031-21 - Heartland, LLC - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 2nd day of February 2021, 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 Heartland LLC, a Washington limited liability company, doing business at:
1301 First Avenue
Suite 200
Seattle, WA 9810 I
Contact: Mark Goodman
(hereinafter the "CONSULT ANT")
Phone: 206.682.2500
for professional services in connection with the following Project:
Preparation of the City of Port Orchard's Land Capacity Analysis ("LCA ") as required by phase 2
of Kitsap County's 2021 update to its Buildable Lands Report, as required by the Washington State Growth
Management Act and the Department of Commerce.
TERMS AND CONDITIONS
1.Services by Consultant.
A.The Consultant shall perform the on-call services described in the Scope of Work attached
to this Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of
Work without prior written authorization from the City. In performing such services, the Consultant shall at all times comply with all Federal, State, and local laws and regulations applicable to the performance of
such services. The Consultant shall perform the services diligently and completely in accordance with
professional standards of conduct and performance for Consultant's profession.
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 Exhibit "A" and the terms of this Agreement. ff delays beyond the
Consultant's reasonable control occur, the parties will negotiate in good faith to determine whether an extension of time and/or additional budget is appropriate.
City of Port Orchard and Heartland LLC Professional Service Agreement Contracl No. XXX
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Contract No. 031-21
B
Proceed.
The Consultant is authorized to proceed with services upon receipt of a written Notice to
3.Terms. This Agreement shall commence on Eeb11;ggy.!!-202.[ ("Commencement Date") and
shall terminate Apfi!-;!!lJ!l2l unless extended or terminated in writing as provided herein. The
City reserves the right to offer one (1) one-year extension prior to contract expiration to retain
the Consultant's services.
4, Payment.
A. This Agreement does not guarantee any amount of work for the Consultant. The City shall
pay the Consultant an amount based on time and materials, not to exceed Twenty-five Thousand Dollars
($25.000.00) for the services set out on Exhibit "A" hereto, based on the list of hourly billing rates and
reimbursable expenses set forth in Exhibit "8", attached hereto and incorporated herein by this reference.
This is the maximum amount to be paid under this Agreement for the work described in this Agreement
and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and
executed supplemental agreement.
B. The Consultant shall maintain time and expense records and provide them to the City
rnonthly 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.
C. 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 imrnediately make every effort to settle the disputed portion.
D. 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.
E. 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
lnaintenance 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) 5l .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 parlies, which is subject to Title 51 RCW, Industrial lnsurance.
F. 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.
5. 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.
City of Port Orchard and Heartland LLC
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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 cornply with all federal, state and rnunicipal 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 ofthe performance ofsuch 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.
6. 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 encornpasses 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 ernployees, 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 rnay,
during the term of this Agreement, engage other independent contractors to perform the same or similar
work that the Consultant performs hereunder.
7. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the CiIy at any time for
public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for the
benefit ofcreditors.
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. Riehts Upon Termination.
I . With or Without Cause. Upon termination for any reason, all finished or unfinished
documents, reports, or other material or work of the Consultant pursuant to this Agreement shall
be submified to the City, and the Consultant shall be entitled to just and equitable compensation for
any satisfactory work completed prior to the date of termination, not to exceed the total
compensation set forth herein. The Consultant shall not be entitled to any reallocation of cost, profit
or overhead. The Consultant shall not in any event be entitled to anticipated profit on work not
perforrned 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.
City of Port Orchard and Heartland LLC
Professional Service Agreement Contract No. XXX
Rev 7/l 8/20 I 9
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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 perfonnance ofservices 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 l5 herein.
8. 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 accreditedand
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.
9. Ownership of Work Product.
A. All data, materials, reports, rnemoranda, and other documents developed under this
Agreement whether finished or not shall become the property of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fit. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinished docurnents, reports, or other material or work of the Consultant
pursuant to this Agreement shall be submitted to the City. Any reuse or modification of such documents,
reports or other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services under this Agreement shall be at the City's risk.
B. All wriften infonnation 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 sarne extent as the Consultant safeguards like infonnation 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.
10. 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.
City of Port Orchard and Heartland LLC
Professional Service Agreement Contract No. XXX
Rev 7/l 8/201 9
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11. Indemnification. The Consultant shall defend, indernnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits,
including all legal costs and attorneys' fees, to the extent caused by and arising out ofor resulting from the
acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries or damages
caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, agents and volunteers, 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 5I RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
12. lnsurance. 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:
Autornobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (lSO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage per current policy
2. Comrnercial General Liability insurance shall be written on ISO occuffence form CG
00 0l or a substitute form providing equivalent liability coverage and shall cover
Iiability arising from premises, operations, independent contractors and personal injury
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.
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 lnsurance
Consultant shall maintain the following insurance limits:
City of Port Orchard and Heartland LLC
Professional Service Agreement Contract No. XXX
Rev 7/1812019
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l. 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 Employer's Liability each accident $1,000,000, Employer's
Liability Disease each employee $1,000,000, and Employer's Liability Disease -
Policy Limit $1,000,000.
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:
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. This provision
will not apply to Professional Liability.
2. The Consultant shall provide the City with written notice of any policy cancellation,
within two business days of their receipt of such notice.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorsed to waive the
right ofsubrogation against the City, or any self-insurance, or insurance pool coverage
maintained by the City. This provision will not apply to Professional Liability.
4. If any coverage is written on a "clairns made" basis, then a minimum of a three (3) year
extended reporting period shall be included with the clairns 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.
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.
13. 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.
City of Port Orchard and Heartland LLC
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14. 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:
CONSULTANT
Mark Goodman
l30l First Avenue
Suite 200
Seattle, WA 98101
Plrone: 360.876.4407
Fax: 360.895.9029 Phone: 206.682.2500
15. 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 maller 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 ofthe performance hereunder.
B. lf any dispute arises between the City and the Consultant under any of the provisions of
this Agreernent 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 Agreernent 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.
16. 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 ofthe City and
the Consultant.
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 ofany officer or other representative ofthe 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
City of Port Orchard and Heartland LLC
Professional Service Agreetnent Contract No. XXX
Rev 7/18/2019
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
7 of13
attached hereto, which rnay 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 Agreernent, then this Agreement shall prevail.
17. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964,78 Stat.252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation subtitle
A, Office of the Secretary,Part 21, nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, must affinnatively insure that its contracts comply with these
regulations.
Therefore, during the perfonnance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
Compliance with Regulations: The Consultant will comply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Adrninistration (FHWA), as they may be amended from time to
tirne, which are herein incorporated by reference and made a part of this Agreement.
2. Nondiscrimination: The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income-level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrirnination 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. part2l.
3. Solicitations for Subcontracts, lncluding Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurernents of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant ofthe Consultant's obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the
grounds of race, color, national origin, sex, age, disability, income-level, orLEP.
4. Information and Reports: The Consultant will provide all information and reports required by
the Acts, the Regulations and directives issued pursuant thereto and will permit access to its books,
records, accounts, other sources of information, and its facilities as may be determined by the City
or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and instructions.
Where any infonnation required of the Consultant is in the exclusive possession of another who
fails or refuses to furnish the information, the Consultant will so certify to the City or the FHWA,
as appropriate, and will set forth what efforts it has made to obtain the information.
5. Sanctions for Noncompliance: In the event of the Consultant's noncompliance with the Non-
discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not lirnited to:
City of Port Orchord ond Heartland LLC
Professional Service Agreemetrt Contract No. XXX
Rev 7118/2019
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6.
l. withholding payments to the consultant under tlte Agrcement until the contractof
complies; and/or
2. cancelling, terminating, or suspending the Agreentent, in whole or in part'
Incorporation ofProvisions:The Consultant will include the provisions ofparagraphs one through
six in every subcontract, including procurements of materials and leases of oquipmerrt, unless
exempt by ihe Acts, the Regulatiois'and directivcs issned pursuant thereto. f!1 lonsqltlnt will
take action with respect to any subcontract or procut'etnent as the City or the FIIWA may direct as
a means of enforcing such pr.ovisions including sanctions fot'noncompliance. Provided, that if the
consr.rltant becomeJ involved in, or is thleatened with litigation by a subcont ractofn or supplier
because olsuch direction , the Consultant may request the City t<l enter into any litigation to protect
the interests of the City. In addition, the Consultant may request the United States to enter into the
litigation to protect the interests ofthe United States'
IN WITNESS WHEREOF, the pattics have executed this Agreernent on the day and year set forth
CII'Y OF PORT ORCHARD,
WASHING TON
CONSULTANT
above
| /10/./
alilrr t ri.r : if Li) li, ;'!r;l I Ll-l P:ji)
By Mayor Narne: Chlis Fioli
Title; Pritrcipal & Project Directot'oR 4 s.
SEAL
A
v: ,
City Clerk
APPROVED AS TO FORM
By:
APPENDIX A
During the performance of this Agreement, the Consultant, for itself; its assignees, and successors in
interest agrees to cornply with the following non-discrirnination statutes and authorities; including but not
limited to:
Pertinent Non-Discrimination Authorities:
a
a
o
o
a
o
a
a
a
Title vl of the civil Rights Act of 1964 (42 U .S.C. $ 2000d et seq., 7g stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part2l .
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 19'10,(42
U.S.C. $ 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because ofFederal or Federal-aid programs and projects);
Federal-Aid Highway Act of 1973, (23 U.S.C. $ 324 et seq.), (prohibits discrirnination onthe
basis ofsex);
Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. g 794 et seq.), as amended, (prohibits
discrirnination on the basis of disability); and 49 C.F.R. Part27;
Tlie Age Discrirnination Act of 1975, as arnended, (42 U .S.C. g 6101 et seq.), (prohibits
discrirnination 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 I 00-209), (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 tlre 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 thebasis
of disability in the operation of public entities, pr,rblic and private transportation systems, places
of public accommodation, and certain testing entities (42 U.S.C. $$ l2l3l-12189) as
implernented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
Tlie Federal Aviation Adrninistration's Non-discrimination statute (49 U.S.C. 5 47123) (prohibits
discrirnination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Popr,rlations and Low-lncome Populations, which ensures discrimination against rninority
populations by discouraging programs, policies, and activities with dispropoflionately high and
adverse human health or environrnental effects on minority and low-income populations;
Executive Order 13 166, hnproving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includesdiscrimination
because of lirnited 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 Amendlnents of 1972,as amended, which prohibits you from
discrirninating because of sex in education programs or activities (20 U.S.C. 1681 etseq).
o
a
City of Port Orchard and The Watershed Company
Professional Service Agreenrent Contract No. XXX
Rev 7/18/2019
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EXHIBIT A
Scope of Work
Land Capacity Analysis
PROPOSED SCOPE OF WORK
Heartland willassist the City of Port Orchard ("the City") in developing its Land Capacity Analysis ("LCA")as
part of phase two of Kitsap County's Buildable Lands Report ("BLR") update process, as required by the
Washington State Growth Management Act and the Department of Commerce. Kitsap County ("the
County") has provided a specific set of steps each city will undertake to produce the LCAfor both
residential and commercial/industrial use. This scope of work outlines the tasks and clarifies the role
Heartland will fillto assist the City in producing the LCA.
Task 1: Virtual Kick-off, Ongoing Meetings and Project Support
o Kick-off meeting: a virtual meeting with the City to review method, data sources and project
schedule
r lnterim check-ins: up to three interim virtual check-in meetings to review draft data, analysis and
resu lts
o County-led meetings: virtual participation in County led LCA meetings as needed
. Additional Meetings: informal check-ins with the client as required are always welcome.
Task 2: Assist the City of Port Orchard in Producing their ICA
ln this task, Heartland will work closely with the City, the County, and the County's consulting team to
support the development of the of the LCA. The following steps will serve as subtasks and will identify how
Heartland will support this effort. This scope reflects the anticipated County methodology as outlined by
the County and its Consulting Team.
Step 1
Heartland will conduct a review of County LCA requirements and the data sources required to
support the residential and commercial aspects of this analysis.
Collection of initial datasets supplied by the City and County.
a
Step 2
Heartland will lead the following tasks as part of the LCAforthe City of Port Orchard with the City
serving in a support role. All of the subtasks below will be conducted per the
guidance and methodologies provided by the County unless alternative methods are
deemed necessary or appropriate by the City.
City of Port Orchard and The l4tatershed Company
Professional Service Agreement Conlract No. XXX
Rev 7l18/2019 ll of14
o ldentification and definition of vacant and underutilized parcelsfor both the residential and
commercial components of the LCA.
o Determination of underutilized lands likely to redevelop over the next 20-years.
o Account for the unavailable lands due to a market constraint (Market Factor).
o Determine land capacity in net available acres for each zone for both residential and
commercialcapacity.
. Apply average household size and average employment densities to establish population
and employment capacities.
Step 3
Heartland will support the City in the following tasks for both the Residential and Commercial LCA:
Permit/Pipeline Data: Heartland will rely on City supplied development pipeline and permit
data to develop a pipeline data set. The data set will be incorporated into the LCA analysis
per the guidance provided by the County.
lnfrastructure Gap analysis: this includes transportation, water, sewer, and stormwater
infrastructure. Heartland will support the City to provide a reasonable and targeted
deduction for gaps in infrastructure that reduce development capacity in accordance with
the County's methodology. Heartland will rely on the City to identify unserved areas and
system capacity through understanding current capacity restraints and future planned
infrastructure improvements over the study period.
Critical Area Deductions: Heartland will rely on guidance and data from the City and County
in support of accurate critical area deductions in the LCA.
Roads/Right of Way Needs: Heartland will support incorporating deductions for future
roads/right of way based on City's guidance and the City's "look back" review (phase one).
Public Facilities Needs: Heartland will support incorporating deductions for public facilities
needs upon input from the City.
Achieved Density: using the City's "look-back" review (phase one) and data findings,
Heartland will provide support in calculating achieved density by zone to arrive at capacity
by zone to apply in the LCA.
Step 4
Heartland will compile results of the LCA into a database and incorporate into the County
provided templates as available for inclusion in the County's Buildable Lands Report. Heartland
will provide supporting documentation as required per the County's LCA guidance.
COMPENSATION AND TIMELI N E
Fee: Heartland will provide services on an hourly time and materials fee basis, invoiced monthly, not
to exceed SZS,OOO without prior written consent from the client.
Timeline for Tasks 1 & 2: The land capacity analysis is expected to take place from January 202Lthru
March 2021.
C ity of Port Orchard and The l4tatershed Company
Professional Service Agreement Contract No. XXX
Rev 7/18/2019
a
a
a
a
a
a
12 of 14
TEAM
Heartland's team for this project will be overseen by Mark Goodman, Senior Project Manager, and will be
led byTyson Heriot, Associate Project Manager, as well as other Heartland Staff as necessaryto
complete the scope of work.
City of Port Orchard and The llatershed Company
Professional Semice Agreemenl Contract No. XXX
Rev 7ll8/2019
13 of l4
I]EARTLAND
EXHIBIT B: FEE SHEET
HEARTLAND
CONSUI.TIN6 FEES
AND REIMBURSTMENT SCHTDUU
FJtdcttueJanwty 1, 2027
IOUnLY BlLUilG R ltsl
JamBs Relnherdsen 5470
lohn shaw $410
MaltAndcrson 5350
Chrlr tlorl $285
DouS Lason $285
o€va tlasron 5285
DevklArmlta8e S270
Erlca Bucklev 5250
Lee Strrar 3235
Markcoodmon $235
granson Brlnton $235
Lrnzl Li $?15
g€n wharton $2:t5
Even Schnelder 3200
Tl6on Herlot $175
,enny Scor€ $165
Grodrate lntern $90
Ressarch asslelenvcraphlc Aslrr.nt S50
(No2e:atue.dl ofr@ wdheod and aaanl ddtcolwwkot.lnaotpfidl.dln th*ehourlv mt6,
RflMBUnSABl.t COSTST
Copleg-color 11 r17
copBs - color &1/2 x lx
CopL3 of largc formrt orlginrlr - 0ll typc!
Mlksse
Parllng and tolls
Porlage and dellvery
Out,ol.ho0!e productions
Larg! formrt grints
MounhnB on ptesentatron board
Trilcl - 6idrr€, er rental, lodElngand mcals
9x,50 each
S.75 oa€h
Co3t
9'56lmlle
Cost
Cost
Cost
S8.50/st
$3. rslsf
Cosl plus 21,
frAr$ AnESUE|ECT rO ,/'NUAL tflciil'€S
5
City of Port Orchard and The Watershed Company
Professional Service Agreement Contract No. XXX
Rev 7ll8/2019
14 of 14
Heartland LCA Contract 1-12-2020
Htland 020221
Final Audit Report 2021-02-03
"Heartland LCA Contract 1-12-2020 Htland_020221" History
fi Document created by Carrie Christensen (cchristensen@htland.com)
202'l-02-03 - 6:30:30 PM GMT- lP address: 73.109.31.99
f,1 Document emailed to Chris Fiori (cfiori@htland.com) for signature
2021-02-03 - 6:31:07 PM GMT
f, Emailviewed by Chris Fiori (cfiori@htland.com)
2O21-O2-O3 - 7:06:38 PM GMT- lP address: 104.47.57.254
dls Document e-signed by Chris Fiori (cfiori@htland.com)
Signature Dale'.2021-02-03 - 7:27:45 PM GMT - Time Source: server- lP address: 65.'t 53.1S0,130
O Agreement completed.
2021-02-03 - 7:27:45 PM GMT
Created:
By:
Status:
Transaction lD:
2021-02-03
Carrie Christensen (cchristensen@htland.com)
Signed
CBJCH BCAABAAWOUdFXYESbdE_t2G5n9HqRqEp5NmF 1 du
S naoue sign