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HomeMy WebLinkAboutBERK Consulting, Inc., Supplemental No. 8 - 012720 ( 6(C11A-)c0 .?0 ,4-°` 9)c Organization and Address 4rild 1.?/.46* Supplemental Agreement Number 8 BERK Consultants,Inc. 2200 Sixth Avenue, SU#k 00 / Seattle, WA 98121 1 24,0 Agreement Number ® +�011 :. Project Number Phone '114117k^ (206)324-8760 ? Project Title Zontract Current Contract Estimated Contract Professional Services Agreement for Not to Exceed: Balance: Supplement: Comprehensive Plan Periodic Review $108,640.00 $9,638.23 $4,000.00 Description Supplement No. 8 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with: (1) "Exhibit S Supplement" adding a new subtask under Task 4; (2) "Exhibit P Supplement to the Budget" adding an additional $4,000 to overall contract cost in support of the Supplement; and(3) "Exhibit Q Supplement to the Schedule"describing an extension to the Time for Performance from February 28, 2020 to March 20,2020 adding 21 days. The Local Agency of Jefferson County 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 February 5, 2018, as amended by Supplemental Agreement#1 executed on July 23, 2018; and Supplemental Agreement#2 executed on September 26,2018; and Supplemental Agreement#3 executed on October 29, 2018; and Supplemental Agreement#4 executed on December 17, 2018, Supplement#6 executed on May 28, 2019 and Supplement#7 executed on October 28, 2019 remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 2. Scope of Services, is hereby changed to read as follows: Consultant agrees to perform the necessary services ands produce draft and final products as described in "Exhibit S-Supplement to the Scope of Services"attached hereto, including the provision of all labor. 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 shall perform all services and provide all work product required pursuant to this agreement to a date not to exceed March 20, 2020." Section 4.Payment, paragraph 4.a. is hereby changed to read as follows: a.Payment for the work provided by Consultant shall be made as provided herein and attached hereto, provided that the total amount of payment to Consultant shall not exceed $108,640.00 without the express written modification of the agreement executed by both parties. Page 1 of 2 II Signatures indicate agreement to the changes as stated in this Supplement#6 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this 27th day of January, 2020. BERK Consultants, Inc. COUNTY OF JEFFERSON Consultant BOA' P 4F lSMMISSIONERS 1011 >AMP Con tant's Signature E eg Brotl /air xix C E (?-0 . - - Date David Su van,Mem.er Kat Dean, Member Approved as to form only this 27th day of January 2019. Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Patty Charnas,Director Department of Community Development Page 2 of 2 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley, County Administrator FROM: Patty Charnas,Director,Dept. Community Development DATE: January 27, 2020 RE: Supplement# 8 to the Professional Services Contract for BERK Consulting -Additional Scope,Budget and Time Extension. STATEMENT OF ISSUE: The purpose of this amendment is to allow BERK to continue their work assisting DCD managers to provide support to the county's completion of its updates to the draft Jefferson County Critical Areas Ordinance (CAO) and to provide additional services to the county to provide peer review and coordination of spatial analysis regarding land availability and capacity for indoor commercial shooting facilities. This supplement provides additional consultant contract time (21 days)to provide continued support and assistance on the CAO and provides additional consultant contract time and labor (22 hours, to occur within the contract time)to provide peer review and coordination of spatial analysis. ANALYSIS: 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(GMA). DCD works cooperatively with the Prosecuting Attorney's Office (PAO) and with Environmental Public Health (EPH) on codes relating to facilities operations and land use 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 October 31, 2019. The services provided by BERK have been highly satisfactory. BERK possesses substantial experience in GMA related compliance issues, including land capacity analyses,buildable lands reporting, and land allocations assessments addressing provisions and goals of GMA. Consent Agenda BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 1 through 5 of the existing professional services agreement including substantial progress on Task 3 SEPA documentation relating to critical areas ordinance update and adoption. B ERK is also uniquely qualified to provide much needed support and assistance to the County in its ongoing code development work related to commercial shooting facilities and to land use regulations related to commercial shooting facilities. The purpose of this amendment is to allow BERK to continue their work assisting DCD management to provide support to the county's completion of its updates to the CAO and to assist the county in peer review and coordination of spatial analysis regarding commercial shooting facilities. The CAO update is in draft form and is currently the subject of Planning Commission public review and comment. BERK continues to provide subject matter expertise in Planning Commission briefings and planned deliberations. The current CAO schedule extends to March 16, 2020, incorporating Board of Commissioners work on the CAO. This is the reason for the time extension from February 28, 2020 to March 20, 2020 This supplement extends the Professional Services Contract for BERK Consulting by 2ldays until March 20, 2020 and provides additional consultant contract time and labor (22 hours). FISCAL IMPACT: This Supplement#8 adds $4,000. It is unknown at the time of this writing whether the department intends to seek or will seek a supplemental budget request to support this Supplement#8. RECOMMENDATION: Execute the contract amendment. DEPARTMENT CONTACT: Patty Charnas, Director, Department of Community Development REVIEWED BY: Philip Mor-stint - • 3 + Date B. CONTRACT REVIEW FORM CONTRACT WITH: BERK Consulting, Inc. CONTRACT FOR: Jefferson County Comprehensive Plan TERM: March 31, 2020 Professional Services COUNTY DEPARTMENT: Department of Community Development For More Information Contact: Patty Charnas,DCI)D rectoz 2 20 Contact Phone #: 379-4493 RETURN TO: P Charnas RETURN BY: `r s4 1 arson in Department) `'°{ ate {I'_ AMOUNT: Not to Exceed $108,640.00 PROCESS: 0 Exempt from Bid Process 0 Consultant Selection Process Revenue: — Cooperative Purchase Expenditure: 143.55860.41.0025 — Competitive Sealed Bid Matching Funds Required: -0- _ Small Works Roster Sources(s) of Matching Funds _ Vendor List Bid _ RFP or RFQ Other REVIEW BY RISK ; i. " M * . Step 1: 7 z Review by: 2-j1/2-E22.- Al Date eviewed: IRTAPPROVED FORK Returned for revision(See Comments) Comments • . -/�rf 5 .6 '.� c`F `ro re-$ J o -' p er— eX:5 Step 2: REVIEW BY PR SECUT_I ATTO EY /..1,,a_______ Review by: 3 k n all,M-r . c, Date Reviewed: 8c)-7 I � / Z7 z--o pl-) APPROVED A S TO FORM Returnedevision(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.) 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. 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 Rev 1/2OIe Page 1 of 6 • 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($2,000,000.00 minimum)for bodily injury,including death and property damage,unless a greater amount is specified in the contract specifications.The insurance coverage shall contain no limitations on the scope of the protection provided and include the following minimum coverage: a. Broad Form Property Damage,with no employee exclusion; b. Personal Injury Liability,including extended bodily injury; c. Broad Form Contractual/Commercial Liability—including completed operations; CONSULTANT AGREEMENT aer.1201$ 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 ROV.112.01e Page s 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 solicitor 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 Rev 1/201t 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 (2o6) 32 9 - 8760 Notices to Consultant shall be sent to the following address: E �w.st.Q.�i ,tht. 2200 vt,.4,4.t , 1.0LS fS+ Me. • kAt $bb /ao� .�4a�'lcCrQt21 Se•-orkti ViQ 981 z1 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 Bay.=IS Page5of6 SIGNATURE PAGE • DATED this 411day of R t 7 ,20 /te . SIGNATURE PAGE JEFFERSON COUNTY BOARD OFC• .MISSIONERS 13 10 CisNASvtkA-i S.tic,. d z. _..", �" Name of Consultant David 7,'tar 1 Chair Consultant's Representati PI se pri ) Kate Dean,Mem. CV4.64--- atifig4,v;*6.t_ (Signature) Kathleen Kler,Member Title uv/oL/ lb Date Ap roved as to orm only: __/ , , . Philip C. Hunsucker D e L7 Chief,ivil Deputy Prosecuting Attorney �f� Patty harnas,Director bate Department of Community Development CONSULTANT AGREEMENT R.,,, tram Page 6 of 6 Jefferson CountyComprehensive 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 tan 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 si11 January 26, 2018 Jefferson County I Comprehensive Pion Update I 1 • =MA e 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: o Identify inventory information that is out of date or incorrect,and information readily available or needed to address it. O Identify opportunities and needs for text revisions to clarify meaning or use of maps and graphics to more efficiently convey information. • Goals and Policies: O 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. O 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 wilt 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. :iii January 26,2018 Jefferson County I Comprehensive Plan Update I 2 • la H IT 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 badcground 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. :ill January 26, 2018 Jefferson County I Comprehensive Plan Update I 3 • • MELS • • 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 :iii January 26,2018 Jefferson County I Comprehensive Plan Update I 4 NEX IdTA 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* m11111 January 26, 2018 Jefferson County I Comprehensive Pian Update I 5 . • EXHIBIT A • Board of County Commissioners Hearing* • Board of County Commissioners Deliberation :11 January 26, 2018 Jefferson County I Comprehensive Plan Update I 6 e .a ,p e ii a 2 I o N g g N V o1 a a v N d ii i Sc c O d O „ a " x oe9 a as S 4f II a I E 1 7 � R a 4 N N p • SP- 3 T O P O • n • fN 3 • - 01 3 N AA 6 D = Gam' N E �° '° - '. RS • • • • r I = x " M t t - 46 1. E.. ,i p p 2323 a f 40, a c , 1 O rho c 8 • h a 1g • • 2 " ^ 22 d . e • X ggt MMw X 4t ` .. .. N al► '0 3 c a CD W 3E • i coCD V It •I I % - it iii c.) ac:)& d. . c 2 2 � iz .. , E D v a v• ^ .g Id CL g s- I., f- x g 03 I' I 3 i 1 115 I £ 1151 . 1 t . ! 1 1 i I I 1 fib ft 1 1 i 1 ii . . 1 I _ I , , 11I -.. i a I 4( I • Lii, II i rilli i II i I II 11 il • it I 1 i 1. 1 ii 4 _1.. i • is I ii il 1 W IJ • ago g 1 W o W H co .0 V co N V N O N co o O •W = L Yc _ Y s LT' Z :2O MQ � Cr - - ,. a. ci ^ ' -_ 17. • Organization and Address Supplemental Agreement Number 1 BERK Consultants,Inc. 2200 Sixth Avenue,Suite#1000 Agreement Number Seattle,WA 98121 Project Number Phone (206)324-8760 Project Title briginal 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 18c2;"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 February 5,2018 and identified as Agreement No. Professional Services Card act jor Comprehensive Plan Periodic Review All provisions in the basic Professional Services Contract,dated 215/2018,remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I Section 2.Scone of Services,is hereby changed to read as follows: Consultant agrees toperform the services.identified on Exhibit"A"and"Exhibit D—Additional Level of Effort is 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 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." III Section 4. J evment,is hereby changed to read at Section 4.a.as follows: Page 1 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 payment to Consultant shall not exceed S65.670 without the express written modification of thy 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 �'� day of T ,20 18' . BERK Consultants,Inc. COUNTY OF JEFFERSON Consultant BOARD OF CO ISSIONERS ,01#5 ,421°Z Con Signature David Sullivan,C r W2512,414<egt Date KadikeityCle ember Kate ,Member Approved as to form only this day of ,201 v th./16 Philip unsucker,Deputy, Prog Attorney /OA / J Patty Charms,Director Date 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 a. 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. 1 • 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 ver.7/03/18 Dates Activity Weeks of July 9 and 16, Board Deliberations. Edits to Comprehensive Plan. 2018 Weeks of July 23,30, Edits to Comprehensive Plan,work on document wayfnding and August 6,2018 integrating inFonnation,dowent**Matting and sidebar information updates,new sidebar development. Weeks of August 13,20, Edltotal review and final document preparation. 2018 Review final document with Board. Weeks of August 27 or Prepare all materials for live action. September 4,2018 I e §8 C a 00 N iC Q vv O ii N N 8 8 8 8 8 8 8 $ I O C N .-i Oi o ci C o O OtA1 o I Ld 8 2 Q iA I1 a� 8 S 888 8 08 A i0 (22 4" 8$y c 8' $ 8O 8 8 Q8 ei �+ N N W vy 000 C N dhll 3 p p p 8 p 8 8 8 8 8 8 8 mof ci O C r1 � a 8 0 a c 8 N d 4/► UR 8 p 8 p 8p 8 8 t L` QO o o 5i 'S 3 = a` sz 11 8 8 8 8 0 cS .4 o+ o ri ini I c C _ C o w 88 so 4.. C LU d % E 1. al C$ r e � ID A c aS Lv c E c In 2 2 v E. y�r v 3 1 1 I co ' L y 0. Q qU�p �Np C IL `m �W V W C °J 6 �O i Y AL JL Y Y Li N N SI I- - - .,+ Organization and Address Supplemental Agreement Number 2 BERK Consultants,Inc. 2200 Sixth Avenue,Suite#1000 Agreement Number Seattle,WA 98121 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 County 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: I Section 2.Scone of Services,is hereby changed to read as follows: Consultant agrees 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 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 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 .gY - day of L ,20 / ' BERK Consultants.Inc. COUNTY OF JEFFERSON Consultant BOARD 071ISSI 7 21-- ‘ on nt's Signature David Sullivan,Chair /0////4� <0144.1........„: le,22,,, Date Kathleen Kier,Member Kate Member Approval*to knnpnly thi day ofJr, M f7('t ,20r . . g- C. /Lk/ .i. Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney Patty mas, ueotor 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 Activity October 31,2018 Contract Completion Date for BERK of October 31,2018. Ort . yC4/ ('o • r if -Organization and Address Suplailmental Agreement Number 3 BERK Consultants,Inc. 2200 Sixth Avenue,Suite#1000 Agreement Number Seattle,WA 98121 Project Number Phone (206)3244760 Project Title 1Contract Current Contract Estimated Contract Professional Services Agreement for Not to Exceed: Balance: Supplement: Comprehensive Phu Periodic Review 868,670.00 $2,164.28 83,000 PcsaiRthu Supplement No.3 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with:(I)"Exhibit J—Supplement 3 to the Scope of Services"extending work time periods in Tasks 1 &2, providing additional labor support for edits resulting from deliberations,and extending the overall contract completion to December 31,2018;(2)"Exhibit K--Supplement 3 to the Schedule"describing an extension to the Time for Performance from October 31,2018 to December 31,2018,adding 61 days;and(3)"Exhibit I— Budget Supplement 1113"adding an additional$3,000 to overall contract cost in support of the Supplement. The Local Agency of Jefferson County desires to supplement the agreement entered into with BE BEBE Consultants.Inc. and executed on Februay 5.2018 and identified as Agreement No. Prgfessional. ervicas 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 aro described as follows: I Section 2.Scone of Services,is hereby changed to read as follows: Consultant agrees to perform the services.idegified on Exhibit"A"."Exhibit G".and"Exhibit J— SunpIsmeat 3 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 Comdr to the Consultant to wceed.Consultant receipt of a Purchase Order shall constitute saidhotic e. "Consultant shall perform all services and provide all work product required pursuant to this agreement on the dates listed on"Exhibit K—Supplement 3 to the Schedule"attached hereto." V "Exhibit I"."Exhibit J".and"Exhibit K"are added to the Contract, Page 1 of 2 Signatures indicate agreement to the changes as stated in this Supplement#3 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this Q2 9' day of 0Oloe,,-- ,20 g. BERK C,onstdtanti Inc. COUNTY OF JEFFERSON Consultant BOARD OF COM IONERS C�T,r�'�T'''a Signature David S t yak Chair K/aditet3A- -eik • Date Kath Member Kate , ember Approved as to form only this day of ,201 . loJ24JJ9 Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney .�Arom '"'r C ' Director Department of Community Development Page 2 of 2 "Exhibit 1–Supplement 3 to the Scope of Service? Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants,inc.and Jefferson County,Washington Dated:October 31,2018 The Professional Services Agreement with BERK Consultants, Inc.for Comprehensive Plan Periodic Review Professional Services is supplemented providing more time and level of effort than originally scoped for and supplemented for in Task 1:Project Administration and Task 2:Comprehensive Plan Update—Plan Formatting and Presentation. Due to the number of suggested edits during Board of County Commissioners'(BoCC)deliberation meetings,the following Scope of Work is added in Supplement 3: 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 a. 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 indude 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 83"Exhibit J"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,as necessary. • Monthly Project Reports and Project Invoices,as necessary. Exhibit K—Supplement#3 to Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants,Inc.and Jefferson County,Washington Summary of Schedule for Final Legislative Process Jefferson County Comprehensive Plan (Subject to Change) Comprehensive Plan Periodic Review 2018-2038 ver.10/26/2018 Oates Activity October 29—November Board Deliberations and Staff Edits to Committal**Plan. 21,2018 November 21 2018— Edits to Comprehensive Plan,work on document wayfinding and November 28,2018 integrating Fnfohndocumentry document formatting and sidebar lnfonMtlon updates,new sidebar development. Editorial review and final document preparation. December 3,2018 Review final document with Board. Prepare all materials for legislative action. Contract completion date. December 31,2018 8 v it2 11 , 8 8 8 N N 11 N N 8 8 888 8 8 , Q I O O O O C O Else 8 o - 888 8 88 \u, 00 o an co SO li Vr 2 S\ N 8 8 888 8 8g Ova vice a .ng gti1 `� 8 �' p 8 p p p N 8 ` 8 8 8 8 8 E F1S. 3 4 L� 8 �8 8 8 8 N v1O O C J = a ii ii m c r Ii c a� E E m O i- LT `1 =It i I fix) a o c tn a V. N g " P N u a iii 01t IL c E w B 1 CO s- E a �za = r S O Y Y Y YY ap 1.44 ii N N M Regular Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley,County Administrator FROM: Austin Watkins,Planning Manager& Patty Charms,Community Development Directo -- DATE: 10/29/2018 Agenda RE: Supplement#3 to the Professional Services Contract for BERK Consulting.Additional Scope and Time Extension. 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 Managetieit 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 October 31,2018.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.In September,2018 the Contract was extended until October 31,2018 as a no-cost time extension,as edits took longer than expected. In October 2018,the Board of County Commissioner("BoCC)began deliberating on staff's revisions to the draft Comprehensive Plan.Deliberations are expected to continue until final adoption of the Comprehensive Plan in late 2018.During this period,the BoCC directed DCD staff to make additional edits to the draft Comprehensive Plan.This supplement provides additional consultant contract time and labor(17 hours)to execute the requested edits. This supplement extends the Professional Services Contract for BERK Consulting by 61 days until December 31,2018 and provides 17 additional consulting labor hours at an additional cost of$3,000 to Jefferson County. CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants,Inc, CONTRACT FOR: Jefferson County Comprehensive Plan TERM: December 31,2018 Professional Services COUNTY DEPARTMENT: Department of Community Development For More InSyntation Contact: Austin Watkins,Planning Manager Contact Phone H: 3794488 RETURN TO: Austin Watkins RETURN BY: IMPORTANT:October 26,2018 (Person in Department) (Date) AMOUNT: Not to Exceed$68,670.00 PROCESS: Exempt from Bid Process x Consultant Selection Process Revenue: 143.39700.00.0010 Cooperative Purchase Expenditure: 143.55860.41.0025 Competitive Scaled Bid Matching Funds Required: -0- — Small Works Roster Sources(s)of Matching Funds _ Vendor List Bid RFP or RFQ Other Step 1: REVIEW BY r c f�.,c Review by: I0 Date Reviewed: C APPROVED FORM 0 Returned for revision(gee Comte) Comments Step 2: REVIEW BY PR7ATTORNEY Review by: 0'' C Date Reviewed: i./24 /, APPROVED AS TO FORM ❑( Returned 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 is BOCC Office by 4:40 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contact review process.) . A.soN (.o JEFFERSON COUNTY k 42, DEPARTMENT OF COMMUNITY DEVELOPMENT 621 Sheridan Street I Port Townsend,WA 98368 I..s X02 360-379-4450 I email:dcd@co.jefferson.wa.us HANG http://www.co.jefferson.wa.us/260/Commun -Develo ment nY P MEMO To: Contract Reviewers From: Austin Watkins, Planning Manager Date: October 26, 2018 Subject: Contract Documents and Review Notes for Supplement#3, Professional Services Contract, BERK Consultants, Inc. Contract Supplement#3 amends the Agreement to: • Extend the contract term until December 31, 2018 • Provide 17 additional labor hours for editorial and wayfinding changes in support of a final document. Please return to DCD as soon as possible. The contract expires on October 31,2018. If possible, this Supplement should be on the October 29, 2018 BoCC agenda. Independent Cost Estimate for Contract Supplement 3-October 31st through December 31st Consult Consultant Labor Resources xpenses $ 200.00 $ 130.00 $ 150.00 $ 90.00 Document Total Labor Principle Editing,Format GIS Data& Top Tasks Description Hours Technical Lead &Graphics Mapping Capital Facilities Task 1 Project Administration 2 2 0 0 0 Task 2 Comprehensive Plan Update 15 5 5 5 0 Task 3 SEPA 0 0 0 0 0 Task 4 Integrated Staff Report 0 0 0 0 0 Task 5 Public Involvement&Legislative Meetings 0 0 0 0 0 Task 99 Expenses Misc.Exp.(document drafts) $ 20 Subtotal 17 7 5 5 0 Total $ 1,400.00 $ 650.00 $ 750.00 $ - $ 20 M:)101. 9TAric 6c-b a. 11. Organization and Address Supplemental Agreement Number 4 BERK Consultants,Inc. 2200 Sixth Avenue, Suite#1000 Agreement Number Seattle,WA 98121 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 $68,670.00 $2,164.28 $2,000 Description Supplement No.4 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with: (1)"Exhibit L Supplement to the Scope of Services"adding new subtask under Task 4; (2)"Exhibit M Supplement to the Budget"adding an additional$2,000 to overall contract cost in support of the Supplement; and(3)"Exhibit N Supplement to the Schedule"describing an extension to the Time for Performance from December 31,2018 to March 31,2019,adding 90 days. The Local Agency of Jefferson County 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: I Section 2. Scope of Services,is hereby changed to read as follows: Consultant agrees to perform the necessary services and produce draft and final products on a high-level scoping document on what,from a management and policy perspective are the regulatory reform and policy resolution opportunities in the substance and administration of the draft Jefferson County Critical Areas Ordinance(CAO)update and what additional policy solutions may be available for the agricultural provisions of the CAO. 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 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 to a date not to exceed March 31,2019." Page 1 of 2 V Signatures indicate agreement to the changes as stated in this Supplement#4 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this II day of De c cv fry r ,20 I . BERK Consultants,Inc. COUNTY OF JEFFERSON Consultant BOARD OF C ISSIONERS ke-& Consultant's Signature David Sullivan,Chair , ieel)Witee/n-4iNeeA. Kathleen Kler,� Member K e Dean,Member Approvedis to form only this day of ,201 O /U ,ZAy r Philip C. Hunsucker, Chief'Civ Deputy Prosecuting Attorney 'atty as,Director Department of Community Development Page 2 of 2 "Exhibit L—Supplement 4 to the Scope of Services" Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc.and Jefferson County,Washington Dated: March 31,2019 The Professional Services Agreement with BERK Consultants, Inc.for Comprehensive Plan Periodic Review Professional Services is supplemented providing additional time and additional level of effort to scope out what,from a management and policy perspective are the regulatory reform and policy resolution opportunities in the substance and administration of the draft Jefferson County Critical Areas Ordinance(CAO) update and what additional policy solutions may be available for the agricultural provisions of the CAO. BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 1 through 5 of the existing agreement except for the Task 3 SEPA documentation relating to critical areas ordinance update and adoption.This was deferred after Board of County Commissioner direction to postpone critical areas adoption while the updates to the Comprehensive Plan and nominal,other code updates proceeded. 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 4: Integrated Staff Report In coordination with County staff,the Consultant will prepare a high-level scoping document in the form of a memorandum that scopes out what,from a management and policy perspective,are the regulatory reform and policy resolution opportunities in the substance and administration of the draft Jefferson County Critical Areas Ordinance (CAO) update and what additional policy solutions may be available for the agricultural provisions of the CAO. Supplement#4"Exhibit L"Deliverables: ■ Draft and Final high-level scoping document in the form of a memorandum. � .� 58 H i4 aV • r in '- O0 O.. 0 0 0 OO O OGC C G __ " i „7aiN 0 0 p 0 OO O O O C� - SO C C 0 6t,O C in ,,ri OOOO t. ; <O O O Oomh1,0 ? ,a1CO O O; ' , �_ris ',..17.;'-..:4:::41.3m--,,,,,,.7;,. IA 0O 0OOO CoO 0 a •-4Cornp444 a;6' .; 4't , IAc$'_� : .-io0of o 0 u 'i ,j,„„,„ o 'c.: I a JD al co J J Do C �` y,a Nr!W N d � ��Aa ai ! o� > E E E �. 0 0 0co st L-) u a * my ++ �xrbgm > 44. :, +( CI a C CU 10 'Wo a O o2S O.Z. . o m w (, to : a CT C E '✓'^ T s .0 N N > a W -0 2 � o 7 —��� ' Q r d c c v m 0 ba ii t fl. c Q 0 v a) 1 H €as �- a` u v) a� x � a � w �+ W x - M CD 1- .0 0 - Y Y Y Y Y Y VI VI N N VI h Exhibit N—Supplement#4 to Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc.and Jefferson County,Washington Summary of Schedule for Task 4 new subtask Integrated Staff Report Comprehensive Plan Periodic Review 2018-2038 ver. 12/17/2018 Dates Activity January 1—January 31, Consult discusses D,County manage the outline oftl e 2019 scoping memorandum �.„ it r` "�• h� February 1—February 28, Consultant produces dr�'delivera�. 2019 i C© County ii argement review and provide Ebt c consultant on March 1- 15,2019 draft product. Consultant preys final: r Final scoping memo provided•Cha : n . March 31,2019 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley,County Administrator FROM: Patty Charnas,Director,Dept. Community Development DATE: 12/17/2018 RE: Supplement#4 to the Professional Services Contract for BERK Consulting,Additional Scope and Time Extension. STATEMENT OF ISSUE: The purpose of this amendment is to allow BERK to continue their work assisting DCD managers to scope out what, from a management and policy perspective are the regulatory reform and policy resolution opportunities in the substance and administration of the draft Jefferson County Critical Areas Ordinance(CAO)update and what additional policy solutions may be available for the agricultural provisions of the CAO. This supplement provides additional consultant contract time and labor(10 hours)to provide a high level scoping document on the CAO. ANALYSIS: 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 December 31, 2018. The services provided by BERK have been highly satisfactory and this work has assisted the County in accomplishing a valid, solid and updated Comprehensive Plan and implementing regulations that accommodates substantial Board feedback and policy direction received during Board deliberations. BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 1 through 5 of the existing professional services agreement except for the Task 3 SEPA documentation relating to critical areas ordinance update and adoption. This was deferred after Board of County Commissioner direction to postpone critical Consent Agenda areas adoption while the updates to the Comprehensive Plan and nominal,other code updates proceeded. The purpose of this amendment is to allow BERK to continue their work assisting DCD management to scope out what, from a management and policy perspective, are the policy resolution opportunities and regulatory streamlining opportunities with respect to finalizing updates to the Jefferson County Critical Areas Ordinance(CAO). The CAO update is in draft form currently and has largely accomplished its technical work with respect to the consideration and inclusion of best available science. Work is also in draft form regarding proposed rules on agricultural activities and critical areas protection. The Board has requested, and this amendment is responsive to,the stated need on opportunities to reform regulations, including the CAO, so that greater predictability and ease of understanding results for county planners and for the general public and permitting customers. This supplement provides additional consultant contract time and labor(10 hours)to provide a scoping document on the CAO, including opportunities to address methods to protect critical areas and support local agriculture. This supplement extends the Professional Services Contract for BERK Consulting by 90 days until March 31, 2019 and provides 10 additional consulting labor hours at an additional cost of $2,000 to Jefferson County. FISCAL IMPACT: Appropriations approved by the BOCC through Supplement#3 total $75,000. Actual expenditures to complete work authorized through Supplement#3 are expected to be approximately$70,000. The additional $2,000 for Supplement#4 can be covered with the $5,000 of unexpended 2018 budget, which we will ask to be re-appropriated in the Pt Quarter 2019 supplemental budget submission. RECOMMENDATION: Execute the contract amendment. DEPARTMENT CONTACT: Patty Charnas, Director, Department of Community Development REVIEWED BY: ce /2/77t ' �� �� 'hihp Mor -y, C. ty Administrate Date CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants,Inc. CONTRACT FOR: Jefferson County Comprehensive Plan TERM: March 31,2019 Professional Services 1,4 .COUNTY��`7,47410:''':11 PA `M �P _ � �s sa zap t Q41112II w++ Qe eo,.4t � ii-o�I r ��Cdr � 7 i i hn �}(kaibd�,. x,,w ill ,�1. yl�''':* �y) q ��(ai:" '71070777'' i) riirasii r ma n Contact , az Va' 4 R Wa p1 1 �,!61 ' ger (4,y,4���d iii (IiiM i k i 01046, �A. d r� t b"'' , '''''1101%f -'--;1-41,01 '' Com "1r«ab p � 3r M'i iii llb, 0f{,. "moi P. Chi ` BY ° ' tcY, tl4��l. 9s ti _ t"� � N ''''''O�� p „,!:(,';'','.;Thur—' iii �� ,�'= �' C'^” ui ���"pm :',Ver'',:-",,,,' r_ iii iil�� < +.,.tl 3s �' ' Asda , �u� ����iu ���OP�Pi� i�B�IiiPi� f. ��1:', " ahi rt -, 4,,!,,,,,".. � ��� 'I 'gy,pp' (C, PI ._ „.M. in . ,a,r,n.,., . �',Y�r 4 6 - u�HNP9 w. 1 „ — AMOUNT: Not to Exceed $70,670.00 PROCESS: _ Exempt from Bid Process x 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 . . •, , E Review by: ,��� Date Reviewe g APPROVED FORM ■' Returned for revision(See Comments) Comments Step 2: REVIEW BY PRO C TTORNET i r,..._,._____ Review by: c Date Reviewed: /ZJjy VAPPROVED AS TO FORM Returned 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.) Organization and Address Supplemental Agreement Number 5 BERK Consultants,Inc. 2200 Sixth Avenue,Suite#1000 Agreement Number Seattle,WA 98121 Project Number Phone (206)324-8760 Project Title Contract Professional Services Agreement for Not to Exceed: Comprehensive Plan Periodic Review $70,670.00 Description Supplement No.4 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with: (3)"Exhibit N Supplement to the Schedule"describing a no-cost extension to the Time for Performance from March 31, 2019 to May 31,2019 adding 60 days. The Local Agency of Jefferson County 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 February 5,2018, as amended by Supplemental Agreement#1 executed on July 23,2018; and Supplemental Agreement#2 executed on September 26,2018;and Supplemental Agreement#3 executed on October 29,2018; and Supplemental Agreement#4 executed on December 17,2018,remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I 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 to a date not to exceed May 31,2019." Page 1 of 2 9 , V Signatures indicate agreement to the changes as stated in this Supplement#5 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this 25th day of March, 2019. BERK Consultants, Inc. COUNTY OF JEFFERSON Consultant BOARD OF COMMISSIONERS Consultant's Signature Kate Dean air 03/22/2019 1/ '_ Date David i ber Greg Brotherton,Member Approved as to form only this 25th day of March,2019. O C, s` Philip C. Hunsucker, Chief ivil Deputy Prosecuting Attorney C-. Patty Charnas,Director Department of Community Development Page 2 of 2 CONTRACT REVIEW FORM CONTRACT WITH: BERK Consulting,Inc. (Contractor) CONTRACT FOR: Amendment No.5 Jefferson County Comprehensive Plan TERM: Ends 5/31/19 -,,c;•.,,,;,wp,„r,0,41te.:*„...,_›.t,i;I:, r..---; .:.„,,,,,At.,-,,,,,,,v,,,,,,,wi;--" /:..i,,,y4,,,,i,-,::::::romtls,:100- -.4. ,,,,.• .,,v,..,,itzt.,. :,,,:..,,,,„„; _,, 1,k :. s .aw. . ,, ,.. n��.„. s', is t c ,,. '4,11."yk�" „,...;,,,it, a ,i t P . �S 14011 ';.G ) v't 't,'” �'' tri" ��,y .Y "� � r+a x f y i ' ;::14-1., , ' - "4 § rt,,,, , ,#�s i s ,,;.,,' ; Y •tk"1`""z� r}4:::1,,,.,,,,,.:,1,-:','v,' � x ,��- x` w'a ,r^ a�'s ctE - ry .- 5 { Y. (4 ,. , , '� .ice : !`{ f r i'l 43 a , r yd ; 7 - 8 F r +' a offG, = s ,r �= � t 4 � S2F t � � v� +� ,''' '':::,4'4','";':',%.'4:44:, „?-4'� �� . t �" 4 �`7's �� ';`t:',,;-„,,,,,,,•,.., �F ++ om ' ' v: ' ., � da ' '. ° p .?ra .19e e:;osa,.�s s,.'r, ...,.wi '-',-,„,h„,,'.,.. *. ",.1:>.... _., ' - * ..:�.,x.a,� L. ...,3?...4. — AMOUNT: Extension of Time only to May 31,2019 PROCESS: X Exempt from Bid Process Consultant Selection Process Revenue: Cooperative Purchase _ Expenditure: Competitive Sealed Bid Matching Funds Required: _ Small Works Roster Source(s)of Matching Funds: Vendor List Bid RFP or RFQ X Other: Contract Ext. Step 1: REVIEW BY RIS jog/ A ' T / / Review by: 6,,--i/ <�!�`` c,� Date Reviewed: ® APPROVED FORM El Returned for revision(See comments) Comments: Step 2: REVIEW BY PROSECUTING ATTORNEY Review by: 0,- e. f lett.......... Date Reviewed: ifil �j' APPROVED AS TO FORM-2/ ` Returned for revision(See comments) Comments: Step 3: DEPARTMENT MAKES REVISIONS Have contractor sign appropriate number of originals. Step 4: SUBMIT TO PROSECUTING ATTORNEY FOR FINAL SIGN OFF Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 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 5 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) Consent Agenda Commissioners Office JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of County Commissioners Philip Morley,County Administrator FROM: Leslie Locke,Executive Assistant DATE: March 25,2019 SUBJECT: AGREEMENT,Amendment No. 5 re: Jefferson County Comprehensive Plan; No Dollar Change, Extension of Time Only; Jefferson County Community Development; BERK Consulting,Inc. STATEMENT OF ISSUE: The agreement for Jefferson County Comprehensive Plan services with BERK Consulting, Inc. will expire on March 31, 2019. It is determined that an additional 60 days is needed to complete this service. ANALYSIS: On February 5,2018,the County Commissioners approved an agreement with BERK Consulting, Inc.to conduct the Jefferson County Comprehensive Plan Periodic review. The original agreement was amended as follows: Supplemental Agreement#1 executed on July 23, 2018 Supplemental Agreement#2 executed on September 26,2018 Supplemental Agreement#3 executed on October 29,2018 Supplemental Agreement#4 executed on December 17, 2018 Supplemental agreement#4 expires on March 31, 2019. BERK Consulting, Inc. has not completed their review. The proposed amendment#5 extends the agreement until May 31, 2019. FISCAL IMPACT: This amendment does not change the dollar amount. It is an extension of time only. RECOMMENDATION: The Commissioners are being asked to approve amendment#5 with BERK Consulting,Inc. extending the agreement through May 31, 2019. WE ) WY4 p, ISI 3f204F orle o ator Date Exhibit 0-Supplement to the Scope of Services May 13,2019 Jefferson County Critical Areas Ordinance Update Regulatory Reform Initiative Support to Task Force Addressing Critical Areas, Agriculture, and Environmental Protection Scope of Services Introduction and Understanding Jefferson County intends to complete a periodic review and update of its Critical Areas Ordinance (CAO) consistent with the State of Washington Growth Management Act (GMA). The County also desires environmentally protective regulations that offer timely and fair permitting. Among other goals to promote affordable housing and economic development opportunities,the County wishes to maintain and enhance natural resource industries such as agriculture. See GMA goals at RCW 36.70A.020. From 2015 to 2018, County staff commissioned professional reports from biologists and other experts and drafted and reviewed amendments with the Planning Commission and sought comments from the public. A presentation was made to the Board of County Commissioners in fall 2018 to share the current proposals. The Board anticipates forming a Task Force to address environmental protection, consideration of anadromous fisheries, and agriculture, with stakeholder participation in each district. The County is developing a charter for the Task Force. At the County's request, within the scope of the Comprehensive Plan Update and Municipal Code Review, BERK has prepared a high-level scoping document that: • Addresses potential regulatory reform and policy resolution opportunities in the substance and administration of the draft CAO update. • Identifies what additional policy solutions and other applicable development standards may be available for the all critical area types and especially the agricultural provisions of the CAO to support agriculture while still resulting in no net loss of ecological function. To further support the CAO Update and the Task Force, the County is requesting that BERK provide direct assistance to staff and the Task Force through white papers, memos and concept pieces from other GMA jurisdictions that designate and protect critical areas. This assistance from BERK can further explore issues, options, and draft policy or code language for Task Force and Board review. 7.111 1 Scope TASK A. DEVELOP PAPERS ON CAO ISSUES AND OPTIONS BERK will review, and if appropriate suggest refinement to the Task Force Charter and confer with County staff in order to identify and bring forward appropriate sections from existing, adopted and compliant CAOs from other GMA jurisdictions. If appropriate and value-added, BERK may work cooperatively on the topics and outlines for one or more white papers addressing the CAO Update and Regulatory Reform. The focus of Task A is the review, analysis and sharing of CAO approaches by other jurisdictions, including verbatim language on critical area development standards from other recent, GMA-compliant jurisdictions and where and how they could be considered for incorporation to the currently-drafted Jefferson County CAO. This Task will not consider other policies or concepts at this point in time. TASK B. TASK FORCE SUPPORT BERK will attend up to three Task Force Meetings at the County's direction. BERK will prepare discussion topics, share suggested critical area development standards based on other GMA jurisdictions and disseminate handouts or presentations for the meetings. If attendance is by Skype or phone instead, a greater number of meetings will have direct BERK participation within budgeted resources. The County may substitute meetings with the Board of County Commissioners or other body in place of Task Force meetings. An example of an item for task force support that BERK could supply is: Clark Clallam King Kitsap Whatcom Report by Encouraged for Allow Submit a critical County or Authority to Qualified habitat information area report at qualified require a Professional resources. from qualified a level specialist may critical areas professional determined by review if there assessment Wetland sources or department to are critical report,to be reports qualified adequately areas in the prepared by a confirmed by professionals. evaluate the field. qualified County. County may proposal and professional The burden of and be require all probable demonstrating additional impacts. that any consistent with information orbest available proposed science. may hire a development is qualified consistent with professional at this title is upon the applicant's the applicant. expense. Scope of Report As required in As required in The department Director Analysis shall code. code. may limit the determines be scope to include adequacy of commensurate only that part any special with the value of the site that reports. or sensitivity of is affected by a particular the critical area :iii May 13, 2019 Jefferson County I CAO Update Support 1 2 Clark Clallam King Kitsap Whatcom development and relative to proposal. the scale and potential impacts of the proposed activity. Stewardship Plan Approved by Submit an Property owner Not applicable. Type 1 —self- (agriculture) an ag-habitat alternate or applicant prepared.Type technician agriculture may develop 2 or 3 certified by the worksheet. the farm Agriculture— responsible management need official. plan;County conservation may conduct district/advisor. site visit. TASK C. CAO UPDATE AND ADOPTION SUPPORT Based on County direction regarding the options desired to carry forward from Tasks A and B, BERK will insert proposed code changes into the CAO Update draft. BERK will prepare a draft staff report for County review that draws on the white papers and describes the proposed code changes. BERK will update the draft SEPA Addendum prepared for the CAO Update in 2018 for County review and issuance. Cost Estimate Based on the tasks above, a cost estimate is presented below. Time may be transferred from one task to another provided all tasks are completed. :i'I May 13, 2019 Jefferson County I CAO Update Support 3 Exhibit P Supplement to the Budget BERK Conui`inq Jessica Lisa Grueter Kevin Gifford Hartmann Patricia Taylor Total Hours and Principal Senior Associate Ill Project Estimated Cost Associate I Associate by Task 2019 Hourly Rale $210 $155 $140 $90 To I A DEVELOP PAPERS ON CAO ISSUES AND OPTIONS Refine Garter,Identify Canplia CAO3 White Papers) 411 16 ,, 6 Sabtotaf 411 2E 16 6 9'8 T-, B TASK FORCE SUPPORT Meetings films or Mom) 32 16 Sublarait 32 16 0 0 41 T,.S C. CAO UPDATE AND ADOPTION SUPPORT Code Dmvlopment and Adoption Support 24 12' Subtotal" 24 12 0 0 26 30.440 Toilet Estimated Marr* 104 36 16 6 T1111 Cost($Ows•It ) $21440 $11.6110' $2240 $ $3.3.300 Subtotal Consultant Cost $33,300 Project Expenses @—2%of project budget $670 Estimated Prosed Total ;33,970 71" May 13, 2019 Jefferson County l CAO Update Support 4 • Exhibit Q—Supplement#6 to Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc.and Jefferson County,Washington Summary of Schedule for Supplement#6 Dates Activity Consult provides support in completing the draft CAO and assists OCO, June 3-August 30,2019 County management with the work of a regulatory reform task force in producing policy options for CAO standards. September 3-September Consultant produces draft deliverables for review and feedback. 15,2019 September 16-October DCD,County iVlanagement review and provide feedback to consultant on 15,2019 draft product. Consultant prepares final product. Final draft CAC?provided.Contract completion date. October 31, 2019 :111 May 13, 2019 Jefferson County I CAO Update Support I 5 Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley, County Administrator FROM: Patty Charnas,Director,Dept. Community Development DATE: May 28,2019 RE: Supplement#6 to the Professional Services Contract for BERK Consulting,Additional Scope,Budget and Time Extension. STATEMENT OF ISSUE: The purpose of this amendment is to allow BERK to continue their work assisting DCD managers to provide support to the county's completion of its updates to the draft Jefferson County Critical Areas Ordinance(CAO)and to assist the county in working with a regulatory reform task force regarding additional policy solutions on critical area development standards with specific attention to what may be available for the agricultural provisions of the CAO. This supplement provides additional consultant contract time and labor(182 hours)to provide this support and assistance on the CAO. ANALYSIS: 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 May 31, 2019. The services provided by BERK have been highly satisfactory and this work has assisted the County in accomplishing a valid, solid and updated Comprehensive Plan and implementing regulations that accommodates substantial Board feedback and policy direction received during Board deliberations. BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 1 through 5 of the existing professional services agreement except for the Task 3 SEPA documentation relating to critical areas ordinance update and adoption. This was deferred after Board of County Commissioner direction to postpone critical Consent Agenda areas adoption while the updates to the Comprehensive Plan and nominal, other code updates proceeded. The purpose of this amendment is to allow BERK to continue their work assisting DCD management to provide to provide support to the county's completion of its updates to the draft Jefferson County Critical Areas Ordinance(CAO)and to assist the county in working with a regulatory reform task force regarding additional policy solutions on critical area development standards with specific attention to what may be available for the agricultural provisions of the CAO. The CAO update is in draft form currently and has largely accomplished its technical work with respect to the consideration and inclusion of best available science. Work is also in draft form regarding proposed rules on agricultural activities and critical areas protection. The Board has requested, and this amendment is responsive to,the stated need on opportunities to reform regulations, including the CAO, so that greater predictability and ease of understanding results for county planners and for the general public and permitting customers. This supplement provides additional consultant contract time and labor(182 hours)to provide a support and assistance as described in Exhibit O— Supplement to the Scope of Services. This supplement extends the Professional Services Contract for BERK Consulting by 153 days until October 31, 2019 and provides 182 additional consulting labor hours at an additional cost of$33,970 to Jefferson County. FISCAL IMPACT: Appropriations approved by the BOCC through Supplement#4 total $70,670. The additional $33,9700 for Supplement#6 will be requested in the 2nd Quarter 2019 supplemental budget submission. Following the approval of this contract extension, the department will be submitting a supplemental budget request for the $33,970 to support this Supplement#6 in 2°d Quarter 2019. RECOMMENDATION: Execute the contract amendment. DEPARTMENT CONTACT: Patty Charnas, Director, Department of Community Development REVIEWED BY: roP re 1 (, ) b--/,4 ' ilip Morley, CFI!Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants, Inc. CONTRACT FOR: Jefferson County Comprehensive Plan ttrft4Nt :6ctotk/I-1,;2019 Professional Services MAY 0 2013 COUNTY DEPARTMENT: Department.of Community Development JEFFERSON COUNTY For More Information Contact: Patty Chartres, I 'e N!R/I ISS I ONERS Contact Phone #: 379-4493 RETURN TO: - P. Charms RETURN BY: Please forward to County Administrator for inclusion to BoCC agenda on or by Tuesday,May 28, 2019 (Person in Department) {Date) AMOUNT: Not to Exceed$104,640.00 PROCESS: Exempt from Bid Process x 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 • 0 Review by: Date Reviewed: �_1 giAPPROVED FORM Ei Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSECUT G ATTORNEY Review by: P c 6 Date Reviewed: j f Er/APPROVED AS TO FORM Returned 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.) -1t = 1 1 + l . Organization and Address Supplemental Agreement Number 7 BERK Consultants,Inc. 2200 Sixth Avenue,Suite#1000 Agreement Number Seattle,WA 98121 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 $104,640.00 $17.604 $0 Description Supplement No.7 to Professional Services Agreement for the Comprehensive Plan Periodic Review is appended with: (1)"Exhibit R Supplement to the Schedule"adding describing a no-cost extension to the Time for Performance from October 31,2019 to February 28,2020 adding 120 days. The Local Agency of Jefferson County 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 February 5,2018,as amended by Supplemental Agreement#1 executed on July 23,2018;and Supplemental Agreement#2 executed on September 26,2018;and Supplemental Agreement#3 executed on October 29,2018;and Supplemental Agreement#4 executed on December 17,2018,and Supplement#5 and#6,executed on March 25,2019 and May 28,2019 respectively, remain in effect except as expressly modified by this supplement. The changes to the agreement are described as follows: I 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 shall perform all services and provide all work product required pursuant to this agreement to a date not to exceed February28,2020." Page 1 of 2 II Signatures indicate agreement to the changes as stated in this Supplement#6 to the Professional Services Contract for Comprehensive Plan Periodic Review DATED this 28th day of October,2019. pii • ▪ •• '•' ''BERK Consultants, Inc. COUNTY OF JEFFERSON Consultant BOARD OF COMMISSIONERS dAti ' I /CConsu 1�.ignature ::it di `, to 0 Greg : •the . , . e Approved as to form only this 28th day of October,2019. V' C,41------. /o,h/ Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney ,, / a� �i Charnas, Director �� ttY Department of Community Development Page 2 of 2 Exhibit R—Supplement#7 to Schedule Professional Services Agreement for Comprehensive Plan Periodic Review BERK Consultants, Inc.and Jefferson County,Washington Summary of Schedule for Supplement#7 Dates Activity October—November 14, Consultant continues to provide technical support and products for DCD 2019 and the CAO regulatory reform task force in producing policy options for CAO standards. Consultant produces deliverables for DCD and for Planning Commission November 29, 2019 including task force findings report,draft code,staff report and adopting ordinance. December 4, 2019— Consultant assists DCD in Planning Commission public participation and January 8,2020 public hearing and assists with findings of fact and recommendations January 9—February 28, Consultant assists in producing Final draft CAO for legislative adoption. 2020 Contract completion date. Consent Agenda JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Philip Morley,County Administrator FROM: Patty Charnas,Director,Dept. Community Development DATE: October 28,2019 RE: Supplement#7 to the Professional Services Contract for BERK Consulting -Time Extension. STATEMENT OF ISSUE: The purpose of this amendment is to allow BERK to continue their work assisting DCD managers to provide support to the county's completion of its updates to the draft Jefferson County Critical Areas Ordinance(CAO)and to continue to assist the county in working with a regulatory reform task force regarding additional policy solutions on critical area development standards with specific attention to what may be available for the agricultural provisions of the CAO. This supplement provides additional consultant contract time (120 days)to provide this support and assistance on the CAO. ANALYSIS: 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 October 31, 2019. The services provided by BERK have been highly satisfactory and this work has assisted the County in accomplishing solid work and policy recommendations from the CAO Regulatory Reform Task Force(CAO RR TF). BERK has successfully accomplished to the satisfaction of the County all of tasks and deliverables associated with Tasks 1 through 5 of the existing professional services agreement except for the Task 3 SEPA documentation relating to critical areas ordinance update and adoption. This was deferred after Board of County Commissioner direction to postpone critical Consent Agenda areas adoption while the updates to the Comprehensive Plan and nominal, other code updates proceeded. The purpose of this amendment is to allow BERK to continue their work assisting DCD management to provide to provide support to the county's completion of its updates to the draft Jefferson County Critical Areas Ordinance(CAO)and to continue to assist the county in working with a regulatory reform task force regarding additional policy solutions on critical area development standards with specific attention to what may be available for the agricultural provisions of the CAO. The CAO update is in draft form currently and has largely accomplished its technical work with respect to the consideration and inclusion of best available science. Work is also in draft form regarding proposed rules on agricultural activities and critical areas protection. The Board has requested, and this amendment is responsive to,the stated need on opportunities to reform regulations, including the CAO, so that greater predictability and ease of understanding results for county planners and for the general public and permitting customers. This supplement provides additional consultant contract time to continue to provide support and assistance. This supplement extends the Professional Services Contract for BERK Consulting by 120 days until February 28,2020. FISCAL IMPACT: This Supplement#7 is a no cost time extension from October 31,2019 to February 28,2020. RECOMMENDATION: Execute the contract amendment. DEPARTMENT CONTACT: Patty Chanlas, Director, Department of Community Development REVIEWED BY: ' dip MorleykCo ty r Date CONTRACT REVIEW FORM CONTRACT WITH: BERK Consultants,Inc. Supplemental No. 7 TRACKING NO.: DCD-2019-02 (Contractor/Consultant) CONTRACT FOR: Comprehensive Plan Periodic Review TERM: 10/31/19-02/38/20 COUNTY DEPARTMENT: Common Develo me For More Information Contact: Patty Cahrnas Contact Phone #: x493 nr.T 23 2019 RETURN TO: RETURN BY: (Person in Department) J E F F E RrS [ e O U N T Y AMOUNT: $0.00,time ex only PROCESSf CMILMISISIDINEFIG ❑ Consultant Selection Process Revenue 0 Cooperative Purchase Expenditure 0 Competitive Sealed Bid Matching funds Required 0 Small Works Roster Source(s) of Matching Funds 0 Vendor List Bid ❑ RFP or RFQ O Other Step 1 : REVIEW BY ' .;z:!' ' T Review" 14/ Z.Cir. Date Revie APPROVED FORM 0 Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSEC TING ATTORNEY Review by: Philip C. Hunsucker Date Reviewed: Id A' Chief Civil Deputy Prosecuting Attorney APPROVED AS TO FORM 0 Returned 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 original Contract(s),Agenda Request,and Contract Review form. Also,please send 2 copies of just the Contract(s)(with the originals)to the BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 4:30 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.)