064-20 - Hugh G. Goldsmith & Associates, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of July 28,2020, by and between the City of Port Orchard,
a municipal corporation, organized under the laws of the State of Washington, whose address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafterthe "CITY")
216 Prospect Street
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Hugh G. Goldsmith & Associates, aCorporation, organized underthe laws of the State of
Washington, doing business at:
Hugh G. Goldsmith & Associates, Inc
l2l5 l l4th Avenue SE
Bellevue, WA 98004
(hereinaftel the (CONSULTANT')
Contact: Lee Nyquist Phone.4Zl.462.1080 Email: lnyquist@goldsrnithengineering.com
for professional services in connection with the following Project:
McCorrnick Ridge Dam Safety Upgrades
TERMSAND CONDITIONS
1. Seruices by Consultant.
A. The Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services perfonned by the Consultant shall not exceed the Scope of Work
without prior written authorization frorn the City.
B, The City may from tirne to time require changes or rnodifications in the Scope of Work.
Such changes, including any decrease or increase in the amount ofcompensation, 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 Agleement. If delays beyond the
Consultant's reasonable control occur', the palties will negotiate in good faith to determine whether an
extension is appropriate.
B. The Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed
Terms. This Agleement shall commence on Julv 28. 2020. Commencement Date") and shall
tenninate December 31. 2020 unless extended or terminated in writing as plovided herein. The
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3.
City reserves the right to offer two (2) one-year extensions prior to contract expiration to
retain the selected company's services.
4, Compensation.
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$43"681.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "A."
5. Payment.
A. The Consultant shall maintain time and expense records and provide them to the City
monthly after services have been performed, along with monthly invoices in a format acceptable to the City
for work performed to the date of the invoice.
B. All invoices shall be paid by City wan'ant witliin thirty (30) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notify the Consultant of the same
within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in dispute, and
the parties shall immediately make every effort to settle the disputed portion.
C. The Consultant shall keep cost records and accounts pertaining to tliis Agleernent available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreernent. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter'), the Consultant shall oomply
with all federal and state laws applicable to independent contractors, including, but not lirnited to, the
maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as lequired by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an ernployer-
employee lelationship between the pafiies, which is subject to Title 51 RCW, Industrial Insurance.
E. If the set'vices rendered do not meet the requirements ofthe Agreement, the Consultant will
correct or modi$r the work to comply with the Agreement. The City may withhold payment for such work
until the work meets the requirements of the Agreement.
6. Discrimination and Compliance with Laws
A. The Consultant agrees not to discriminate against any employee or applicant for
employment or any other person in the perfonnance of this Agreement because of Lace, creed, color,
national origin, marital status, sex, age, disability, or other circurnstance prohibited by feder.al, stat€, or
local law or ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct tlre performance and details of the work authorized under this Agreement, the wolk must meet the
approval ofthe City and shall be subject to the City's general right ofinspection to secule the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations tlrat are now effective or become applicable within the tenn(s) of this Agreernent to the
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Consultant's business, equipment and personnel engaged in operations covered by this Agreement ot'
accruing out ofthe performance ofsuch operations.
C. The Consultant shall obtain a City of Port Orchald 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 pad, and may result
in ineligibility for furthel work for the City.
7. Relationship of Parties. The parties intend tlrat an independent contl'actor'-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. ln the perfolrnance 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, ale available fiom the City to the employees, agents, representatives or sub-consultants ofthe
Consultant. The Consultant will be solely and entirely responsible for its acts and for the acts of its agents,
employees, representatives and sub-consultants duling the perfonnance of this Agreement. The City may,
during the term of this Agreement, engage other independent contlactors to perform the same or similar
wolk that the Consultant performs hereunder.
8. Suspension and Termination of Agreernent
A. Telmination 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 ofcreditors.
B. Terminatiol 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. Rishts Upon Termination.
L With or Without Cause. Upon termination fol any reason, all finished or unfinished
documents, r'eports, 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 terminatiorr. The Consultant shall use its best effofis to minimize
the compensalion payable under this Agreement in the event of such termination. Upon
termination, the City may take over the work and prosecute the same to completion, by contract or
otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
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fully perforrned. Any extra cost or damage to the City resulting from such default(s) shall be
deducted from any rnoney due or coming due to the Consultant. The Consultant shall bear any extra
expenses incurred by the City in cornpleting the work, including all increased costs for completing
the wotk, and all damage sustained, or which rnay be sustained, by the City by reason of such
default.
D. Suspension. The City may suspend this Agreement, at its sole discretion. Any
reitnbursement 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 ofservices undel
this Agleement witlrout delay when the suspension period ends.
E, Notice of Tennination or Suspension, If delivered to the Consultant in person, tennination
shall be effective irnmediately upon the Consultant's receipt of the City's written notice or such date as
stated in the City's notice of tertnination, 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
anticipatedperiodofsuspension. NoticenrayalsobedeliveredtotheConsultantattheaddresssetforthin
Section 15 herein.
9. Standard of Care. The Consultant r€presents and warrants tlrat it has the requisite training, skill
and experience necessaly to provide the seryices 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 sarne profession cumently practicing in sirnilar circumstances,
10. Ownership of Work Product.
A. All data, tnaterials, reports, rnemoLanda, and other documents developed under this
Agreement whether finished or not shall become the ploperty of the City, shall be forwarded to the City at
its request and may be used by the City as it sees fil. Upon termination of this Agreement pursuant to
paragraph 8 above, all finished or unfinislrcd docurnents, repol'ts, or other material or work ofthe Consultant
pursuant to this Agleement slrall be subrnitted to the City. Any reuse or modification of such documents,
reports ol'other material or work of the Consultant for purposes other than those intended by the Consultant
in its scope of services undel this Agreement shall be at tlre City's risk.B. All wlitten infon-nation subrnitted by tlre City to the Consultant in connection with the
services performed by the Consultant r.rnder this Agreement will be safeguarded by the Consultant to at
least the same extent as the Consultant safeguards like information lelating to its own business. If such
information is publicly available ol is already in the Consultant's possession or known to it, or is rightfully
obtained by the Consultant from thild parties, the Consultant shall bear no responsibility for its disclosur.e,
inadvertent or otherwise. The Consultant is permitted to disclose any such information only to tlre extent
required by law, subpoena or other court ordel.
11. Work Performed at the Consultant's Risk. The Consultant shall take all precautions necessary
and shall be responsible for the safety of its employees, agents and sub-consultants in the performance of
the work hereunder, and shall utilize all protection necessary for that purpose. All wolk shall be clone at
the Consultant's own risk, and the Consultant shall be responsible for any loss of or damage to rnaterials,
tools, ot'other atticles used or held by the Consultant for use in connection with the work.
12, Indemnification. The Consultant shall defend, indernnify and hold the City, its officers, officials,
employees, agents and volunteers harrnless from any and all clairns, injulies, darnages, losses or suits,
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including all legal costs and attorneys' fees, 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 4.24.175,then,
in tlre event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting fi'om the concurent 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 I.IEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF
IMMI.JNITY UNDER INDUSTRIAI- INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES
OF THIS INDEMNIFICATION. TI.IE PARTIES FURTHER ACKNOWLEDGE THAT TFIEY HAVE
MUTUALLY NEGOTIATED THIS WAIVER.
13. Insurance. The Consultant shall procure and maintain for the duration of this Agreement,
ilrsurance against claims for injuries to persons or damage to property which rnay arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees,
A. Minirnurn Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liabilitv- insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insutance Services Office (lSO) fonn CA 00 0l
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 0l or a substitute fonn providing equivalent liability coverage and shall cover
I iability arising frotn prelnises, operations, independent contLactors and personal injury
and advertising injury. The City shall be named by endorsement as an additional
insuled 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 Liabilit), iusurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintairr the following insurance limits:
l. Autornobile Liabilitv insurance with a minimum combined single lirnit for bodily
injury and property darnage of$1,000,000 per accident.
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2. Comrnercial General Liability insurance shall be uitten with limits no less than
$1,000,000 each occurrence, 92,000,000 general aggregate.
3. Workers' Compensation Employer's Liability each accident $1,000,000, Employer,s
Liability Disease each ernployee $1,000,000, and Employer's Liability Disease -Policy Lirnit $ 1,000,000.
4. Professional Liability insurance shall be written with limits no less than $1,000,000
per clairn and $1,000,000 policy aggregate limit.
Other Insulance Provisions
The insuranc-e.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 insutance 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 insulance 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 leceipt requested, has been given to the City.
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.
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 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 amenclatory
endorcements, including but not necessarily limited to the additional lnsured endorsemeni,
evidencing the insumnce requirelnents of the Consultant before commencement of the work.
14. Assigning or Subcontt'acting. The Consultant shall not assign, tlansfer, subcontmct or encumber
any rights, duties, or interests accruing flom this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
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15. Notice. Any notices required to be given by the City to the Consultant or by ttre Consultant to the City
shall be in writing and delivered to the parties at the following addresses:
Robert Putaansuu
Mayor
216 Prospect Stl'eet
Port Orchard, WA 98366
Phone: 360.876.4407
Fax: 360,895.9029
Hugh G. Goldsrnith & Associateso Inc
Attn: Lee Nyquist
H+51{4rlr*v€s,E- il
Bellevue, WA 980ef
D \3p
Wi,ffi'o-'?
Phone: 425.462.1080
Fax: 425.462.7719
16. Resolution of Disputes and Governing Law.
A. Should any dispute, misunderstanding or conflict arise as to the terms and conditions
contained in this Agleement, the matter shall first be refened 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 heLeunder.
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 witlr the Mayor's decision on a disputed mattel'o jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be govemed 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 pafty shall be entitled to recover its costs, disbursements, and reasonable attorneys'
fees fi'om the other party.
17, GeneralProvisions.
A. Non-waiver of Breach, Tlte failure of either party to insist upon stlict performance of any
ofthe covenants and agreements contained herein, or to exercise any option herein contained in one or rnore
instances, shall not be construed to be a waiver or relinquishment of said covenants, agreements, or options,
and the same shall be in full force and effect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and
the Consultant.
C. Severability. The provisions of this Agreernent are declared to be severable. lf any
pt'ovision of this Agleement is for any leason 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 priol verbal statements ofany officer or other representative ofthe City,
and such statements shall not be effective or be constmed as entering into or forming a part of or altering
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in any manner whatsoever, the Agreernent or the Agreement documents. The entire agr.eement between
the parties with respect to the subject matter hereunder is contained in this Agreerneni and the Exhibits
attached hereto, which may or may not have been dated prior to the execution of this Agreement. All of
the above documents are hereby made a parl of this Agreement and form the Agreement document as fully
as if the same were set forth herein. Should any language in any of tlie Exhibits to this Agreement conflict
with any language contained in this Agreement, then this Agreement shall prevail,
18. Title VI
The City of Port Orchard, in accordance with Title VI of the Civil Rights Acr of 1964, jg stat. 252,
42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Deparhnent of Transportation
subtitle A, Office of the Secretaty, Part 21, nondiscrimination in federally assisted prograrns of the
Depaftment of Transportation issued pursuant to such Act, must affirmatively insure ihaiits contracts
comply with these regulations.
Therefore, during the perforrnance of this Agreement, the Consultant, for itself, its assignees, and
successol's in interest agrees as follows:
I ' Compliance with Regulations: The Consultant will cornply with the Acts and the Regulations
relative to Nondiscrimination in Federally-assisted programs of the U.S. Department ol
Transpottation, Federal Highway Adrninistration (FHWA), as they rnay be irnended fi'om time to
time, whiclt are hetein incorporated by reference and made a part of this Agreement.
2, Nondiscrimination: The Consultant, with regard to the work perfonned by it during this
Agreemelrt, will not discrirninate on the glounds of race, color, national origin, sex,ig",
disability, income-level, or LEP in the selection and retention of subcontr.aciors, 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 ai set forth in
Appendix A, attached hereto and incotporated herein by this reference, including enployment
practices when this Agreement covers any activity, project, or program set for.thln Appendix B of
49 C.F.R. par|21.
3, Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all
solicitations, either by competitive bidding, or negotiation made by the Consultant ior work to be
performed under a subcontract, including procurements of materials, or. leases of equiprnent, each
potential subcontractor or suppliel will be notified by the Consultant of the Consultant's
obligations undel this Agreement and the Acts and the Regulations relative to Non-discr.imination
on the grounds of race, color, national origin, sex, age, disability, income-level, or LEp.
4. Information and Reports: The Consultant will provide all information and rcpofts required by
the Acts, the Regulations and directives issued pulsuant thereto and will pelnii access io its
books, records, accounts, other sources of information, and its facilities ui may be deterrnined by
the City or the FHWA to be peftinent to ascertain compliance with such Acts, Regulations, and
instructions. Where any information tequired of the Consultant is in the exclusivelpossession of
another who fails or refuses to furnish the information, the Consultant will so certifo to the City
or the FHWA, as appropt'iate, and will set forth what efforts it has made to obtain the information.
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5. Sanctions for Noncompliance: In the event of the Consultant's nonconrpliance with the Non-
discrimination provisions of this Agreement, the City will impose such contr.act sanctions as it or
the FHWA may determine to be appropr.iate, including, but not limited to:1. withholding payments to the Consultant under the Agreernent until the contractor
complies; and/or
2. cancelling, terminating, ol suspending the Agreement, in whole or in part.
6' Incorporation of Provisions; The Consultant will include the provisions of paragraphs one
through six in every subcontract, including procurernents of materials and leases of equipment,
unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The ionsultant
will take action with respect to any subcontract or procurement as the Ciry or the FIIWA may
direct as a means of enforcing such provisions including sanctions for noncompliance, proviied,
that if the Consultant becomes involvecl 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 Siates to
enter into the litigation to protect the interests ofthe United States.
IN WITNESS WHEREOF, the parlies have executed this Agreemcnt on the day and year set fortlr
above.
CITY OF PORT ORCHARD,
WASHINGTON
CONSULTANT
By
Robert Putaansuu,/79
AT']'EST/A ATE:
Title:
City Clcrk
FORM
,-i;--..*
A
'^!------.- -
City of Port Orchard and Hugh G. Gold:mith & A.\sociares, Itlc
Pro/esslonal Sarvlce Ag,cement Contract No. C064-20
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APPDNDIXA
During the perfornrance of tlris Agreement, the Consultant, fol itself, its assignees, and sucsessol's in
interest agrees to comply with the following non-disclimination 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
discrirnination 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 19?0, (42
U.S.C. $ 4601), (prohibits unfail treatment of persons displaced or whose property has been
acquired because ofFederal ol Federal-aid progmms and projects);
Federal-Aid Highway Act of 1973, (23 u,s,c, $ 324 et seq.), (prohibits discrimination on the
basis ofsex);
section 504 of the Relrabilitation Act of l9?3, (29 u.s,c. $ 794 et seq,), as amended, (pr.ohibits
discrirnination on the basis of disability); and 49 C.F.R.Pan21;
The Age Discrimination Act of 1975, as amended, (42 U .S.C, g 6101 et seq.), (prohibits
discrimination on the basis of age);
Airpofi and Airuay hnprovernent Act of 1982, (49 USC$ 471, Section 47123),as amended,
(prohibits discrimination based on race, creed, color, national origin, or sex);
The civil Rights Restolation 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 19?3, by expanding the definition of the terms "programs
or activities" to include all of the programs or activities of the Federal-aid rccipients, sub-
recipients and contractors, whether such prograrns or activities ale Federally funded or not);
Titles ll and III of the Amelicans with Disabilities Aot, which prohibit discrimination on the basis
of disability in the opelation of public entities, public and p'ivate ttanspoltation systerns, places
of public accornrnodation, and certain testing entities (42 U,S.C. gg 12131-12139) as
implemented by Deparhnent of Transportation regulations at 49 C,P.R, parts 37 and 38;
The Fedeml Aviation Administration's Non-discrimination statute (49 U.S.C, $ 47123) (pr.ohibits
discrirnination on the basis of racg, color', nalional origin, and sox);
Executive Older 12898, Federal Actions to Address Envjronmental Justice in Minority
Populations and Low-lncome Populations, which ensules disorimination against urinority
populations by discouraging programs, policies, and activities with disploportionately lrigh and
advel'se human health or envit'onrnental effects on minority and low-income populations;
Executive Order l3 166, Improving Access to Selices fol Persons with Limited English
Proficiency, and resulting agency guidance, national origin discrimination includes discrimination
because of limited English ploficiency (LEP). To ensure compliance with Title VI, you rnust take
t'easonable steps to -ensule that LEP persons havo meaningful access to youl'programs (?0 Fed.
Reg, at 74087 to 74100);
Title IX ofthe Education Amendments of 1972, as amended, which prohibits you from
discriminating besause of sex in education programs or activities (20 u,s.c. l68l et seq).
City olPort Orchard oncl Ilugh G. Goldsmith & Associates, Inc
Profassional Service Agreenent Conlracl No. C064.20
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Rev 7/l 8/2019
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Exhibit A
Contract No. 064-20
EitrILDEiMITH
LAND DEVELOPMENT SERVICES
Jtly 15,2O2O
City of Port Orchard
21-6 Prospect Street
Port Orchard, WA 98366
A.ttention: Zach Holt, Stormwater Manager
Re: Proposal for Dam Safety Pond Hydrologic Analysis - McCormick North Phase I East Dam
(DSO File # KP15-L891)
Dear Zach,
Thank you for the opportunity to provide you and the City of Port Orchard with our proposal to
prepare an Updated Hydrologic and Hydraulic Analysis for the McCormick North Phase I East Dam
(DSO File # KP15-1891).
The following Scope of Work and the proposed budget is based on our review of the Washington
State Department of Ecology "2OI8 Periodic lnspections of McCormick North Phase I East Dam"
inspection report dated December 28, 20L8; together with a review of the Dam Safety Plans and As-
Builts of the detention and water quality facility and outfall; and the site visit with you on October 9,
2019,
As a geotechnical engineer is needed to reevaluate seismic stability of the embankment using
increase standards, and evaluation of options associated with the geogrid, we recommended that the
City contract with Terra Associates, lnc. (TAl), the project geotechnical engineer during site
development. Kevin Roberts, TAI joined us during the site visit, and we understand that TAI will
crntract separately with the city for geotechnical services. Goldsmith anticipates general
ccordination and correspondence with TAl, the City, and potentially WSDOE Dam Safety Office
associated with this work, This general coordination is included in the scope of work.
The Scope of Work derived from the review and site visit noted above is as follows:
L. Establish survey control and install benchmarks.
o Coordinate locations for Benchmarks to be installed at L00 ft intervals around the top of
the fill embankment,
o Set Benchmarks with monitoring plates for future monitoring outside of dam area,
r Establish Elevations and Produce Mapping.
19236 COPOMcCormNorth Ph I Dam HydrolAnalysis Proposal 2020-07-15
Page ll
1215 114th Ave SE, Bellevue, WA 98004
PO Box 3565, Bellevue, WA 98009
T : 425. 462.t080 | F : 425. 462.7 7 t9
www,goldsm ithenginee rin g.com
City of Port Orchard Proposal for Dam Safety Pond Analysis
Attn. Zach Holt
JulV 15,2020
2. Conduct a site visit(s) with the City of Port Orchard.
o Site visit performed on October 9, 2079 with Zach Holt, Terra Associates, lnc,, and
Goldsmith,
o Follow-up field visits to determine the drainage path and inundation area using visual
observations, and current L|DAR mapping of the residential area north of the pond.
3. Updated hydrology and hydraulic analysis to account for a north embankment breach
scenario and a potentially increased hazard class rating; and the current DSO design storms
and precipitation values.
o Reconstruct and Run new hydraulic models to verify dam and spillway capacity for current
DSO criteria,
r Prepare findings and recommendations in the event the facility does not demonstrate
adequate capacity for DSO criteria.
4. Update inundation mapping to include and account for the current residential development
north of the site.
Research design plans and stormwater plans for the residential development north of the
site,
Utilize visual observations and overlay LiDAR mapping and compare to stormwater plans
for residential development north of the site.
5. Complete a Report with findings and recommendations and updated inundation mapping.
6. General Coordination and Correspondence with City (Owner), WSDOE Dam Safety, Sub-
Consultants, and others as needed.
lf it is determined by findings and recommendations andlor WSDOE Dam Safety Office that additional
work is needed for further analysis or design/construction changes to the facility, such efforts would
be separately scoped at that time.
We propose to perform the above noted Services per the attached Scope of Work for 543.681.00 in
accordance with our current Rate Schedule (attached). Costs will be monitored for unanticipated
issues that may arise during preparation and review.
You may authorize our services by returning one copy of this proposal to us, signed in the space
provided below.
We look forward to working with you on this project and are confident that we can provide the
proposed services in a timely, professional, and cost-effective manner.
a
19236 COPOMcCormNorth Ph I Dam HydrolAnalysis Proposal 2O20-O7-I5
Page l2 e
Gty of Port Orchard Proposal for Dam Safety Pond Analysis
Attn. Zach Holt
July 15,2020
Should you have any questions regarding the nature of this proposal, or wish to discuss it further,
please do not hesitate to call.
Sincerely,
P,E. I Goldsmith Engineering
CEA | 425.462.1080 | kgoldsmith@goldsmithengineering.com
Authorization is herewith confirmed for the scope of services and terms described above
Organization Signature*
Date Name Printed
*lndividual with contracting authority for services provided by Hugh G. Goldsmith & Associates, lnc. By
signing, the contracting authority indicates the General Conditions have been read and are understood.
Attachments: RateSchedule
General Conditions
Port Orchard 2020 DSO review - Proposal
Cc: Mark Dorsey, City of Port Orchard
tkith
19236 COPOMcCormNorth Ph I Dam HydrolAnalysis Proposal 2020-07-15
Page l3
RATE SCHEDULE
Effective January 1,2020 through December 31,2020
POSIT|ON DESCRIPTION/COMMENTS Rate/Hr
PROJECT MANAGEMENT / PRINCIPAL CONSULTANT
Principal ProJect Manager Principal Consultant Engineer/Surveyor $210
PROJECT ENGINEERING
Project Manager Project Management, Client Coordination, Overall Design Control $1ze
Sr. Project Engineer ProJect Deslgn / Engineering Plan Management $168
Project Englneer Project Designer - Assist Project Plan Management $156
Engineering Designer Technician Designer- Assist Project Engineering $142
PROJECT SUFVEYING
Sr. Project Surueyor L.S,P.L.S. Project Survey Control . Assistant Survey Management $163
Project Surveyor Project Suruey Calculation and Fleld Crew Control $147
Sr. Surueyor Party Chief - Data Coordination $132
Survey Technician Field Surveyor - Data Coordination $116
1-Man Suruey Crew Special Condition $165
2-Man Suruey Crew Typical $180
3-Man Suruey Crew Special Gondition - when required $250
sUAS Missions On-site and Data Processing $180
LAND PLANNING & LAND ENTITLEMENT COORDINATION
Project Land Use Management Entitlement & Land Subdivision Management Coordination W
Project Manager or Principal Consultanl
$130
Sr. Land Planner Land Planning - Land Use Exhibit Design $153
Land Planning / GIS Coordination Land Planning / GIS Coordination $1 20
Land Use Project Coordination Project Data Coordlnatlon, Permlt Prep and Tracking, etc.$105
DESIGN SUPPOBT. DRAFTING
Sr, CADD Technician CADD Tech Support lor Design & Survey, Planning - Exhibit Prep.$126
Engineering / Survey CADD Technician CADD Drafting $111
Office Administration Word Processing, in-house repro., deliveries, file transferc, etc.$70
SPECIAL CHARGES
Project Costs Outside Consultants, Outside Reprographics, etc.Cost + 12%
Per Dlem Average $13Spp/day
Mileage Field Vehicle Only beyond SO-mile radius $0.85/mi
Court Availability and/or Testimony Minimum $850/4 hours. Each additional hour at 921O/hr,Min. $850
Reproduction Costs (Home Office)
Black & White:
8.5" x 1 1": $0,15 per sheet
8.5" x 14': $0,20 per sheet
1"1" x 17": $0,25 per sheet
18" x24": $1.25 per sheet
24' x36": $1.50 persheet
36" x 48": $1,50 per sheet
Color:
8.5" x 1 1":
8.5" x 14":
11" x 17":
18" x24':
24'x3d':
36" x 48":
$ 1,25 persheet
$ 1.50 persheet
$ 2,00 per sheet
$50.00 per sheet
$108.00 Setup/1sr Print; $36.00 each thereafter
$175.00 Setup/1'r Print; $72.00 each ihereafter
NOTE: The above rates will have geklgelto them any increment increase imposed on our business by a state tax.e
GENERAL CONDITIONS
BILLING
Blllng qtill be submitted for seMces performed. Pajrment is due on recelpt of the lnvoice unless ottrenrrise agreed to lrr vrrlffng,
Sen'ice dtarge at tlle rate of one and one-half percent per month will be added to unpald accounts due over 30 days, All o<penses
incurred in Uening or collecting any deltnquent amount includtng, but not ltmtted to, reasonable attomeys' fees, wltness fees, court costs,
and charges at current btlltng rates for Ume, transportation and subsistence shall be patd in addiflon to the deltnquent amount.
TERMINATTON OF SERVICES
In the event that the Client requests termlnatlon of our senrlces prior to completion, we reserve the rtght to complete such
analyses and record preparatlon asl are necessary to place our ffles ln order and, where considered by us necessary to protect our
professioral reputatlon, to complete a report on the seffices performed to date. A termlnafion charge to eover the cost thereof ln an
amount not to e)rceed 30 percent of all charges lncurred up to the date of the terminauon of the contract may be made at the discreHon of
Hugh G. Goldsrnlth & Assoclates, Inc. Llkewise, should it be deemed necessary (in our sole dtscretion) to terminate servlces for any
reason, burteen days notice will be glven to client and all files, data, lnformadon, reports, etc, will be made avallable for clienfs
inspectior and use, subject to appropriate limltations and disclaimers.
STANDAND OF CART AND LIMIT OF PROFFSSIONAL LIABILIIY
Hugh G. Goldsmith & Assoclates, Inc. performs its professlonal servlces wltlr that degree of care and sktll ordtr:arlly exercised by
members of the clvil engineering and land surv€ylng professions currently practlcing ln thls area under slmllar conditions, No other
conditiorrs are orpressed or lmplied. We will not be responslble for the lnterpretation by ottrers of the informaUon that we develop,
Should we or arry of our professional employees be found to have been ne$igent in the performance of serdces to the standard of care of
the profession, you agree that the mddmum aggregate amount of your recovery agalnst us or to our employees shall be limited to our fee
for the services provided under this contract. Should t}e terms ofyour contract or purchase order speciffcally place greater responslbiUty
on us or require higher limits of coverage , we wlll attempt to obtain coverage to your prescrtbed limits, the charges for which shall be
bomebyyou.
INSTIRAIICE
Hugh G. Goldsmlth & Associates, Inc. malntalns comprehensive general liabiltty lnsurance coverage wtrlch, subJect to the ltmtts,
terms and conditions of the policy, provides protection against liability arlslng out of bodtly iqiury and property damage that is the direct
resrrlt of negligence in our operational acHviUes, A certlflcate of lnsurance will be provided to you upon request in urriting. In the
performance of this agreement and subJect to the fimits, terms and condlflons of property damage and public liability coverage, we agree
to indemniff and hold you harmless from liability resulting from our neglgence, but only for that portlon of ltability which reflects the
percentage of our negflgence compared to the total negligence of all persons, ffrms or corporations which results ln damage to you.
Should the terms of your contract or purchase order speciffcally place greater responsibllity on us or require higher limits of coveragle, we
wtll atterr4t to obtatn addldonal coverage to your prescribed llrnlts, the charges for which shall be bome by you. You agree, trf, any case,
that we shall not bear responsibiUty for general lfability or property damage from any cause lncluding ffre and explosion, beyond the
limlts of coverage tn effect for your speclffc project.
CLIENT FURNISHED INFORMATION
The Client is responstble to provide Hugh G. Goldsmith & Associates, Inc. a description of the property, lts locaUon and the
locations of any buried utilities or stmctures if known. The Client ls responsible for advising Hugh G. Goldsmith & Assoclates, Inc, of
any requiements for entry or work perrnits, securlty clearances, licenses, or arry other required permissions. If the property is not oumed
by the Cli=nt, the Client shall obtaln riglrt-of-entry for ttre purpose of accomplishing our services.
OWNERSHIP OF DOCUMENTS
All reports, deslgn drawings, field data, fleld notes, working drawings, calculations, estimates, and other documents prepared by
Hugh G. Goldsmith & Assoclates, Inc, or its agents, whlch are not paid for, wlll be retumed to us upon demand and will not be used by
the Client for any purpose whatever, We will retain all pertinent records reladng to the services performed for a period of ffve years
followlng completion, during which period the records will be made available to the Cllent at all reasonable times. Reuse of any
instr-rments of service by the Client on extensions of this project or on any other proJects without Hugh G. Goldsmtth & Associates, Inc.'s
written permisslon shall be at the Client's risk and the Client agrees to indemniff and hold harmless Hugh G, Goldsmith & Associates,
Inc. from all clalms, damages, and expenses including attomeys' fees arlsing out of such unautiorized reuse.
DISPUTES
kr the event that a dispute should arlse relattng to the performance of the servicee to be provided under Uris Agpeement, and
should that dispute result in UUgaUon, lt is agreed that the prevafllng party shall be eniltled to recover all reasonable costs Incurred in the
defense of the claim, including staf Ume, court costs, attomeys' fees, and other clalm-related expenses.
.'OB SITE
Hugh G. Goldsmjth & Associates, Inc. udll be responsible for our professiona.l actldtles on the Job site. This shall not be
constn-red to relieve the cltent, owner or construcffon contractors of their obligation to malnt^h a safe Job slte. Nelther our professional
acfivitjes nor our presence shall be understood to control the operafions ofothers, nor shall it be constxued to be an acceptance ofthe
responsibility forJob site safety. ConstructionJob site safety ls the responslbility of the General Contractor.
ASSIGNS
llelther the client, nor Hugh G. Goldsmith & Associates, Inc. may delegate, assigyr, sublet or.transfer the dutles, lnterests nor
responsiblllties set forth in this Agpeement wlthout the written consent of the other party.
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