 of 5
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KC-056-18
• 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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KC-056-18
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 COMMISSIONERS
OUNTY, WASHINGTON
CITY OF PORT ORCHARD
Kf
ROBERT PUTAANSUU, Mayor ROB GELDBR, Chair
5fSEAL j |
•.u>
EDWARD E. WOLFE, Commissioner
CHARLOTTE GARRIDO, Commissioner
ATTESTATTEST
'noofu Dana Daniels, Clerk of the BoardSignature
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KC-056-18
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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Minutes of December 10, 2019
Page 3 of 6
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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Minutes of December 10, 2019
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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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Minutes of December 10, 2019
Page 5 of 6
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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Minutes of December 10, 2019
Page 6 of 6
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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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 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
Page 23 of 208
This Page Intentionally Left Blank
Page 24 of 208
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 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.
Page 26 of 208
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.
Page 27 of 208
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
1 of 8
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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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________ Rev 7/18/2019
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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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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________ Rev 7/18/2019
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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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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________ Rev 7/18/2019
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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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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________ Rev 7/18/2019
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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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Public Works Project No. _________
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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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City of Port Orchard and __________
Public Works Project No. _________
Professional Service Agreement Contract No. ________ Rev 7/18/2019
8 of 8
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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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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• 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:
Preparation of digital presentation materials and attendance as required at up to (1) public
meeting.
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:
Preparation of digital presentation materials and attendance as required at up to (1) public
meeting.
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, WA1/9/2019TEAM MEMBERTASK TOTALTERMSLABORGGLOHourly Estimate$18,000$16,000$36,500$15,000$85,500EA* - EnvironmentalHourly Estimate$0$0$55,550$12,650Heartland* - Real Estate AdvisoryHourly Estimate$19,800$0$0$037,800$ 16,000$ 92,050$ 27,650$ 173,500$ Engineering / Infrastructure / TransportationTSI* - TransportationHourly Estimate$0$0$9,405$0Reid Middelton* - Storm WaterHourly Estimate$0$0$8,800$0BHC* - Water / SanitaryHourly Estimate$0$0$13,640$0-$ -$ 31,845$ -$ 31,845$ **Estimated Reimbursable ExpensesProject TeamEstimate-$ 500$ 500$ 500$ 1,500$ TOTAL37,800$ 16,500$ 124,395$ 28,150$ 206,845$ *Consultant fees included GGLO 10% administration feeSubtotal$19,800TASK 100SUBAREA PLANKICK-OFF / ANALYSISTASK 110INITIAL VISIONINGTASK 120DESIGN & EXPLORATION / EIS PHASE 1 &2TASK 130FINAL 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$13,640SubtotalPage 56 of 208
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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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-hou se pr oductions 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 EISExhibit D - Conceptul Project ScheduleProject TimelineMonthPhase TaskTimeline12341234123412341234123412341234123412341234123412341234-Notice to ProceedContract Approval1Project Kick-off / Logistics / Management 2PSRC Meeting3Data Collection / Base Mapping4Market Economic Analysis 5Leadership Workshop6Neighborhood / Stakeholder Meetings7Public Engagement - Initial8Analysis & Visioning Summary9Draft Subarea Plan Strategies10EIS Initiation / Preliminary Draft EIS11Public Engagement - EIS Scoping12Infrastructure Reports and analysis13Draft EIS14Public Engagement - Draft EIS / Alternatives15Final EIS / PAO16Final Sub Area Plan17Final Reporting / PAO AdoptionHolidayNick OutHolidayHolidayHolidayHolidayHolidaySchedule Key:Team Leaderhsip MeetingLeadership / Steakholder Meeting (at GGLO)Public MeetingTask 100 Kick-off / Anlysis1/9/2020DECTask 110 VisioningTask 120 Design Alternativesand ExplorationTask 130 Draft-Final Plan 112NOV7 8JUN JULSEP OCT13 14DEC JAN9 10 11AUGJAN FEB MAR APRMAY23456Page 64 of 208
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 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,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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.
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
216 Prospect Street, Port Orchard, WA 98366
(360) 876-4407 • FAX (360) 895-9029
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,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, HEREBY RESOLVES
AS FOLLOWS:
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.
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
Page 89 of 208
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 No
Project 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 Exhibits
Exhibit 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:
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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 Work
The 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 Work
The 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 Requirements
All 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.
Agreement Number:
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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 Completion
The 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.
Agreement Number:
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V.Payment Provisions
The 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 the
CONSULTANT’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 necessary
to fulfill the terms of this AGREEMENT. The CONSULTANT shall maintain support data to verify the
direct salary costs billed to the AGENCY.
2.Indirect Cost Rate (ICR) Costs: ICR Costs are those costs, other than direct costs, which are included as
such on the books of the CONSULTANT in the normal everyday keeping of its books. Progress payments
shall be made at the ICR rates shown in attached Exhibits “D” and “E” of this AGREEMENT. Total
ICR payment shall be based on Actual Costs. The AGENCY agrees to reimburse the CONSULTANT
the actual ICR costs verified by audit, up to the Maximum Total Amount Payable, authorized under this
AGREEMENT, 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 (prime
and all sub-consultants) will submit to the AGENCY within six (6) months after the end of each firm’s fiscal
year, an ICR schedule in the format required by the AGENCY (cost category, dollar expenditures, etc.) for
the purpose of adjusting the ICR rate for billings received and paid during the fiscal year represented by the
ICR schedule. It shall also be used for the computation of progress payments during the following year and
for retroactively adjusting the previous year’s ICR cost to reflect the actual rate. The ICR schedule will be
sent to Email: ConsultantRates@wsdot.wa.gov.
Failure to supply this information by either the prime CONSULTANT or any of their sub-consultants shall
cause the AGENCY to withhold payment of the billed ICR costs until such time as the required information
is 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 the
CONSULTANT’S books and records at any time during regular business hours to determine the actual ICR
rate, if they so desire.
3.Direct Non-Salary Costs: Direct Non-Salary Costs will be reimbursed at the Actual Cost to the
CONSULTANT. 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 be
reimbursed only to economy class levels unless otherwise approved by the AGENCY. The CONSULTANT
shall 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, and
revisions thereto. Air, train, and rental car costs shall be reimbursed in accordance with 48 Code of Federal
Regulations (CFR) Part 31.205-46 “Travel Costs.” The billing for Direct Non-Salary Costs shall include an
itemized listing of the charges directly identifiable with the PROJECT. The CONSULTANT shall maintain
the original supporting documents in their office. Copies of the original supporting documents shall be
supplied to the AGENCY upon request. All above charges must be necessary for the services provided
under this AGREEMENT.
Agreement Number:
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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 and
the estimated person-hours required to perform the stated Scope of Work. In the event the CONSULTANT
enters into a supplemental AGREEMENT for additional work, the supplemental AGREEMENT may
include provisions for the added costs and an appropriate additional fee. The Fixed Fee will be prorated
and paid monthly in proportion to the percentage of work completed by the CONSULTANT and reported
in the Monthly Progress Reports accompanying the billings. Any portion of the Fixed Fee earned but not
previously paid in the progress payments will be covered in the final payment, subject to the provisions of
Section IX entitled “Termination of Agreement.”
5.Management Reserve Fund (MRF): The AGENCY may desire to establish MRF to provide the Agreement
Administrator with the flexibility to authorize additional funds to the AGREEMENT for allowable
unforeseen costs, or reimbursing the CONSULTANT for additional work beyond that already defined in
this AGREEMENT. Such authorization(s) shall be in writing and shall not exceed the lesser of $100,000 or
10% of the Total Amount Authorized as shown in the heading of this AGREEMENT. The amount included
for the MRF is shown in the heading of this AGREEMENT. This fund may not be replenished. Any
changes 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 the
CONSULTANT under this AGREEMENT shall not exceed the amount shown in the heading of this
AGREEMENT. The Maximum Total Amount Payable is comprised of the Total Amount Authorized, and
the MRF. The Maximum Total Amount Payable does not include payment for Extra Work as stipulated in
Section 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 of
Actual Costs plus the ICR and calculated fee on a monthly basis during the progress of the work. Such billings
shall be in a format approved by the AGENCY and accompanied by the monthly progress reports required under
Section III, “General Requirements” of this AGREEMENT. The billings will be supported by an itemized
listing for each item including Direct (RAW) Labor, Direct Non-Salary, and allowable ICR Costs to which will
be added the prorated Fixed Fee. To provide a means of verifying the billed Direct (RAW) Labor costs for
CONSULTANT employees, the AGENCY may conduct employee interviews. These interviews may consist of
recording the names, titles, Direct (RAW) Labor rates, and present duties of those employees performing work
on 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 made
promptly 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 related
documents which are required to be furnished under this AGREEMENT. Acceptance of such Final Payment by
the CONSULTANT shall constitute a release of all claims for payment, which the CONSULTANT may have
against the AGENCY unless such claims are specifically reserved in writing and transmitted to the AGENCY by
the CONSULTANT prior to its acceptance. Said Final Payment shall not, however, be a bar to any claims that
the AGENCY may have against the CONSULTANT or to any remedies the AGENCY may pursue with respect
to such claims.
The payment of any billing will not constitute agreement as to the appropriateness of any item and at the time
of final audit; all required adjustments will be made and reflected in a final payment. In the event that such
final audit reveals an overpayment to the CONSULTANT, the CONSULTANT will refund such overpayment to
the AGENCY within thirty (30) calendar days of notice of the overpayment. Such refund shall not constitute
a waiver by the CONSULTANT for any claims relating to the validity of a finding by the AGENCY of
overpayment. The CONSULTANT has twenty (20) working days after receipt of the final POST AUDIT to
begin the appeal process to the AGENCY for audit findings.
Agreement Number:
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D.Inspection of Cost Records: The CONSULTANT and their sub-consultants shall keep available for inspection
by representatives of the AGENCY and the United States, for a period of six (6) years after receipt of final
payment, the cost records and accounts pertaining to this AGREEMENT and all items related to or bearing upon
these 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 and
accounts 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 the
State Auditor, WSDOT’s Internal Audit Office and/or at the request of the AGENCY’s Project Manager.
VI.Sub-Contracting
The 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 Interest
The 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
Agreement Number:
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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. Nondiscrimination
During 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 Agreement
The 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
Agreement Number:
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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 Work
The 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. Disputes
Any disputed issue not resolved pursuant to the terms of this AGREEMENT shall be submitted in writing within
10 days to the Director of Public Works or 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.
Agreement Number:
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XII.Legal Relations
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.
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.
Agreement Number:
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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.
Agreement Number:
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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 Work
A. 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 Plans
If applicable, the CONSULTANT shall place their endorsement on all plans, estimates, or any other engineering
data furnished by them.
XV. Federal Review
The 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 Agency
Attached 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.
Agreement Number:
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XVII.Complete Agreement
This 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 Acceptance
This 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 Information
The 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.
Agreement Number:
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Revised 3/11/2016
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 Maintenance
During 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,
Agreement Number:
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Revised 3/11/2016
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.
Agreement Number:
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WSDOT Form 140-089 EF Exhibit A Page 1 of 1
Revised 10/30/2014
Exhibit A
Scope of Work
Project No.
Agreement Number:
Page 104 of 208
Exhibit A
Scope of Services
City of Port Orchard
Bay Street Pedestrian Pathway
NEPA Update Services
December 2019
Prepared by:
GeoEngineers, Inc
17425 NE Union Hill Rd Suite 250,
Redmond, WA 98052
Page 105 of 208
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.
Page 106 of 208
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 to
complete 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 round
in 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
Agreement Number:
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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
Agreement Number:
Page 109 of 208
WSDOT Form 140-089 EF Exhibit C Page 2 of 4
Revised 10/30/2014
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
Agreement Number:
Page 110 of 208
WSDOT Form 140-089 EF Exhibit C Page 3 of 4
Revised 10/30/2014
II. Any Other Electronic Files to Be Provided
III. Methods to Electronically Exchange Data
Page 111 of 208
WSDOT Form 140-089 EF Exhibit C Page 4 of 4
Revised 10/30/2014
A. Agency Software Suite
B. Electronic Messaging System
C. File Transfers Format
Page 112 of 208
WSDOT Form 140-089 EF Exhibit D Page 1 of 1
Revised 10/30/2014
Exhibit D
Prime Consultant Cost Computations
Agreement Number:
Page 113 of 208
Exhibit D
Cost Computations
City of Port Orchard
Bay Street Pedestrian Pathway
NEPA Update Services
December 2019
Prepared by:
GeoEngineers, Inc
17425 NE Union Hill Rd Suite 250,
Redmond, WA 98052
Page 114 of 208
EXHIBIT D
Cost Computations
Geoengineers, Inc.
City of Port Orchard
Bay Street Pedestrian Pathway
Sheet of 1 3
12/20/2019
Prepared by: Joe Callaghan
NEPA Update Services
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): $7,203.56
OH 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 items
are requested, or the project hours exceed those indicated above, the unit rates shown
will be used as a basis for any additional cost.
Page 115 of 208
EXHIBIT D
Cost
Computation
Geoengineers, Inc.
City of Port Orchard
Bay Street Pedestrian Pathway
Sheet of 2 3
12/20/2019
Prepared by: Joe Callaghan
NEPA Update Services
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
Page 116 of 208
EXHIBIT D
Cost
Computation
Geoengineers, Inc.
City of Port Orchard
Bay Street Pedestrian Pathway
Sheet of 3 3
12/20/2019
Prepared by: Joe Callaghan
NEPA Update Services
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
Page 117 of 208
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.
Agreement Number:
Page 118 of 208
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:
Page 119 of 208
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
Agreement Number:
Page 120 of 208
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-1(a) Certification of Consultant
I 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 of
any 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 solely
for me or the above CONSULTANT) any fee, contribution, donation, or consideration of any kind for, or in
connection 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
Agreement Number:
Page 121 of 208
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
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 consideration
of 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
Agreement Number:
Page 122 of 208
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
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 voluntarily
excluded 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 judgment
rendered 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 under
a 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 receiving
stolen 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 public
transactions (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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)Date
Agreement Number:
Page 123 of 208
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-3 Certification Regarding the Restrictions of the Use of Federal Funds
for Lobbying
The 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 any
person for influencing or attempting to influence an officer or employee of any Federal agency, a Member
of Congress, an officer or employee of Congress, or any employee of a Member of Congress in connection
with 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 for
influencing 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 this
Federal contract, grant, loan or cooperative AGREEMENT, the undersigned shall complete and submit
Standard 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 transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into
this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required
certification 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 require
that 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.
Consultant (Firm Name)
Signature (Authorized Official of Consultant)Date
Agreement Number:
Page 124 of 208
WSDOT Form 140-089 EF Exhibit G Page 1 of 1
Revised 10/30/2014
Exhibit G-4 Certificate of Current Cost or Pricing Data
This 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 the
contract price was agreed to.
Agreement Number:
Page 125 of 208
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.
Agreement Number:
Page 126 of 208
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.
Agreement Number:
Page 127 of 208
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.
Agreement Number:
Page 128 of 208
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.
Agreement Number:
Page 129 of 208
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 associated
with the additional work;
•Explanation regarding those areas in which the Agency does/does not agree with the consultant’s
claim(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.
Agreement Number:
Page 130 of 208
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 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.
Page 131 of 208
This Page Intentionally Left Blank
Page 132 of 208
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.
Robert Putaansuu, Mayor
ATTEST:
Brandy Rinearson, MMC, City Clerk
Page 133 of 208
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: adunn@arkenco.com
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.
Page 134 of 208
City of Port Orchard and Arken, Inc.
Small Works Contract No.C019-20 Rev 7/18/19
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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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City of Port Orchard and Arken, Inc.
Small Works Contract No.C019-20 Rev 7/18/19
Page 15 of 19
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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City of Port Orchard and Arken, Inc.
Small Works Contract No.C019-20 Rev 7/18/19
Page 16 of 19
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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Small Works Contract No.C019-20 Rev 7/18/19
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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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Small Works Contract No.C019-20 Rev 7/18/19
Page 18 of 19
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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City of Port Orchard and Arken, Inc.
Small Works Contract No.C019-20 Rev 7/18/19
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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).
Page 152 of 208
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 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.
Page 153 of 208
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.
Page 154 of 208
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.
Page 155 of 208
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 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.
Page 177 of 208
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.
Page 178 of 208
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.
Page 179 of 208
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 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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Minutes of December 17, 2019
Page 2 of 6
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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Minutes of December 17, 2019
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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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