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HomeMy WebLinkAboutBERK Consulting, Inc. Supplement No. 2 - 092618The Local Agency of Jefferson Count_ desires to supplement the agreement entered into with BERK Consultants, Inc. and executed on February 5, 2018 and identified as Agreement No. Professional Services Contract for Comprehensive Plan Periodic Review All provisions in the basic Professional Services Contract, dated 2/5/2018, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2. Scope of Services, is hereby changed to read as follows: Consultant agTees to perform the services identified on Exhibit "A" and "Exhibit G — Supplement 2 to the Scope of Services" attached hereto, including the provision of all labor. II Section 3. Time for Performance, is hereby changed to read as follows: Work under this contract shall commence upon the giving of written notice by the Count to the Consultant to proceed Consultant receipt of a Purchase Order shall constitute said notice. "Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on "Exhibit H — Supplement 2 to the Schedule" attached hereto." V "Exhibit G" and "Exhibit H" are added to the Contract. Page 1 of 2 Organization and Address Supplemental Agreement Number 2 BERK Consultants, Inc. 2200 Sixth Avenue, Suite #1000 Seattle, WA 98121 Agreement Number Project Number Phone (206)324-8760 Project Title Contract Current Contract Estimated Contract Professional Services Agreement for Not to Exceed: Balance: Supplement: Comprehensive Plan Periodic Review $65,670.00 $8,766.78 N/A Description Supplement No. 2 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with: (1) "Exhibit G — Supplement 2 to the Scope of Services" extending work time periods in Tasks 1 &2 and overall contract completion to October 31, 2018 and (2) "Exhibit H -- Supplement 2 to the Schedule" describing an extension to the contract completion date from September 30, 2018, adding 31 days, and updating the Time for Performance to October 31, 2018 . The Local Agency of Jefferson Count_ desires to supplement the agreement entered into with BERK Consultants, Inc. and executed on February 5, 2018 and identified as Agreement No. Professional Services Contract for Comprehensive Plan Periodic Review All provisions in the basic Professional Services Contract, dated 2/5/2018, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2. Scope of Services, is hereby changed to read as follows: Consultant agTees to perform the services identified on Exhibit "A" and "Exhibit G — Supplement 2 to the Scope of Services" attached hereto, including the provision of all labor. II Section 3. Time for Performance, is hereby changed to read as follows: Work under this contract shall commence upon the giving of written notice by the Count to the Consultant to proceed Consultant receipt of a Purchase Order shall constitute said notice. "Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on "Exhibit H — Supplement 2 to the Schedule" attached hereto." V "Exhibit G" and "Exhibit H" are added to the Contract. Page 1 of 2 Signatures indicate agreement to the changes as stated in this Supplement #2 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this Z / day of &m� , 20�. BERK Consultants Inc. Consultant Con tant's Signature Date COUNTY OF JEFFERSON BOARD OF C�QISSI E S David Sullivan, Chair Kathleen Kler, Member Kate Dean, Member ApproveqAs to f rm my thi day of J f�0�ef , 20i C" Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney -� Patty Charnas, trector Department of Community Development Page 2 of 2 "Exhibit G — Supplement 2 to the Scope of Services" Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc. and Jefferson County, Washington The Professional Services Agreement with BERK Consultants, Inc. for the Comprehensive Plan Periodic Review is supplemented providing additional time for Task 1: Project Administration and Task 2: Comprehensive Plan Update—Plan Formatting and Presentation. The contract completion date is October 31, 2018. This no -cost time extension provides Jefferson County with flexibility in responding to the Jefferson County Board of Commissioners' requested Comprehensive Plan edits. Exhibit H — Supplement 2 to the Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc. and Jefferson County, Washington Summary Schedule for Final legislative Process Jefferson County Comprehensive Plan Comprehensive Plan Periodic Review 2018-2038 ver. 09/18/2018 Dates October 31, 2018 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley, County Administrator FROM: Austin Watkins, Planning Managerf �k "J 1 Patty Charnas, Community Development Directo — DATE: 9/24/2018 Agenda RE: Extending the Professional Services Contract for BERK Consulting STATEMENT OF ISSUE: The Department of Community Development ("DCD") leads the County's efforts in the Periodic Review and update of the Jefferson County Comprehensive Plan and Implementing Regulations, pursuant to the requirements of the Growth Management Act. Contracted professional services added needed capacity to DCD staff for analysis, writing, and design of the products necessary for GMA compliance. The term of the current Professional Services Agreement for Comprehensive Plan Periodic Review expires on September 30, 2018. In July 2018, the existing contract was supplemented extending the period of performance from July 31, 2018 to September 30, 2018, while adding additional services to meet the Jefferson County Board of Commissioners' requested changes to the Periodic Review and update of the Jefferson County Comprehensive Plan. As we near the end of the period of performance, DCD requests additional contract time to finish the requested work and requests a no -cost time extension of the contract to preserve flexibility in executing the requested edits. This supplement extends the Professional Services Contract for BERK Consulting by 31 days until October 31, 2018 at no -cost to Jefferson County. ANALYSIS: This time extension preserves flexibility for Jefferson County staff in implementing requested edits to the Periodic Review and update of the Jefferson County Comprehensive Plan. This supplement extends the period of performance by 31 days to October 31, 2018. FISCAL IMPACT: Not applicable. Consent Agenda RECOMMENDATION: Sign the three (3) contracts where indicated and return two (2) originals to Community Development for further processing. DEPARTMENT CONTACT: Austin Watkins, Planning Manager REVIEWED BY: C Philip Morl o Adminis or Date CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants, Inc. CONTRACT FOR: Jefferson County Comprehensive Plan Professional Services COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETURN TO: Austin Watkins (Person in De artmen Department of 1 Austin Watkins 379-4457 RETURN BY: TERM: October 31, 2018 -1velonment IMPORTANT: September 20, 2018 (Date) AMOUNT: Not to Exceed $65,670.00 PROCESS: ❑ Exempt from Bid Process Consultant Selection Process Revenue: 143.39700.00.0010 Cooperative Purchase Expenditure: 143.55860.41.0025 Competitive Sealed Bid Matching Funds Required: -0- Small Works Roster Sources(s) of Matching Funds Vendor List Bid RFP or RFQ Other Step 1: REVIEW BY S NT Review by: Date Reviewed: taAPPROVED FORM Returned for revision (See Comments) Comments Step 2: REVIEW BY PRO: Review by: Date Reviewed: APPROVED AS TO FORM El Comments TTORNEY e. Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) pd6i�� -� /�) �� - The Local Agency of Jefferson County desires to supplement the agreement entered into with BERK Consultants, Inc. and executed on FebruM 5, 2018 and identified as Agreement No. Professional Services Contract_ for Comprehensive Plan Periodic Review All provisions in the basic Professional Services Contract, dated 2/5/2018, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2. Scope of Services, is hereby changed to read as follows: Consultant agrees to perform the services identified on Exhibit "A" and "Exhibit D — Additional Level of Effort in Scope of Services" attached hereto including the provision of all labor. M Section 3. Time for Performance, is hereby changed to read as follows: Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed Consultant receipt of a Purchase Order shall constitute said notice. "Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "E" attached hereto." Section 4. Payment, is hereby changed to read at Section 4.a. as follows: Pagel of 3 Organization and Address Supplemental Agreement Number 1 BERK Consultants, Inc. 2200 Sixth Avenue, Suite #1000 Seattle, WA 98121 Agreement Number Project Number Phone (206)324-8760 Project Title Original Contract Current Contract Estimated Contract Professional Services Agreement for Not to Exceed: Balance: Supplement: Comprehensive Plan Periodic Review $57,670.00 $4,728.15 $8,000.00 Description Supplement No. 1 to Professional Services Agreement for Comprehensive Plan Periodic Review is appended with "Exhibit D -- Additional Level of Effort in Scope of Services" extending work in Tasks 1 &2; "Exhibit E -- Supplement to Schedule" describing an extension to the contract term from July 31, 2018, to add 60 days, updating the Time for Performance to September 30, 2018; "Exhibit F — Budget Supplement" to add $8,000.00 to the original contract amount for a Not To Exceed amount of $65,670.00, to provide a greater level of effort for professional services over a longer review and editing schedule. The Local Agency of Jefferson County desires to supplement the agreement entered into with BERK Consultants, Inc. and executed on FebruM 5, 2018 and identified as Agreement No. Professional Services Contract_ for Comprehensive Plan Periodic Review All provisions in the basic Professional Services Contract, dated 2/5/2018, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: Section 2. Scope of Services, is hereby changed to read as follows: Consultant agrees to perform the services identified on Exhibit "A" and "Exhibit D — Additional Level of Effort in Scope of Services" attached hereto including the provision of all labor. M Section 3. Time for Performance, is hereby changed to read as follows: Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed Consultant receipt of a Purchase Order shall constitute said notice. "Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "E" attached hereto." Section 4. Payment, is hereby changed to read at Section 4.a. as follows: Pagel of 3 "Payment for the work provided by Consultant shall be made as provided on Exhibit "F" attached hereto, provided that the total amount of pgyment to Consultant shall not exceed $65,670 without the express written modification of the agreement signed by the County." IV Section 15. Notices, is hereby updated to read at "Notices to Consultant shall be sent to the following address:" "BERK Consulting Inc 2200 Sixth Avenue, Suite #1000 Seattle, WA 98121" v "Exhibit D" "Exhibit E" and "Exhibit F" are added to the Contract. Page 2 of 3 Signatures indicate agreement to the changes as stated in this Supplement #1 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this -23)-d day of 20 BERK Consultants, Inc. Consultant Cons nN Signature Date COUNTY OF JEFFERSON BOARD OF CQXMISSIOr David Sullivan, Chair Kathleen K r, Member r�R N� Kate ean, Member Approved as to form only this day of , 201 O C, IU1149 Philip Hunsucker, Deputy Prosec ing Attorney C_. Patty harnas, erector at Department of Community Development Page 3 of 3 "Exhibit D -- Additional Level of Effort in Scope of Work" Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc. and Jefferson County, Washington The Professional Services Agreement with BERK Consultants, Inc. for Comprehensive Plan Periodic Review Professional Services is to be supplemented to provide additional time and level of effort than originally scoped for Task 1: Project Administration, and Task 2: Comprehensive Plan Update—Plan Formatting and Presentation. Due to the large number of suggested edits during Board of County Commissioners' (BoCC) deliberation meetings, the following Scope of Work is added in Supplement 1: Supplement to Task 1: Project Administration In coordination with County staff, the Consultant will provide professional services and be available for project communications and scheduling discussions. Supplement to Task 2: Amendments and/or Additions to Plan Template and Document Elements In coordination with County staff, the Consultant will make minor changes, as necessary, to the Plan Template and document structure to facilitate wayfinding between data and issues shared between Plan Elements. These changes may include providing cross-referencing statements or other page, section, or exhibit references in the narrative; additional legend information, if needed, for existing charts; additional wayfinding elements, such as graphics and/or additional sidebar information to link document areas. b. Consultant will provide technical support and assistance, as needed, regarding additional text and policy edits in response to BoCC suggested edits following the legislative process. c. Consultant will provide technical support, as needed, to make necessary edits to maps and charts such as additional legend information or data interpretation. Supplement 1. "Exhibit D" Deliverables: • Edited document template, sidebars, charts and maps with modifications and additions, as necessary. ■ Final editorial review of Comprehensive Plan and Technical Appendices for consistency in style, heading levels, and wayfinding elements. ■ Monthly Project Reports and Project Invoices. Exhibit E — Supplement to Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc. and Jefferson County, Washington Summary Schedule for Final Legislative Process Jefferson County Comprehensive Plan Comprehensive Plan Periodic Review 2018-2038 Dates ver. 7/03/18 c ai E a� a CL 3 tA a� to 3 m LL .G t X W soN �o JEFFERSON COUNTY DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street, Port Townsend, WA 98368 1 Web: www.co.Jefferson.wa.us/communitydevelopment `�rSNo Tel: 360.379.4450 1 Fax: 360.379.4451 1 Email: dcd a co.jefferson.wa.us SquareONE Resource Center I Building Permits 8 Inspections I Development Review I Long Range Planning TRANSMITTAL LETTER TO: Julie Shannon FROM: Joel Peterson jpeterson@co.jefferson.wa.us Recipient: Jefferson Co. BOCC Contract File Sender: Joel Peterson Address: Courthouse Jefferson County DCD 621 Sheridan Street Port Townsend, WA 98368 Phone: x384 360-379-4457 Date: August 2, 2018 We are transmitting the following: 1. Original signed Supplement #1 to Professional Services Agreement, Jefferson County Comprehensive Plan Periodic Review Project Action if required: None This is: [ ] Per your Request [ ] For your Information [ ] For your Review & Approval [X 1 For your Files [ ] For your Action Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley, County Administrator FROM: Joel Peterson, Associate Planner Patty Charnas, Community Development Director Austin Watkins, Planning Manager DATE: 7/23/2018 Agenda RE: Extending Professional Services Contract for BERK Consulting, Inc., and Amending Contract Amount foir Additional Assistance within the Original Scope of Final Comprehensive Plan and Implementing Regulations Periodic Review Documents STATEMENT OF ISSUE: The Department of Community Development (DCD) leads the County's efforts in the Periodic Review and update of the Jefferson County Comprehensive Plan and Implementing Regulations, pursuant to the requirements of the state Growth Management Act (Chapter 36.70A RCW). Contracted professional services have added needed capacity to DCD staff for analysis, writing, and design of the products necessary for GMA compliance. The term of the Professional Services Agreement for Comprehensive Plan Periodic Review expires July 31, 2018; originally timed to occur after the GMA deadline for Jefferson County of June 30, 2018. As the Board of County Commissioners is complete with deliberations, staff and consultants need additional time to effect the proposed edits to the Plan and supplemental funds to carry the project to completion. ANALYSIS: The original contract scope of work has been completed and the budgeted funds of $57,670 have been expended. A contract supplement is needed to extend the Agreement and cover the extended timeframe of the project. Supplement #1 amends the contract by adding a greater level of effort and work outlined in the original scope for writing, editing, and formatting the Comprehensive Plan with the Board's edits; supplements the contract budget with $8000; and extends the Agreement term 60 days to September 29, 2018. FISCAL IMPACT: Consent Agenda The Professional Services Agreement for Comprehensive Plan Periodic Review will be supplemented with $8000 from the County General Fund to make the time and materials project total not to exceed $65,670. RECOMMENDATION: Sign the three (3) contracts where indicated and return two (2) originals to Community Development for further processing. DEPARTMENT CONTACT: Joel Peterson, Associate Planner, 379-4457 REVIEWED BY: Philip Morle , County Administrator Dat SON co JEFFERSON COUNTY G2� DEPARTMENT OF COMMUNITY DEVELOPMENT -c 621 Sheridan Street I Port Townsend, WA 98368 360-379-4450 1 email: dcd@co.jefferson.wa.us 951 NGhttp://www.co.jefferson.wa.us/260/Community-Development MEMO To: Contract Reviewers From: Joel Peterson, Associate Planner y.t Date: July 17, 2018 Subject: Contract Documents and Review Notes for Supplement #1, Professional Services Contract, BERK Consultants, Inc. Contract Supplement #1 amends the Agreement to: • Extend the contract term 60 days to September 29, 2018, • Provide an updated Scope of Work statement, • Supplement the contract budget with an amount not -to -exceed $8000, raising the total project amount to $65,670. Please return to DCD as soon as possible. The contract expires July 30, 2018. 1 would like to get this contract supplement on the July 23 Board consent agenda. Thanks. CONTRACT WITH: CONTRACT FOR: CONTRACT REVIEW FORM BERK Consultants, Inc. Supplement #1 to Jefferson Co. Comprehensive Plan Professional Services Contract TERM: September 29, 2018 COUNTY DEPARTMENT: Department of Comm ni Develo, !Sent For More Information Contact: Joel Peterson, Associate Planner Contact Phone #: 379-4457 RETURN TO: ' Joel Peterson RETURN BY: Friday, July la,°2018 (Person in Department) Date AMOUNT: Supplement $8000 for NTE tot. $65,670 PROCESS: r - Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds 143.39700.00.0010 143.55860.41.0025 -0- Step 1: REVIEW BY RISK Review by: Date Reviewed: APPROVED FORM Comments Step 2: REVIEW BY Review by: Date Reviewed: APPROVED AS TO FORM Comments Exempt from Bid Process x Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other for revision (See Comments) ATTORNEY Returned for revision (See Comments) Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) Julie Shannon From: Julie Shannon Sent: Friday, July 20, 2018 11:43 AM To: Philip Hunsucker; Philip Morley Cc: Joel Peterson; Mark McCauley Subject: Contract RUSH! re: BERK Consultants, Inc. - Supplement #1; JC Comp Plan Professional Services Attachments: BERK Consultants, Inc.pdf Importance: High Joel called relaying the attached contract is a RUSH! as it expires Ju(Y30, 2018. With July 3 o1 a'Fifth Monday' and no meeting, this'should/must' be on Monday, July 23rd for BoCC approval on the Consent Agenda. The next available Consent Agenda is of course not until August 6th, BoCC Regular Meeting. The Agenda for Monday, July 23" is already completed and posted on AC CaptureAll but could be re -published up until 5:oopm today, Friday, July 20th May this BERK Contract be approved 'on record' Monday, July 23rd The Originals for your Contract Review Approval are on the counter in the Co. Admin. Office if something can be done this afternoon or over the weekend. Let me know if I can be of assistance. Thank you, Julie Shannon Executive Secretary II, Jefferson County Commissioners Office Secretary, Jefferson County Civil Service Commission Clerk of the Board, Jefferson County Board of Equalization 360 385 9100 Julie Shannon From: Joel Peterson Sent: Friday, July 20, 2018 11:52 AM To: Julie Shannon; Philip Hunsucker; Philip Morley Cc: Mark McCauley Subject: RE: Contract RUSH! re: BERK Consultants, Inc. - Supplement #1; JC Comp Plan Professional Services Attachments: Amend ment-ConsentAgendRequest.docx Thanks Julie. I'll go ahead and provide the Consent Agenda Request to you now (attached), which would normally be attached after I receive the completed Risk/Legal review. Sorry to step outside of the normal procedure, but I've been pushing this amendment for weeks and it still hovers—like wafting a piece of goose down across the room. Joel Joel Peterson Associate Planner, Jefferson County Department of Community Development 621 Sheridan Street, Port Townsend, WA 98368 Phone 360-379-4457 * Fax 360-379-4451 4peterson@co.qefferson.wa.us From: Julie Shannon Sent: Friday, July 20, 2018 11:44 AM To: Philip Hunsucker <PHunsucker@co.jefferson.wa.us>; Philip Morley <pmorley@co.jefferson.wa.us> Cc: Joel Peterson <JPeterson @co.jefferson.wa.us>; Mark McCauley <MMcCauley@co.jefferson.wa.us> Subject: Contract RUSH! re: BERK Consultants, Inc. - Supplement #1; JC Comp Plan Professional Services Importance: High Joel called relaying the attached contract is a RUSH! as it expires JuIY30, 2o18. With July 3oth a'Fifth Monday' and no meeting, this'should/must' be on Monday, July 23`d for BoCC approval on the Consent Agenda. The next available Consent Agenda is of course not until August 6th, BoCC Regular Meeting. The Agenda for Monday, July 23'd is already completed and posted on AC CaptureAll but could be re -published up until 5:oopm today, Friday, July 20tH May this BERK Contract be approved 'on record' Monday, July 2,3',2 The Originals for your Contract Review Approval are on the counter in the Co. Admin. Office if something can be done this afternoon or over the weekend. Let me know if I can be of assistance. Thank you, Julie Shannon Executive Secretary II, Jefferson County Commissioners Office Secretary, Jefferson County Civil Service Commission Clerk of the Board, Jefferson County Board of Equalization 360 385 gioo PROFESSIONAL SERVICES AGREEMENT FOR Comprehensive Plan Periodic Review THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and BERK Consulting, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. Project Designation. The Consultant is retained by the County to assist with completion of the Jefferson County Comprehensive Plan Periodic Review. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "C" 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $57,670 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. e. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of CONSULTANT AGREEMENT Rr,1/2018 Page t of 6 three (3) years after final payments. Copies shall be made available upon request. 5. Ownershiiand Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including completed operations; CONSULTANT AGREEMENT Rev. 1/2018 Page 2 of 6 d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. CONSULTANT AGREEMENT Rev. 1/2018 Page 3 of 6 Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non -Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other Rev. 1/2018 CONSULTANT AGREEMENT Page 4 of 6 provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: S my, C.w.s%4kc^� , Tic . 7,ot5 -V:1,rsIr hve.� 5.:��e boo SeQAt , Wo, 98 l'1L 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. CONSULTANT AGREEMENT Rev. 1/2018 Page 5 of 6 SIGNATURE PAGE I - l DATED this `? day of F?&— a,�} 20 V SIGNATURE PAGE 'QE -RK C�S.►.Q��,�c Lhc . Name of Consultant �--:\ SS G r%A.P-A er Consultant's Representati a Please print) - c:y, - � (Signature) Title 01.401- Date "1.4OvDate JEFFERSON COUNTY BOARD OF COMMISSIONERS Kathleen Kler, Member Approved as to orm only: Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Patty Charnas, Director Date Department of Community Development CONSULTANT AGREEMENT Rc, vzota Page 6 of 6 EXHIBIT A Jefferson County Comprehensive Plan Update Scope of Services I January 26, 2018 Project Understanding Jefferson County is in the process of preparing its periodic Comprehensive Plan update under the Growth Management Act (GMA), due June 2018. The County has developed several draft plan elements and an overall Vision statement. Consulting services are desired to complete the plan update work and support County staff with related tasks necessary to deliver a streamlined, readable, and legally defensible plan and associated SEPA documentation by the June deadline. Scope of Services TASK 1: PROJECT LAUNCH AND ADMINISTRATION The Consultant will conduct a project kick-off meeting with County staff and officials to confirm project objectives, review the rapid plan audit (Task 2), refine project roles and schedule, review remaining data needs as needed, and review initial plan template concepts. This meeting will also be used to review County's remaining public participation and outreach needs and initial plans for how consultant services may assist (Task 5). The meeting will also establish protocols for ongoing communication and coordination with between the Consultant and County staff, including check-in calls and meetings, as appropriate. Given the speed of the projected effort it may be appropriate to hold this launch meeting at the day of a County Board of Commissioners meeting or Planning Commission meeting to meet officials and share the plan completion stages. Alternatively, the Consultant team can hold meetings with other staff, such as GIS analysts, or with other departments that will be reviewing work products, such as Finance and Public Works for the Utilities / Capital Facilities Element Regular team conference calls will be held during plan preparation and legislative review stages; weekly or bi-weekly calls are anticipated. Task T Deliverables Project roles and Communication protocols Data review :111 January 26, 2018 Jefferson County I Comprehensive Plan Update EXHIBIT A • Detailed project schedule and adaptation as project proceeds • Kick off meeting TASK 2: COMPREHENSIVE PLAN UPDATE Plan Audit The Consultant will review the County's existing comprehensive plan and updated plan elements completed by County staff or currently in progress. Given the extensive staff work, this audit will be designed to be rapid and focused, and set the stage for the forms submitted for the 60 -day Commerce review. The audit will specifically evaluate the following: ■ Plan Inventories: ° Identify inventory information that is out of date or incorrect, and information readily available or needed to address it. Identify opportunities and needs for text revisions to clarify meaning or use of maps and graphics to more efficiently convey information. • Goals and Policies: Review the County's Total Fitness Review process goals and policies of each element designed to achieve compliance with GMA and consistency with the Planning Commission's proposed adopted refreshed Vision. Identify questions or gaps if needed. Identify any remaining edits to integrate other County initiatives, address local needs, or improve readability and create action -oriented policies to aid implementation. Data Collection and Review The Consultant will collect and review data necessary for the plan update process, including County plans, studies, and tabular and spatial data. The Consultant will also collect data from outside sources where necessary to include the most up-to-date information in the Comprehensive Plan. The Consultant will provide an initial data request, listing required documents and datasets, to the County at the project kick-off meeting. Element Updates Based on the findings of the plan audit, the Consultant will update and complete the draft plan elements, including development of updated inventories and graphics, and selected plan policies given the prior policy fitness reviews. For each element, the Consultant will also propose implementation strategies, including actions and timelines, if time and resources are available. The following elements are anticipated to be developed or integrated into the Draft Plan for public review and finalized for adoption: ■ Introduction: The Consultant will update the Introduction, such as the status of the planning process and planning objectives, to match the intent of the Planning Commission's Vision refreshment, GMA changes, and Element changes. Identifying key actions for the next eight years or measurable objectives could also make this chapter serve as an executive summary. :i„ January 26, 2018 Jefferson County I Comprehensive Plan Update 2 EXHIBIT A • Land Use and Rural Element: This element incorporates the Land Use and Rural Element and Urban Growth Area Element. Staff have completed growth allocations and land capacity analyses, which will be reviewed and common assumptions applied to other elements, such as Capital Facilities. Consultants will prepare snapshots of each Limited Area of More Intensive Rural Development (LAMIRD) with background information, a map of the logical outer boundary, and relevant goals and policies. ' Natural Resource Conservation Element: Review Minimum Guidelines to Classify Resource Lands (updated in 2010) and more recent State mapping (e.g. mineral lands) and determine if updates are needed. Integrate Watershed Plan and rural water availability efforts from other plans and initiatives and consider recent legislation. Depending on the level of update this element revision may be staged to address data and policies, and set up an implementation strategy if more process is needed. ■ Housing Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. ■ Open Space, Parks and Recreation, and Historic Preservation Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. • Economic Development Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. • Environment Element: The County has reviewed policies, but an updated element has not yet been developed. The Consultant will prepare an updated Environment Element. • Transportation Element: This element is being prepared under a separate contract. The Consultant will coordinate with the other consultant team preparing Transportation to ensure it is integrated with the proposed template and share common information or element update approaches. • Utilities Element, Essential Public Facilities Element, and Capital Facilities Element: These three elements are being combined into one. The Consultant will review, augment the analysis with available information from Community Development, Public Works, and Finance Departments as well as the Transportation consultant, and peer review policy changes. Consultant will adapt the element into the updated format. Plan Formatting and Presentation In coordination with County staff, the Consultant will develop the following products to provide the Comprehensive Plan with a unified style and to improve document usability: • Plan Template — The template will be developed using Microsoft Word, Adobe InDesign, or a combination of the two. Based on County resources and ease of update, it is anticipated that Word will be the primary program, with InDesign used to create covers, dividers, or other graphics that can be inserted into the document. The template will be applied to all plan elements to establish a unified visual style and improve readability for users. The Consultant will provide example templates at the kick-off meeting. �i'I January 26, 2018 Jefferson County I Comprehensive Plan Update I 3 Map Template — The Consultant will work with County staff and create a GIS map template for countywide and folio products. Style Guide - The Consultant will also develop a style guide to ensure a consistent writing style and voice across all elements of the plan. The style guide will be applied during the plan audit and element update phases of the project. Supporting Documents As necessary and within the scope of available resources and time, the Consultant will prepare additional supporting documents, such as case studies or white papers, to inform policy decisions and evaluate options for amendments to goals and policies in the Comprehensive Plan or set the stage for future development regulation implementation. Potential topics include but are not limited to, approaches to alternative sewer technologies in the context of GMA, additional affordable housing strategies, testing of example developments with the streamlined policies, focused GIS analysis (e.g. mineral lands), or other. This task also includes preparing technical appendices, and collecting and documenting plan references. Task 2 Deliverables Template: Plan Chapters, GIS Maps, and Graphics — preliminary and revised templates Plan Elements: Preliminary, Public Draft, Revisions following Legislative Process Supporting Documents: Up to two case studies or white papers, Plan references, compilation of available data for appendices — preliminary and public draft TASK 3: SEPA Comprehensive Plan The Consultant will prepare necessary programmatic SEPA analysis and documentation for adoption of the updated Comprehensive Plan. Given the nature of proposed plan amendments, this scope anticipates preparation of an expanded SEPA Checklist or SEPA EIS Addendum. The Consultant will review the EIS and addenda or checklists prepared for the previous Comprehensive Plan Update and related SEPA documentation and recommend an appropriate SEPA process for the project at the project kick-off meeting, including scoping needs and potential environmental topics to be addressed in the analysis. Unified Development Code Revisions Docket The Consultant will prepare necessary SEPA documentation for the docket of amendments to the County's Unified Development Code (UDC), both the housekeeping measures and the critical areas ordinance update relying on the gap analysis. The UDC analysis will be folded into a unified SEPA analysis along with the Comprehensive Plan Update addendum or SEPA Checklist. Task 3 Deliverables SEPA Checklist or Addendum: Preliminary and Public Draft Threshold Determination: Draft - County to finalize and distribute :111 January 26, 2018 Jefferson County I Comprehensive Plan Update 4 EXHIBIT A TASK 4: INTEGRATED STAFF REPORT In coordination with County staff, the Consultant will prepare a staff report for the Comprehensive Plan Update and UDC revisions and associated SEPA review. The staff report will document the proposed plan amendments, summarize the SEPA process and compliance, evaluate the plan and code amendments for consistency with the County code approval criteria and would include developing draft findings and provide recommendations to County officials regarding the updated plan. Task 4 Deliverables Staff Report: Preliminary, Public Draft, Final TASK 5. PUBLIC INVOLVEMENT AND LEGISLATIVE MEETINGS Community Engagement In coordination with County staff, the Consultant will update the final stage of the County's public participation plan outlining activities to inform the public about the Comprehensive Plan Update and invite their input on the proposed amendments. Activities are anticipated to include both an in-person event and online engagement. Targeted online engagement tools will be developed to promote participation of citizens in the western county who may not be able to travel long distances to attend events in the east county. This scope assumes preparation and attendance at one public open house or other community engagement events with stakeholder groups and the design and deployment of an online survey, as well as preparation of supporting documents (fact sheets, website material, etc.). Public Hearings and Deliberation The Consultant will support County staff during the legislative process, including study sessions and public hearings before the County Planning Commission and Board of County Commissioners. The Consultant will prepare briefing materials for County staff and officials ahead of each Planning Commission or Board meeting and will provide staff to attend up to four legislative review meetings depending on need and number of Consultant staff. The County will direct the meetings desired for Consultant attendance. Potential meetings are identified below; the topics and nature of the meetings may be altered by County direction. Those with an asterisk may be advantageous for Consultant attendance in person; for other meetings to stretch budget resources, the County could have consultant attendance by teleconference or video conference. • Planning Commission: Issues Review — Review white papers or case studies on selected topics. ■ Planning Commission: Preliminary Draft Plan Walk Through* — At this study session meeting ahead of the joint hearing, conduct a walkthrough of the draft plan for initial questions and clarifications. • Joint Planning Commission/Board of County Commissioners Hearing • Planning Commission Deliberation • Board of County Commissioners Study Session to review Planning Commission recommendations* January 26, 2018 Jefferson County I Comprehensive Pion Update 5 Board of County Commissioners Hearing* Board of County Commissioners Deliberation January 26, 2018 Jefferson County I Comprehensive Plan Update EXHIBIT A 0 w � O 0V N O h. M OD m � m X O M.• a� 0 N P W 1-O• b> O. O N w O 401W N O 69 V o o 4) w C4 AM d rn a N a w N y a 'T3 ]L Q Vo E Q N E rr O V C C 2 °o c O C a r 1o� C o. _a d a N CL O d GCL b X N m E C O a V V O -0 0 'N N 7 O a� �E v E o x C V a% u � s c 3 p O a d n M LO C a d _O X C V O 3 Q - w � ;— N o y u .a oLuC o u a `a m 'a r O a a ^V' W O O L N 10, •Q H : w � O 0V N O h. M OD N �b 0 a = C - M O O M.• -!so m P W 1-O• b> w w P° E � 401W N o 00 op w C4 AM 10 0 C4 N a w LCL ]L Q rr N 2 °o c O ma^ r 1o� ovo 0 d a N - b c ` o t•O M CC) OD 10 — 0 V.N `p O- O �o 0 00 op w C4 AM 10 0 C4 N a w ]L Q 2 °o c O ma^ r 1o� ovo 0 c � .� dIm - b 7 O x N 3 o°o < u oLuC a 7 . V W 10, ii w a N A ? M N h K O N K 0 to �O 7 O• N w N $ coo v en P, C4 wt O It rs In Vf N 4oll 44F� k V c oV 7 a a o O Uo a c r' P � tr S w r d N C C O O E u x v O O W W = O Z O � E w s` •o. F V N 6 W 2 a 1 _N o LLS � v m V W N O N V Gam. OAC Qi F- �t ._ Q � C � 9 .i CD Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley, County Administrator FROM: Patty Charnas, Community Development Directollcti Joel Peterson, Associate Planne DATE: 1/31/2018 for 2/5/2018 Agenda RE: Contracting Professional Services to Assist DCD with Final Comprehensive Plan and Implementing Regulations Periodic Review Documents STATEMENT OF ISSUE: The Department of Community Development (DCD) has been leading the County's efforts in the Jefferson County Comprehensive Plan and Implementing Regulations Periodic Review, pursuant to the requirements of the state Growth Management Act (Chapter 36.70A RCW) to review and update the Comprehensive Plan every eight years. Jefferson County's deadline for periodic GMA review follows the schedule exceptions for counties at RCW 36.70A.130 (6)(e), establishing a project completion deadline of June 30, 2018. Contracted professional services will add needed capacity to DCD staff for analysis, writing, and design of the products necessary for GMA compliance. ANALYSIS: Project work and coordination by DCD to meet the minimum Comprehensive Plan project requirements, along with direct participation by many County departments, has been largely achieved with existing staff capacity. However, the Comprehensive Plan Periodic Review project schedule is again impacted by a temporary reduction in staffing levels at DCD. Specifically, the current vacancy in the Planning Manager position leaves DCD below the staffing capacity threshold to meet project requirements as we pull together final analyses and documents, meet the firm schedule deadline, and meet the other daily duties of the vacant position. Therefore, the remaining requirements to complete the County Comprehensive Plan update project were reviewed and the attached scope of work developed to meet GMA requirements and meet our deadline. A consultant selection process was completed to procure the most qualified professional services to work along with staff to complete the project on schedule. Consent Agenda FISCAL IMPACT: As incentive for local jurisdictions to meet state requirements, the GMA couples compliance with the update schedule to eligibility for future state grant funds, thereby establishing a potential fiscal impact from insufficient action implementing GMA. With these contracted services, temporary capacity would be added to DCD from one-time County General Fund monies to ensure successful completion of the project requirements. The attached professional services are for time and materials not to exceed $57,670. RECOMMENDATION: DCD recommends the Board execute the attached Professional Services Contract for assistance to complete the Jefferson County Comprehensive Plan Periodic Review. DEPARTMENT CONTACT: Joel Peterson, Associate Planner, 379-4457 REVIEWED BY: flip Morl y, C unty Adminis Date + CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants, Inc. JAN 2 9 2018 CONTRACT FOR: Jefferson County Comprehensive Plan TERM: July 31, 2018 Professional Services COUNTY DEPARTMENT: Department of Community Development For More Information Contact: Joel Peterson, Associate Planner Contact Phone #: 379-4457 RETURN TO: Joel Peterson RETURN BY: IMPORTANT: February 20a 2018 (Person in Department) (Date) AMOUNT: Not to Exceed $57,670 PROCESS: Revenue: Expenditure: Matching Funds Required: Sources(s) of Matching Funds 143.39700.00.0010 143.55860.41.0025 -0- Step 1: REVIEW BY Review by: / Date Reviewed: C APPROVED FORM Comments Exempt from Bid Process x Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other //.3 /// � r F] Returned for revision (See Comments) S p 2: REVMW BY PrEC N TTORNEY Review by: �' Date Reviewed: j APPROVED AS TO FORM HGrned for revision (See Comments) Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) r ,air .�cp �.S.�E �Q��r�•�. PROFESSIONAL SERVICES AGREEMENT FOR Comprehensive Plan Periodic Review THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation, hereinafter referred to as "the County", and BERK Consulting, Inc., hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the County to assist with completion of the Jefferson County Comprehensive Plan Periodic Review. 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the County to the Consultant to proceed. Consultant receipt of a Purchase Order shall constitute said notice. Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on Exhibit "C" 4. Payment. The Consultant shall be paid by the County for completed work and for services rendered under this agreement as follows: a. Payment for the work provided by Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to Consultant shall not exceed $57,670 without express written modification of the agreement signed by the County. b. The consultant may submit invoices to the County once per month during the progress of the work for partial payment for project completed to date, up to 80% of total project costs. Such vouchers will be checked by the County, and upon approval thereof, payment will be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the County after the completion of the work under this agreement and its acceptance by the County. d. Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary to complete the work. C. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the County and state for a period of CONSULTANT AGREEMENT Rev. 1/2018 - Pagel of6 three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the County whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this agreement. 7. Indemnification. Consultant shall indemnify, defend and hold harmless the County, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorney's fees and costs, arising from injury or death to persons, including injuries, sickness, disease or death to Consultant's own employees, or damage to property occasioned by a negligent act, omission or failure of the Consultant. 8. Insurance. The Consultant shall obtain and keep in force during the terms of the Agreement, policies of insurance as follows: If and only if the Consultant employs any person(s) in the status of employee or employees separate from or in addition to any equity owners, sole proprietor, partners, owners or shareholders of the Consultant, Worker's Compensation Insurance in an amount or amounts that are not less than the required statutory minimum(s) as established by the State of Washington or the state or province where the Consultant is located. Commercial Automobile Liability Insurance providing bodily injury and property damage liability coverage for all owned and non -owned vehicles assigned to or used in the performance of the work for a combined single limit of not less than $500,000 each occurrence with the COUNTY named as an additional insured in connection with the CONSULTANT'S performance of the contract. General Commercial Liability Insurance in an amount not less than a single limit of one million dollars ($1,000,000) per occurrence and a aggregate of not less than two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury, including death and property damage, unless a greater amount is specified in the contract specifications. The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage, with no employee exclusion; b. Personal Injury Liability, including extended bodily injury; C. Broad Form Contractual/Commercial Liability — including completed operations; CONSULTANT AGREEMENT Rev. 1/2018 Page 2 of 6 d. Premises — Operations Liability (M&C); e. Independent Contractors and subcontractors; f. Blanket Contractual Liability. The County shall be named as an additional insured party under this policy. Such insurance coverage shall be evidenced by one of the following methods: * Certificate of Insurance; * Self-insurance through an irrevocable Letter of Credit from a qualified financial institution. Certificates of coverage as required by this section shall be delivered to the County within fifteen (15) days of execution of this agreement. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Consultant shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Consultant to take out and/or maintain any required insurance shall not relieve The Consultant from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above described insurance policies shall be assumed by and be at the sole risk of the Consultant. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to the Consultant until such time as the Consultant shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. CONSULTANT AGREEMENT Rm 1/2018 Page 3 of 6 Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Consultant must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Consultant refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Consultant to obtain the full text of that endorsement and forward that full text to the County. The County may, upon the Consultant's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Consultant. 9. Independent Contractor. The Consultant and the County agree that the Consultant is an independent contractor with respect to the services provided pursuant to this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitled to any benefits accorded County employees by virtue of the services provided under this agreement. The County shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to Consultant, or any employee of Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the County shall have the right to annul this contract without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this agreement without the express written consent of the County. 13. Non -Waiver. Waiver by the County of any provision of this agreement or any time limitation provided for in this agreement shall not constitute a waiver of any other CONSULTANT AGREEMENT R�.1no 18 Page 4 of 6 provision. 14. Termination. a. The County reserves the right to terminate this agreement at any time by giving ten (10) days written notice to the Consultant. b. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the County. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the County, if the County so chooses. 15. Notices. Notices to the County of Jefferson shall be sent to the following address: Jefferson County Department of Community Development 621 Sheridan Street Port Townsend, WA 98368 Notices to Consultant shall be sent to the following address: boo 16. Integrated Agreement. This Agreement together with attachments or addenda, represents the entire and integrated agreement between the County and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both County and Consultant. CONSULTANT AGREEMENT Bev. 1/2018 Page 5 of 6 DATED this SIGNATURE PAGE SIGNATURE PAGE day of Feb -4a. , 20/1 'gC�K. Name of Consultant U- s G C N.e A er Consultant's Representati a Please print) G (Signature) l k.% Title Date JEFFERSON COUNTY BOARD OF COMMISSIONERS David°W. Kate Dean, Member Kathleen Kler, Member Approved as to fornj only: 21 C'• L/.rl/xe Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney f Patty Charnas, Director Date Department of Community Development CONSULTANT AGREEMENT eov. 1/2019 Page 6 of 6 EXHIBIT A Jefferson County Comprehensive Plan Update Scope of Services j January 26, 2018 Project Understanding Jefferson County is in the process of preparing its periodic Comprehensive Plan update under the Growth Management Act (GMA), due June 2018. The County has developed several draft plan elements and an overall Vision statement. Consulting services are desired to complete the plan update work and support County staff with related tasks necessary to deliver a streamlined, readable, and legally defensible plan and associated SEPA documentation by the June deadline. Scope of Services TASK 1: PROJECT LAUNCH AND ADMINISTRATION The Consultant will conduct a project kick-off meeting with County staff and officials to confirm project objectives, review the rapid plan audit (Task 2), refine project roles and schedule, review remaining data needs as needed, and review initial plan template concepts. This meeting will also be used to review County's remaining public participation and outreach needs and initial plans for how consultant services may assist (Task 5). The meeting will also establish protocols for ongoing communication and coordination with between the Consultant and County staff, including check-in calls and meetings, as appropriate. Given the speed of the projected effort it may be appropriate to hold this launch meeting at the day of a County Board of Commissioners meeting or Planning Commission meeting to meet officials and share the plan completion stages. Alternatively, the Consultant team can hold meetings with other staff, such as GIS analysts, or with other departments that will be reviewing work products, such as Finance and Public Works for the Utilities / Capital Facilities Element Regular team conference calls will be held during plan preparation and legislative review stages; weekly or bi-weekly calls are anticipated. Task 1 Deliverables Project roles and Communication protocols Data review mill January 26, 2018 Jefferson County I Comprehensive Plan Update EXHIBIT A Detailed project schedule and adaptation as project proceeds Kick off meeting TASK 2: COMPREHENSIVE PLAN UPDATE Plan Audit The Consultant will review the County's existing comprehensive plan and updated plan elements completed by County staff or currently in progress. Given the extensive staff work, this audit will be designed to be rapid and focused, and set the stage for the forms submitted for the 60 -day Commerce review. The audit will specifically evaluate the following: Plan Inventories: Identify inventory information that is out of date or incorrect, and information readily available or needed to address it. Identify opportunities and needs for text revisions to clarify meaning or use of maps and graphics to more efficiently convey information. Goals and Policies: Review the County's Total Fitness Review process goals and policies of each element designed to achieve compliance with GMA and consistency with the Planning Commission's proposed adopted refreshed Vision. Identify questions or gaps if needed. Identify any remaining edits to integrate other County initiatives, address local needs, or improve readability and create action -oriented policies to aid implementation. Data Collection and Review The Consultant will collect and review data necessary for the plan update process, including County plans, studies, and tabular and spatial data. The Consultant will also collect data from outside sources where necessary to include the most up-to-date information in the Comprehensive Plan. The Consultant will provide an initial data request, listing required documents and datasets, to the County at the project kick-off meeting. Element Updates Based on the findings of the plan audit, the Consultant will update and complete the draft plan elements, including development of updated inventories and graphics, and selected plan policies given the prior policy fitness reviews. For each element, the Consultant will also propose implementation strategies, including actions and timelines, if time and resources are available. The following elements are anticipated to be developed or integrated into the Draft Plan for public review and finalized for adoption: Introduction: The Consultant will update the Introduction, such as the status of the planning process and planning objectives, to match the intent of the Planning Commission's Vision refreshment, GMA changes, and Element changes. Identifying key actions for the next eight years or measurable objectives could also make this chapter serve as an executive summary. 0111 January 26, 2018 Jefferson County I Comprehensive Plan Update EXHIBIT A Land Use and Rural Element: This element incorporates the Land Use and Rural Element and Urban Growth Area Element. Staff have completed growth allocations and land capacity analyses, which will be reviewed and common assumptions applied to other elements, such as Capital Facilities. Consultants will prepare snapshots of each Limited Area of More Intensive Rural Development (LAMIRD) with background information, a map of the logical outer boundary, and relevant goals and policies. • Natural Resource Conservation Element: Review Minimum Guidelines to Classify Resource Lands (updated in 2010) and more recent State mapping (e.g. mineral lands) and determine if updates are needed. Integrate Watershed Plan and rural water availability efforts from other plans and initiatives and consider recent legislation. Depending on the level of update this element revision may be staged to address data and policies, and set up an implementation strategy if more process is needed. • Housing Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. • Open Space, Parks and Recreation, and Historic Preservation Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. Economic Development Element: Staff have prepared a complete draft of this element. The Consultant will peer review and adapt the element into the updated format. ■ Environment Element: The County has reviewed policies, but an updated element has not yet been developed. The Consultant will prepare an updated Environment Element. • Transportation Element: This element is being prepared under a separate contract. The Consultant will coordinate with the other consultant team preparing Transportation to ensure it is integrated with the proposed template and share common information or element update approaches. Utilities Element, Essential Public Facilities Element, and Capital Facilities Element: These three elements are being combined into one. The Consultant will review, augment the analysis with available information from Community Development, Public Works, and Finance Departments as well as the Transportation consultant, and peer review policy changes. Consultant will adapt the element into the updated format. Plan Formatting and Presentation In coordination with County staff, the Consultant will develop the following products to provide the Comprehensive Plan with a unified style and to improve document usability: • Plan Template — The template will be developed using Microsoft Word, Adobe InDesign, or a combination of the two. Based on County resources and ease of update, it is anticipated that Word will be the primary program, with InDesign used to create covers, dividers, or other graphics that can be inserted into the document. The template will be applied to all plan elements to establish a unified visual style and improve readability for users. The Consultant will provide example templates at the kick-off meeting. :111 January 26, 2018 Jefferson County I Comprehensive Plan Update 1 3 EXHIBIT A Map Template — The Consultant will work with County staff and create a GIS map template for countywide and folio products. Style Guide - The Consultant will also develop a style guide to ensure a consistent writing style and voice across all elements of the plan. The style guide will be applied during the plan audit and element update phases of the project. Supporting Documents As necessary and within the scope of available resources and time, the Consultant will prepare additional supporting documents, such as case studies or white papers, to inform policy decisions and evaluate options for amendments to goals and policies in the Comprehensive Plan or set the stage for future development regulation implementation. Potential topics include but are not limited to, approaches to alternative sewer technologies in the context of GMA, additional affordable housing strategies, testing of example developments with the streamlined policies, focused GIS analysis (e.g. mineral lands), or other. This task also includes preparing technical appendices, and collecting and documenting plan references. Task 2 Deliverables Template: Plan Chapters, GIS Maps, and Graphics — preliminary and revised templates Plan Elements: Preliminary, Public Draft, Revisions following Legislative Process Supporting Documents: Up to two case studies or white papers, Plan references, compilation of available data for appendices — preliminary and public draft TASK 3: SEPA Comprehensive Plan The Consultant will prepare necessary programmatic SEPA analysis and documentation for adoption of the updated Comprehensive Plan. Given the nature of proposed plan amendments, this scope anticipates preparation of an expanded SEPA Checklist or SEPA EIS Addendum. The Consultant will review the EIS and addenda or checklists prepared for the previous Comprehensive Plan Update and related SEPA documentation and recommend an appropriate SEPA process for the project at the project kick-off meeting, including scoping needs and potential environmental topics to be addressed in the analysis. Unified Development Code Revisions Docket The Consultant will prepare necessary SEPA documentation for the docket of amendments to the County's Unified Development Code (UDC), both the housekeeping measures and the critical areas ordinance update relying on the gap analysis. The UDC analysis will be folded into a unified SEPA analysis along with the Comprehensive Plan Update addendum or SEPA Checklist. Task 3 Deliverables SEPA Checklist or Addendum: Preliminary and Public Draft Threshold Determination: Draft - County to finalize and distribute :illJanuary 26, 2018 Jefferson County I Comprehensive Plan Update 9 4 EXHIBIT A TASK 4: INTEGRATED STAFF REPORT In coordination with County staff, the Consultant will prepare a staff report for the Comprehensive Plan Update and UDC revisions and associated SEPA review. The staff report will document the proposed plan amendments, summarize the SEPA process and compliance, evaluate the plan and code amendments for consistency with the County code approval criteria and would include developing draft findings and provide recommendations to County officials regarding the updated plan. Task 4 Deliverables Staff Report: Preliminary, Public Draft, Final TASK S: PUBLIC INVOLVEMENT AND LEGISLATIVE MEETINGS Community Engagement In coordination with County staff, the Consultant will update the final stage of the County's public participation plan outlining activities to inform the public about the Comprehensive Plan Update and invite their input on the proposed amendments. Activities are anticipated to include both an in-person event and online engagement. Targeted online engagement tools will be developed to promote participation of citizens in the western county who may not be able to travel long distances to attend events in the east county. This scope assumes preparation and attendance at one public open house or other community engagement events with stakeholder groups and the design and deployment of an online survey, as well as preparation of supporting documents (fact sheets, website material, etc.). Public Hearings and Deliberation The Consultant will support County staff during the legislative process, including study sessions and public hearings before the County Planning Commission and Board of County Commissioners. The Consultant will prepare briefing materials for County staff and officials ahead of each Planning Commission or Board meeting and will provide staff to attend up to four legislative review meetings depending on need and number of Consultant staff. The County will direct the meetings desired for Consultant attendance. Potential meetings are identified below; the topics and nature of the meetings may be altered by County direction. Those with an asterisk may be advantageous for Consultant attendance in person; for other meetings to stretch budget resources, the County could have consultant attendance by teleconference or video conference. • Planning Commission: Issues Review — Review white papers or case studies on selected topics. • Planning Commission: Preliminary Draft Plan Walk Through* — At this study session meeting ahead of the joint hearing, conduct a walkthrough of the draft plan for initial questions and clarifications. • Joint Planning Commission/Board of County Commissioners Hearing • Planning Commission Deliberation • Board of County Commissioners Study Session to review Planning Commission recommendations* :111 January 26, 2018 Jefferson County I Comprehensive Plan Update EXHIBIT A Board of County Commissioners Hearing* Board of County Commissioners Deliberation :11I January 26, 2018 Jefferson County I Comprehensive Plan Update 1 6 41 O -0 .� o � V o. ai O O a- N O '^ O > O c N 0 O 6� V O O m rn � � N H E o. 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U kg CL S O d o a Go 0 CL G E Z, 0 V 0 d N 00 0 N 16 N a 0 T Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley, County Administrator FROM: Patty Charnas, Community Development DirectWICA i Joel Peterson, Associate Planne DATE: 1/31/2018 for 2/5/2018 Agenda RE: Contracting Professional Services to Assist DCD with Final Comprehensive Plan and Implementing Regulations Periodic Review Documents STATEMENT OF ISSUE: The Department of Community Development (DCD) has been leading the County's efforts in the Jefferson County Comprehensive Plan and Implementing Regulations Periodic Review, pursuant to the requirements of the state Growth Management Act (Chapter 36.70A RCW) to review and update the Comprehensive Plan every eight years. Jefferson County's deadline for periodic GMA review follows the schedule exceptions for counties at RCW 36.70A.130 (6)(e), establishing a project completion deadline of June 30, 2018. Contracted professional services will add needed capacity to DCD staff for analysis, writing, and design of the products necessary for GMA compliance. ANALYSIS: Project work and coordination by DCD to meet the minimum Comprehensive Plan project requirements, along with direct participation by many County departments, has been largely achieved with existing staff capacity. However, the Comprehensive Plan Periodic Review project schedule is again impacted by a temporary reduction in staffing levels at DCD. Specifically, the current vacancy in the Planning Manager position leaves DCD below the staffing capacity threshold to meet project requirements as we pull together final analyses and documents, meet the firm schedule deadline, and meet the other daily duties of the vacant position. Therefore, the remaining requirements to complete the County Comprehensive Plan update project were reviewed and the attached scope of work developed to meet GMA requirements and meet our deadline. A consultant selection process was completed to procure the most qualified professional services to work along with staff to complete the project on schedule. Consent Agenda FISCAL IMPACT: As incentive for local jurisdictions to meet state requirements, the GMA couples compliance with the update schedule to eligibility for future state grant funds, thereby establishing a potential fiscal impact from insufficient action implementing GMA. With these contracted services, temporary capacity would be added to DCD from one-time County General Fund monies to ensure successful completion of the project requirements. The attached professional services are for time and materials not to exceed $57,670. RECOMMENDATION: DCD recommends the Board execute the attached Professional Services Contract for assistance to complete the Jefferson County Comprehensive Plan Periodic Review. DEPARTMENT CONTACT: Joel Peterson, Associate Planner, 379-4457 REVIEWED BY: i 17, lip Morl y, C unty Adminis Date CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants, Inc. JAN 2 9 2018 CONTRACT FOR: Jefferson County Comprehensive Plan TERM: July 31, 2018 Professional Services COUNTY DEPARTMENT: For More Information Contact: Contact Phone #: RETS TO: Joel Peterson in of Joel Peterson, Associate Planner 379-4457 —'1 RETURN BY: IMPORTANT: February 2°a, 2018 AMOUNT: Not to Exceed $57,670 PROCESS: Revenue: 143.3 9700.00.0010 Expenditure: 143.55860.41.0025 Matching Funds Required: -0- Sources(s) of Matching Funds Step 1: REVIEW BY Review by: / Date Reviewed: C 2f APPROVED FORM Comments Exempt from Bid Process x Consultant Selection Process Cooperative Purchase Competitive Sealed Bid Small Works Roster Vendor List Bid RFP or RFQ Other Returned for revision (See Comments) S p 2: REVIEW BY P TEC N ATTORNEY Review by: C Date Reviewed: 1 APPROVED AS TO FORM turned for revision (See Comments) Comments Ntep 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 6 copies of Contract, Review Form, and Agenda Bill to BOCC Office. Place "Sign Here" markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:40 p.m. TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)