HomeMy WebLinkAboutRFP On-Call Building Services with Sample Contract
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CITY OF PORT ORCHARD NOTICE TO CONSULTANTS
REQUEST FOR PROPOSALS (RFP)
ON-CALL BUILDING AND FIRE PLAN REVIEW
AND INSPECTION SUPPORT SERVICES
I. Project Description
The City of Port Orchard is soliciting interest from qualified firms to provide on-call building and fire plan
review support services and related inspection services. Qualified firms should have experience in
building plan and associated code review and inspections of single-family dwellings, multi-family dwelling
units, commercial buildings, industrial buildings and other structures, and meet the other minimum
qualifications set forth herein. The proposed agreement will be for up to five years, based on the
following scope of services.
II. Project Timeline
July 15, 2025 RFP Posted to City Website, Published, and Disseminated to MRSC
Applicable Roster
August 1, 2025 Deadline to Submit Questions
August 8, 2025 Answers to Questions Posted Online
August 22, 2025 RFP Proposals Due (1:00 p.m. Pacific Time)
August 29, 2025 Consultant Firm Selection (may include interviews)
September 23, 2025 City Council Contract Review/Approval
September 14, 2025 Project Start Date
September 13, 2030 Projected Project Completion
This schedule may be modified by the City at any time in the sole discretion of the City.
III. Scope of Services
The selected Consultant, upon request of the City, shall review plans prepared by, or on behalf of an
applicant, for compliance with building laws and City and State code. When satisfied that the plans comply
with the applicable building laws and code, the Consultant, upon request of the City, shall conduct on-site
inspections. Following completed review and/or inspection, the Consultant shall approve plans and
forward to the City for review and permit issuance.
The selected consultant(s) may be asked to perform some or all of the following tasks:
• Provide full code reviews of plans submitted with building and fire permit applications including
but not limited to:
o Marking up plans to identify deficiencies.
o Preparing comment letters and matrixes to communicate deficiencies.
o Speaking/meeting with applicants and designers to answer code review related questions.
o Additional services as related to building permit plan review, including but not limited to:
• Review plans for compliance with building laws, City and State code
• Approve plans and forward to the City for review and permit issuance
• Structural review
• Architectural review
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• Energy review
• Accessibility review
• Mechanical review
• Plumbing review
• Perform on-call building and/or fire inspections in the City of Port Orchard including tasks such
as:
o Communicating identified deficiencies in the field.
o Preparing correction notices.
o Providing documentation to the permit center concerning inspections performed.
Applicable codes include the Washington State Building Codes as adopted by the State Building Code
Council, including local amendments under Port Orchard Municipal Code 20.200. The International Code
Council (ICC) has the Washington State Codes available on their website.
o https://www.codepublishing.com/WA/PortOrchard/#!/PortOrchard20/PortOrchard20200.
html#20.200.
o https://sbcc.wa.gov/state-codes-regulations-guidelines/state-building-code
o https://codes.iccsafe.org/
V. Estimated Budget
This is an on-call contract, and the City reserves the right to award in the best interest of the City including
to award to more than one Consultant or not award. The City’s total budget for on-call services is based on
permitting volumes and inspection activity. The estimated annual not to exceed amount for all on-call
services is $500,000.
VI. Required Indemnification and Insurance:
The selected Consultant(s) shall execute a contract in the form acceptable to the City, including a provision
that Consultant 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
resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City.
The selected Consultant(s) shall procure, and maintain for the duration of the Agreement, insurance
against claims for injuries to persons or damage to property which may arise from or in connection with
the performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
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. If necessary, the policy shall
be endorsed to provide contractual 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 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.
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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. Professional Liability insurance shall be written with limits no less than $1,000,000 per
claim and $1,000,000 policy aggregate limit.
4. 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.
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’s insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
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 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.
E. Verification of Coverage
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.
VII. Proposal Format and Content:
Proposals shall be limited to 12 pages (8.5 x 11 inches) single sided and shall be submitted in PDF format.
Proposals should include the following:
A. Letter of Introduction. Briefly describe the firm and provide a summary of the understanding of
the scope of services and overall approach to delivering the scope of services.
B. Experience and Qualifications. Identify team members by area (discipline) of expertise and
include contact information (name, phone number, and email address), and describe team
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members’ qualifications as they relate to the scope of services. Please highlight past
performance in completing similar scope of services for other public agencies. Please provide a
statement of availability for the firm and staff identified.
Please Indicate the types of work that the firm is qualified to perform based on following list:
1. Building Code Review
2. Fire Code Review
3. Building Inspection
4. Fire Inspection
C. References. Provide names and telephone numbers of at least three references willing to attest
to your firm’s ability to complete the work and tasks described herein.
D. Provide proposed rates or a fee structure.
E. Confirmation of Business Organization
On the last page of the proposal, the proposer shall identify the business organization under
which it operates (form provided in RFP). Partnerships and joint ventures will list each
member’s name, address, and business license, tax ID, telephone and fax numbers on a
separate sheet of paper attached to the proposal.
F. Submittals shall include a completed and signed Non-Collusion Affidavit form (Attachment A).
This attachment shall not count towards the page limit listed above.
VIII. Evaluation Criteria and Selection Process
Minimum qualifications are required for a Consultant to be eligible to submit an RFQ response. Responses
must clearly show compliance to these minimum qualifications. Those that are not responsive to these
minimum qualifications shall be rejected by the City without further consideration. The City will require a
consulting firm with the following minimum qualifications and areas of expertise:
• Consultants must have demonstrated expertise in building plan review services including in
structural, architectural, energy, barrier free accessibility, mechanical, plumbing, and electronic
plan review.
• Consultants must have demonstrated project management experience working with a public
agency of similar size to the City of within the last five years providing satisfactory services similar
to those expected by the City for this contract.
• The minimum qualification for a Building Plan Examiner is ICC certification.
• Consultants must have access to, and experience with, Bluebeam software and ability to complete
electronic plan review.
• Consultant must understand the role of a public agency in administering building permits and
performing inspections.
Submittals will be evaluated and ranked according to the experience and availability demonstrated in the
expected work items listed above. The City reserves the right to ask for additional or clarifying information
from one or more candidate firms.
The basis of award will be to the respondent receiving the most points based on the following criteria:
A. Qualifications/Expertise of the firm. (MAXIMUM 25 POINTS AVAILABLE)
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B. Past Performance/References. (MAXIMUM 25 POINTS AVAILABLE)
C. Cost of Services. (MAXIMUM 25 POINTS AVAILABLE)
D. Approach to Coordination with City Staff. (MAXIMUM 25 POINTS AVAILABLE)
IX. Submittal
One PDF file, limited to 10 MB, of the proposal shall be submitted to: City of Port Orchard Department
of Community Development, RE: RFP On-call Building Code and Inspection Consultant, 216 Prospect
Street, Port Orchard, WA 98366, attention: Angela Garcia or sent electronically to
building@portorchardwa.gov . Please On-Call Building Code and Inspection Consultant Proposal in the
subject line. Proposals will be received until 1:00 p.m. on August 15, 2025.
Proposals submitted after the due date and time will not be considered. The proposing party accepts all
risks of late delivery of mailed proposals regardless of fault.
Questions regarding the RFP can be directed to Angela Garcia, at 360 874-5533 or at the email address
noted above. Answers will be posted on the City’s website under the associated RFP item by the date
identified above. Any oral communications will be considered unofficial and non-binding on the City.
Before receiving an award, the successful proposer will be required to provide the City of Port Orchard
with copies of their current State of Washington and City of Port Orchard business licenses and Certificates
of Insurance.
A committee of individuals to be selected by the City of Port Orchard to perform evaluation of the
proposals. The proposals will be scored and ranked based on the selection committee’s evaluation. In the
event of close scoring, a shortlist interview may be performed. The firm or firms with the highest
cumulative score(s) will be invited to enter into contract negotiations. If an agreement cannot be reached,
the next highest proposer(s) may be contacted for negotiations. The City reserves the right to award the
contract to the highest ranked firm without further discussions.
The City of Port Orchard reserves the right to reject any and all submittals and to waive irregularities and
informalities in the submittal and evaluation process. All costs incurred in the preparation of the proposal,
participation in this RFP and negotiation process shall be borne by the proposing firms.
IX. General Terms and Conditions
For the City’s full terms and conditions for this project, please refer to the Agreement for this project
attached to this RFP. By this reference, the terms and conditions in the Agreement are incorporated into
this RFP.
Americans with Disabilities Act (ADA) Information
The City of Port Orchard in accordance with Section 504 of the Rehabilitation Act (Section 504) and the
Americans with Disabilities Act (ADA), commits to nondiscrimination on the basis of disability, in all of its
programs and activities. This material can be made available in an alternate format by emailing the
Department of Community Development at building@portorchardwa.gov or by calling (360) 874-5533.
Title VI Statement
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,
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Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the Department of
Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively ensure that
in any contract entered into pursuant to this advertisement, disadvantaged business enterprises as defined
at 49 CFR Part 26 will be afforded full opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, national origin, or sex in consideration for an
award.”
Public Records Request
This RFP and all public records associated with proposals submitted in response to this RFP shall be available
from the City for inspection and copying by the public where required by the Public Records Act, Chapter
42.56 RCW (the “Act”). To the extent that public records then in the custody of the Consultant are needed
for the City to respond to a request under the Act, as determined by the City, the Consultant agrees to make
them promptly available to the City.
Ownership of Work Product
Any and all data, reports, analyses, documents, photographs, pamphlets, plans, specifications, surveys,
films or any other materials created, prepared, produced, constructed, assembled, made, performed or
otherwise produced by the consultant or the Consultant’s subcontractors for delivery to the City under this
RFP shall be the sole and absolute property of the City. Such property shall constitute “work made for
hire” as defined by the U.S. Copyright Act of 1976, 17 U.S.C. §101, and the ownership of the copyright and
any other intellectual property rights in such property shall vest in the City at the time of its creation.
Ownership of the intellectual property includes the right to copyright, patent, and register, and the ability
to transfer these rights. Material which the Consultant uses to prepare a proposal in response to this RFP
but is not created, prepared, constructed, assembled, made, performed or otherwise produced for or paid
for by the City is owned by the consultant and is not “work made for hire” within the terms of this RFP.
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NON-COLLUSION DECLARATION
I, by signing the proposal, hereby declare, under penalty of perjury under the laws of the United States that
the following statements are true and correct:
1. That the undersigned person(s), firm, association or corporation has (have) not, either directly or
indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in
restraint of free competitive bidding in connection with the project for which this proposal is
submitted.
2. That by signing the signature page of this proposal, I am deemed to have signed and agreed to the
provisions of this declaration.
By: _______________________________________
(Authorized Signature)
Title: _______________________________________
City of Port Orchard and______________________
Public Works Project: ________________________
Updated 4/2022 IBDR Page 1 of 17
Port Orchard Contract #: XXXXX
Authorized Amount: $
Date Start: DATE
Date End: DATE
CONSULTANT SERVICES AGREEMENT
[This Agreement is for Consultant/Professional Services]
THIS AGREEMENT is entered into by and between the City of Port Orchard, Washington,
a municipal corporation organized under the laws of the State of Washington (“City”) and
, (“Consultant”) organized under the laws of the State of [Insert State Co. Formed
Under], located and doing business at [Insert Contractor's Address, Phone Number, and Contact
Person] (hereinafter the "Consultant").
RECITALS:
WHEREAS, the City desires to have certain services performed for its residents; and
WHEREAS, the City has selected the Consultant to perform such services pursuant to certain
terms and conditions; and
[ONLY USE IF AN ARCHITECT OR ENGINEER] WHEREAS, the City complied with the
requirements for hiring Consultant contained in Chapter 39.80 RCW;
NOW, THEREFORE, in consideration of the mutual benefits and conditions set forth below, the
parties agree as follows:
AGREEMENT:
1. Scope of Services to be Performed by Consultant.
[USE FOR ON-CALL CONTRACTS] The Consultant shall perform work as assigned by the City,
which may include the services described in Exhibit “A” of this Agreement which is attached hereto and
incorporated herein by this reference as if set forth in full. Additional work may be assigned by the City,
however, this Agreement does not obligate the City to assign any specific work or any work to the
Consultant. In performing the services, the Consultant shall comply with all federal, state, and local
laws and regulations applicable to the services. The Consultant shall perform the services diligently and
completely and in accordance with professional standards of conduct and performance.
[USE FOR SPECIFIC TASK CONTRACTS] The Consultant shall perform those services described on
Exhibit “A,” which is attached hereto and incorporated herein by this reference as if set forth in full. In
performing such services, the Consultant shall at all times comply with all federal, state, and local statutes,
rules and ordinances applicable to the performance of such services and the handling of any funds used
in connection therewith. The Consultant shall perform the services diligently and completely and in
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City of Port Orchard and______________________
Public Works Project: ________________________
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accordance with professional standards of conduct and performance. The Consultant shall request and
obtain prior written approval from the City if the scope or schedule is to be modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
[USE FOR BLENDED CONTRACT – i.e., Specific Task and On-Call] The Consultant shall perform those
services described on Exhibit “A,” which is attached hereto and incorporated herein by this reference as if
set forth in full. In addition, the Consultant shall perform such additional work as is assigned by the City.
This Agreement does not obligate the City to assign any specific additional work or any additional work
to the Consultant. In performing such services, the Consultant shall at all times comply with all federal,
state, and local statutes, rules and ordinances applicable to the performance of such services and the
handling of any funds used in connection therewith. The Consultant shall perform the services diligently
and completely and in accordance with professional standards of conduct and performance. The
Consultant shall request and obtain prior written approval from the City if the scope or schedule is to be
modified in any way.
If the services provided hereunder are funded in whole or in part under a Grant Funding
Agreement, then Consultant will comply with the terms of such Grant Funding Agreement to ensure that
the City is able to obtain the maximum funding under such Grant Funding Agreement. If this applies, the
City will provide the Consultant with a copy of the Grant Funding Agreement.
2. Compensation.
The City shall pay the Consultant for services rendered according to the rates and methods set forth
below.
[Check all applicable payment terms]
LUMP SUM. Compensation for these services set forth in Exhibit A shall be a Lump Sum
of $_________________.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$___________ without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit “B.”
TIME AND MATERIALS. Compensation for these services shall be on a time and materials
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
“B.”
OTHER_____________________________________________________________
3. Payment.
Sam
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City of Port Orchard and______________________
Public Works Project: ________________________
Updated 4/2022 IBDR Page 3 of 17
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. The City shall pay the Consultant for
services rendered within ten (10) days after City Council voucher approval. However, if the City objects
to all or any portion of an invoice, it shall notify Consultant and reserves the option to only pay that
portion of the invoice not in dispute. In that event, the Parties will immediately make every effort to
settle the disputed portion.
F. The City reserves the right to direct the Consultant's compensated services before
reaching the maximum amount.
4. Duration of Agreement.
A. This Agreement shall be in full force and effect for a period commencing on [DATE] and
ending [DATE] unless sooner terminated under the provisions of this Agreement. The City reserves the
right to offer two (2) one-year extensions prior to expiration of the Agreement to retain the
Consultant’s services.
B. Time is of the essence of this Agreement in each and all of its provisions in which
performance is required. If delays beyond the Consultant's reasonable control occur, the Parties will
negotiate in good faith to determine whether an extension is appropriate.
C. The Consultant shall obtain a City of Port Orchard business license prior to commencing
work pursuant to a written Notice to Proceed.
Sam
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City of Port Orchard and______________________
Public Works Project: ________________________
Updated 4/2022 IBDR Page 4 of 17
D. The Consultant is authorized to proceed with services upon receipt of a written Notice
to Proceed.
5. Standard of Care.
The Consultant represents and warrants that it has the requisite training, skill, and experience
necessary to provide the services under this Agreement and is appropriately accredited and licensed
by all applicable agencies and governmental entities. Services provided by the Consultant under this
Agreement will be performed in a manner consistent with that degree of care and skill ordinarily
exercised by members of the same profession currently practicing in similar circumstances.
6. Ownership and Use of Documents.
A. Ownership. Any records, files, documents, drawings, specifications, data, or
information, regardless of form or format, and all other materials produced by the Consultant in
connection with the services provided to the City, shall be the property of the City whether the project
for which they were created is executed or not.
B. Records preservation. Consultant understands that this Agreement is with a government
agency and thus all records created or used in the course of Consultant’s work for the City are
considered “public records” and are subject to disclosure by the City under the Public Records Act,
Chapter 42.56 RCW (“the Act”). Consultant agrees to safeguard and preserve records in accordance
with the Act. The City may be required, upon request, to disclose the Agreement, and the documents
and records submitted to the City by Consultant, unless an exemption under the Public Records Act
applies. If the City receives a public records request and asks Consultant to search its files for responsive
records, Consultant agrees to make a prompt and thorough search through its files for responsive
records and to promptly turn over any responsive records to the City’s public records officer at no cost
to the City.
7. Relationship of the Parties; Independent Consultant.
The Parties intend that an independent contractor-client relationship will be created by this
Agreement. As the Consultant is customarily engaged in an independently established trade which
encompasses the specific service provided to the City hereunder, no agent, employee, representative
or sub-consultant of the Consultant shall be or shall be deemed to be the employee, agent,
representative or sub-consultant of the City. In the performance of the work, the Consultant is an
independent contractor with the ability to control and direct the performance and details of the work,
the City being interested only in the results obtained under this Agreement. None of the benefits
provided by the City to its employees, including, but not limited to, compensation, insurance, and
unemployment insurance are available from the City to the employees, agents, representatives, or sub-
consultants of the Consultant. The City shall not be responsible for withholding or otherwise deducting
federal income tax or social security or contributing to the State Industrial Insurance Program, or
otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the
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City of Port Orchard and______________________
Public Works Project: ________________________
Updated 4/2022 IBDR Page 5 of 17
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its
agents, employees, representatives, and sub-consultants during the performance of this Agreement.
The City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work that the Consultant performs hereunder.
8. Indemnification.
Consultant shall defend, indemnify, and hold the City, its officers, officials, employees, agents, and
volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys’ fees,
arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this
Agreement, except for injuries and damages caused by the sole negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend,
hereunder shall be only to the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THIS WAIVER HAS BEEN
MUTUALLY NEGOTIATED BY THE PARTIES.
The provisions of this section shall survive the expiration or termination of this Agreement.
9. Insurance.
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims
for injuries to persons or damage to property which may arise from or in connection with the
performance of the work hereunder by the Consultant, its agents, representatives, or employees.
A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types
described below:
i. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy
shall be endorsed to provide contractual liability coverage.
ii. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 01 and shall cover liability arising from premises, operations, independent
Consultants and personal injury and advertising injury. The City shall be named as
an insured under the Consultant’s Commercial General Liability insurance policy
with respect to the work performed for the City.
Sam
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City of Port Orchard and______________________
Public Works Project: ________________________
Updated 4/2022 IBDR Page 6 of 17
iii. Workers’ Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
iv. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance
limits:
i. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $1,000,000 per accident.
ii. Commercial General Liability insurance shall be written with limits no less
than $1,000,000 each occurrence, $2,000,000 general aggregate.
iii. Professional Liability insurance shall be written with limits no less than
$1,000,000 per claim and $1,000,000 policy aggregate limit.
C. Other Insurance Provision. The Consultant’s Automobile Liability, Commercial
General Liability, and Professional Liability insurance policies are to contain, or be endorsed to contain,
that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance
pool coverage maintained by the City shall be excess of the Consultant’s insurance and shall not
contribute with it.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current
A.M. Best rating of not less than A-VII.
E. Verification of Coverage. The Consultant shall furnish the City with original
certificates and a copy of the amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of the Consultant before
commencement of the work.
F. Notice of Cancellation. The Consultant shall provide the City with written notice
of any policy cancellation, within two business days of their receipt of such notice.
G. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain
the insurance as required shall constitute a material breach of contract, upon which the City may, after
giving five business days’ notice to the Consultant to correct the breach, immediately terminate the
contract or, at its discretion, procure or renew such insurance and pay any and all premiums in
connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
H. No Limitation. Consultant’s maintenance of insurance as required by the
Agreement shall not be construed to limit the liability of the Consultant to the coverage provided by
such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity.
Sam
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City of Port Orchard and______________________
Public Works Project: ________________________
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10. Record Keeping and Reporting.
A. The Consultant shall maintain accounts and records, including personnel,
property, financial, and programmatic records, which sufficiently and properly reflect all direct and
indirect costs of any nature expended and services performed pursuant to this Agreement. The
Consultant shall also maintain such other records as may be deemed necessary by the City to ensure
proper accounting of all funds contributed by the City to the performance of this Agreement.
B. The foregoing records shall be maintained for a period of seven (7) years after
termination of this Agreement unless permission to destroy them is granted by the Office of the
Archivist in accordance with Chapter 40.14 RCW and by the City.
11. City’s Right of Inspection and Audit.
A. Even though the Consultant is an independent contractor with the authority to control
and direct the performance and details of the work authorized under this Agreement, the work must
meet the approval of the City and shall be subject to the City's general right of inspection to secure the
satisfactory completion thereof. The Consultant agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or become applicable within the terms of this
Agreement to the Consultant's business, equipment, and personnel engaged in operations covered by
this Agreement or accruing out of the performance of such operations.
B. The records and documents with respect to all matters covered by this Agreement shall
be subject at all times to inspection, review or audit by the City during the performance of this
Agreement. All work products, data, studies, worksheets, models, reports, and other materials in
support of the performance of the service, work products, or outcomes fulfilling the contractual
obligations are the products of the City.
12. Work Performed at the Consultant's Risk.
The Consultant shall take all precautions necessary and shall be responsible for the safety of its
employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all
protection necessary for that purpose. All work shall be done at the Consultant's own risk, and the
Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or
held by the Consultant for use in connection with the work.
13. Termination.
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant’s insolvency or bankruptcy, or the Consultant’s assignment
for the benefit of creditors.
B. Termination with cause. This Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after
receiving written notice of the default.
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City of Port Orchard and______________________
Public Works Project: ________________________
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C. Rights Upon Termination.
i. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of the Consultant pursuant to this
Agreement shall be submitted to the City, and the Consultant shall be entitled to just and
equitable compensation for any satisfactory work completed prior to the date of termination,
not to exceed the total compensation set forth herein. The Consultant shall not be entitled to
any reallocation of cost, profit or overhead. The Consultant shall not in any event be entitled to
anticipated profit on work not performed because of such termination. The Consultant shall use
its best efforts to minimize the compensation payable under this Agreement in the event of
such termination. Upon termination, the City may take over the work and prosecute the same
to completion, by contract or otherwise.
ii. Default. If the Agreement is terminated for default, the Consultant shall
not be entitled to receive any further payments under the Agreement until all work called for
has been fully performed. Any extra cost or damage to the City resulting from such default(s)
shall be deducted from any money due or coming due to the Consultant. The Consultant shall
bear any extra expenses incurred by the City in completing the work, including all increased
costs for completing the work, and all damage sustained, or which may be sustained, by the
City by reason of such default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's
reasonable expenses, and shall be subject to verification. The Consultant shall resume performance of
services under this Agreement without delay when the suspension period ends.
E. Notice of Termination or Suspension. If delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant’s receipt of the City’s written notice or
such date as stated in the City’s notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to the Consultant. Such notice shall
indicate the anticipated period of suspension. Notice may also be delivered to the Consultant at the
address set forth in the “Notices” Section herein.
F. Nothing in this Subsection shall prevent the City from seeking any legal remedies it may
otherwise have for the violation or nonperformance of any provisions of this Agreement.
14. Discrimination Prohibited.
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the performance of this Agreement because of race, creed, color,
national origin, marital status, sex, age, disability, or other circumstance prohibited by federal, state,
or local law or ordinance, except for a bona fide occupational qualification.
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City of Port Orchard and______________________
Public Works Project: ________________________
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B. Violation of this Section shall be a material breach of this Agreement and grounds for
cancellation, termination, or suspension of the Agreement by the City, in whole or in part, and may
result in ineligibility for further work for the City.
15. Force Majeure.
Notwithstanding anything to the contrary in this Agreement, any prevention, delay or stoppage due to
strikes, lockouts, labor disputes, acts of God, acts of war, terrorist acts, inability to obtain services,
labor, or materials or reasonable substitutes therefor, governmental actions, governmental laws,
regulations or restrictions, civil commotions, casualty, actual or threatened public health emergency
(including, without limitation, epidemic, pandemic, famine, disease, plague, quarantine, and other
significant public health risk), governmental edicts, actions, declarations or quarantines by a
governmental entity or health organization, breaches in cybersecurity, and other causes beyond the
reasonable control of the Party obligated to perform, regardless of whether such other causes are (i)
foreseeable or unforeseeable or (ii) related to the specifically enumerated events in this paragraph
(collectively, a "Force Majeure"), shall excuse the performance of such Party for a period equal to any
such prevention, delay or stoppage. To the extent this Agreement specifies a time period for
performance of an obligation of either Party, that time period shall be extended by the period of any
delay in such Party's performance caused by a Force Majeure. Provided however, that the current
COVID-19 pandemic shall not be considered a Force Majeure unless constraints on a Party’s
performance that result from the pandemic become substantially more onerous after the effective
date of this Agreement.
16. Assignment and Subcontract.
The Consultant shall not assign or subcontract any portion of the services contemplated by this
Agreement without the prior written consent of the City. Any assignment made without the prior
approval of the City is void.
17. Conflict of Interest.
The Consultant represents to the City that it has no conflict of interest in performing any of the services
set forth in Exhibit “A.” In the event that the Consultant is asked to perform services for a project with
which it may have a conflict, Consultant will immediately disclose such conflict to the City.
18. Confidentiality.
All information regarding the City obtained by the Consultant in performance of this Agreement shall
be considered confidential. Breach of confidentiality by the Consultant shall be grounds for immediate
termination.
19. Non-Appropriation of Funds.
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City of Port Orchard and______________________
Public Works Project: ________________________
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If sufficient funds are not appropriated or allocated for payment under this Agreement for any future
fiscal period, the City will so notify the Consultant and shall not be obligated to make payments for
services or amounts incurred after the end of the current fiscal period. This Agreement will terminate
upon the completion of all remaining services for which funds are allocated. No penalty or expense
shall accrue to the City in the event that the terms of the provision are effectuated.
20. Entire Agreement.
This Agreement contains the entire agreement between the parties, and no other agreements, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or bind either of
the parties. If there is a conflict between the terms and conditions of this Agreement and the attached
exhibits, then the terms and conditions of this Agreement shall prevail over the exhibits. Either party
may request changes to the Agreement. Changes which are mutually agreed upon shall be
incorporated by written amendments to this Agreement.
21. 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.
22. 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.
23. Notices.
All notices or other communications required or permitted under this Agreement shall be in writing
and shall be (a) personally delivered, in which case the notice or communication shall be deemed given
on the date of receipt at the office of the addressee; (b) sent by registered or certified mail, postage
prepaid, return receipt requested, in which case the notice or communication shall be deemed given
three (3) business days after the date of deposit in the United States mail; or (c) sent by overnight
delivery using a nationally recognized overnight courier service, in which case the notice or
communication shall be deemed given one business day after the date of deposit with such courier. In
addition, all notices shall also be emailed, however, email does not substitute for an official notice.
Notices shall be sent to the following addresses:
Notices to the City of Port Orchard shall be sent to the following address:
City Clerk
City of Port Orchard
216 Prospect Street
Port Orchard, Washington 98366
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City of Port Orchard and______________________
Public Works Project: ________________________
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Bwallace@cityofportorchard.us
Phone: 360.876.4407 Fax: 360.895.9029
Notices to the Consultant shall be sent to the following address:
Phone No.:
Email:
24. Resolution of Disputes; 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.
25. Compliance with Laws.
The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that
are now effective or in the future become applicable to Consultant's business, equipment, and
personnel engaged in operations covered by this Agreement or accruing out of the performance of
those operations.
26. Title VI.
The City of Port Orchard, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42
U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Transportation
subtitle A, Office of the Secretary, Part 21, nondiscrimination in federally assisted programs of the
Department of Transportation issued pursuant to such Act, must affirmatively insure that its contracts
comply with these regulations.
Therefore, during the performance of this Agreement, the Consultant, for itself, its assignees, and
successors in interest agrees as follows:
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City of Port Orchard and______________________
Public Works Project: ________________________
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A. Compliance with Regulations. The Consultant will comply with the Acts and the
Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of
Transportation, Federal Highway Administration (FHWA), as they may be amended from time to time,
which are herein incorporated by reference and made a part of this Agreement.
B. Nondiscrimination. The Consultant, with regard to the work performed by it during this
Agreement, will not discriminate on the grounds of race, color, national origin, sex, age, disability,
income-level, or LEP in the selection and retention of subcontractors, including procurements of
materials and leases of equipment. The Consultant will not participate directly or indirectly in the
discrimination prohibited by the Acts and the Regulations as set forth in Appendix A, attached hereto
and incorporated herein by this reference, including employment practices when this Agreement
covers any activity, project, or program set forth in Appendix B of 49 C.F.R. part 21.
C. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all
solicitations, either by competitive bidding, or negotiation made by the Consultant for work to be
performed under a subcontract, including procurements of materials, or leases of equipment, each
potential subcontractor or supplier will be notified by the Consultant of the Consultant’s obligations
under this Agreement and the Acts and the Regulations relative to Non-discrimination on the grounds
of race, color, national origin, sex, age, disability, income-level, or LEP.
D. Information and Reports. The Consultant will provide all information and reports
required by the Acts, the Regulations and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be determined by
the City or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information required of the Consultant is in the exclusive possession of
another who fails or refuses to furnish the information, the Consultant will so certify to the City or the
FHWA, as appropriate, and will set forth what efforts it has made to obtain the information.
E. Sanctions for Noncompliance. In the event of the Consultant’s noncompliance with the
non- discrimination provisions of this Agreement, the City will impose such contract sanctions as it or
the FHWA may determine to be appropriate, including, but not limited to:
i. withholding payments to the Consultant under the Agreement until the contractor
complies; and/or
ii. cancelling, terminating, or suspending the Agreement, in whole or in part.
F. Incorporation of Provisions. The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of equipment, unless
exempt by the Acts, the Regulations and directives issued pursuant thereto. The Consultant will take
action with respect to any subcontract or procurement as the City or the FHWA may direct as a means
of enforcing such provisions including sanctions for noncompliance. Provided, that if the Consultant
becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Consultant may request the City to enter into any litigation to protect the interests of the
City. In addition, the Consultant may request the United States to enter into the litigation to protect
the interests of the United States.
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City of Port Orchard and______________________
Public Works Project: ________________________
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27. Counterparts.
This Agreement may be executed in any number of counterparts, each of which shall constitute an
original, and all of which will together constitute this one Agreement.
28. Severability.
Any provision or part of this Agreement held to be void or unenforceable under any law or regulation
shall be deemed stricken and all remaining provisions shall continue to be valid and binding upon the
City and the Consultant, who agree that the Agreement shall be reformed to replace such stricken
provision or part with a valid and enforceable provision that comes as close as reasonably possible to
expressing the intent of the stricken provision.
IN WITNESS WHEREOF, the City and the Consultant have executed this Agreement as of the
dates listed below.
CONSULTANT CITY OF PORT ORCHARD
By: ______________________________ By: ______________________________
Robert Putaansuu, Mayor
Title: _____________________________
Date: _____________________________ Date: _____________________________
ATTEST/AUTHENTICATE
Brandy Wallace, MMC, City Clerk
APPROVED AS TO FORM
Port Orchard City Attorney’s Office
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City of Port Orchard and______________________
Public Works Project: ________________________
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EXHIBIT A
Scope of Services to be Provided by Consultant. The Consultant shall furnish services including, but
not limited to, the following outlined here or attached separately.
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City of Port Orchard and______________________
Public Works Project: ________________________
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EXHIBIT B
Rates for Services to be Provided by Consultant. The Consultant shall furnish the services in accordance
with the rates specified below or attached hereto, as Exhibit B.
[NOTE: If this is a multi-year contract and the rates may be increased after the first or second year, then
Exhibit B should contain a minimum of a 60-day advance notice provision for raising rates with a
limitation, i.e., no more than annual CPI-U for Seattle/Tacoma/Bellevue. If this circumstance is present,
please run the adjustment language through the City Attorney’s Office.]
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City of Port Orchard and______________________
Public Works Project: ________________________
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APPENDIX A
During the performance of this Agreement, the Consultant, for itself, its assignees, and successors in
interest agrees to comply with the following non-discrimination statutes and authorities; including
but not limited to:
Pertinent Non-Discrimination Authorities:
• Title VI of the Civil Rights Act of 1964 (42 U .S.C. § 2000d et seq., 78 stat. 252), (prohibits
discrimination on the basis of race, color, national origin); and 49 C.F.R. Part 21.
• The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42
U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been
acquired because of Federal or Federal-aid programs and projects);
• Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the
basis of sex);
• Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits
discrimination on the basis of disability); and 49 C.F.R. Part 27;
• The Age Discrimination Act of 1975, as amended, (42 U .S.C. § 6101 et seq.), (prohibits
discrimination on the basis of age);
• Airport and Airway Improvement Act of 1982, (49 USC§ 471, Section 4 7123), as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
• The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms
"programs or activities" to include all of the programs or activities of the Federal-aid
recipients, sub- recipients and contractors, whether such programs or activities are Federally
funded or not);
• Titles II and III of the Americans with Disabilities Act, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as
implemented by Department of Transportation regulations at 49 C.P.R. parts 37 and 38;
• The Federal Aviation Administration's Non-discrimination statute (49 U.S.C. § 47123)
(prohibits discrimination on the basis of race, color, national origin, and sex);
• Executive Order 12898, Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations, which ensures discrimination against minority
populations by discouraging programs, policies, and activities with disproportionately high
and adverse human health or environmental effects on minority and low-income populations;
• Executive Order 13166, Improving Access to Services for Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes
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City of Port Orchard and______________________
Public Works Project: ________________________
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discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI,
you must take reasonable steps to -ensure that LEP persons have meaningful access to your
programs (70 Fed. Reg. at 74087 to 74100);
• Title IX of the Education Amendments of 1972, as amended, which prohibits you from
discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq).
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