HomeMy WebLinkAboutPleasant Harbor Master Planned Resort Future StaffingRegular Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Mark McCauley, County Administrator
DATE: June 5, 2023
SUBJECT: Pleasant Harbor Master Planned Resort — Future Staffing Agreement
STATEMENT OF ISSUE:
On January 28, 2008, the Board of County Commissioners (Board) unanimously adopted
Ordinance No. 01-0128-08. A 2007 programmatic final environmental impact statement (EIS)
preceded the zoning decision reflected in Ordinance No. 01-0158-08. Ordinance No. 01-0128-
08 approved zoning for a master planned resort in Brinnon, Washington. Ordinance No. 01-
0128-08 was appealed to the Western Washington Growth Management Hearings Board, the
Thurston County Superior Court, and the Washington Court of Appeals, Div. II, all of which
upheld Ordinance No. 01-0128-08.
On June 4, 2018, the Board adopted two ordinances related to the Pleasant Harbor Master
Planned Resort (PHMPR). A 2015 project -specific final supplemental EIS (FSEIS) preceded
the two ordinances adopted by the Board. In Ordinance No. 03-0604-18, the Board adopted
development regulations for the PHMPR. The development regulations establish zoning
restrictions including allowed uses, setbacks and height limitations, among other regulations, to
restrict specific development in the underlying zone. Ordinance No. 03-0604-18 was appealed
to the Western Washington Growth Management Hearings Board and was upheld on January
30, 2019. There was no appeal of this Growth Management Hearings Board decision.
The Board also adopted Ordinance No. 04-0604-18 on June 4, 2018. In Ordinance No. 04-
0604-18, the Board approved a development agreement negotiated between the County and the
developer. Ordinance No. 04-0604-18 was appealed under LUPA to the Kitsap County Superior
Court. Except for the phasing plan in the Development Agreement and identification of a
community center in the Development Agreement and related maps, on March 28, 2019, the
Kitsap County Superior Court upheld Ordinance No. 04-0604-18. The Development Agreement
was amended by the Board and the developer to comply with the court's order.
A billing dispute between the County and the developer was resolved by a settlement agreement
dated March 22, 2022. The settlement agreement contained a requirement that the County and
the Developer come to agreement on a future staffing agreement. Complex negotiations
occurred over nearly a year with significant input by DCD and EPH. A proposed future staffing
Regular Agenda
agreement was negotiated with the developer, who signed it on May 15, 2023. A copy of the
proposed agreement is attached, along with a PowerPoint to facilitate discussion with the Board.
Under the proposed future staffing agreement:
• Pleasant Harbor Marina and Golf Resort, LLC (PHMPR) pays for contract planner.
• PHMPR hires qualified environmental consultant.
• PHMPR creates a reserve for environmental consultant.
PHMPR pays for other consultants for the County, if needed.
• An invoice payment and dispute resolution process created.
• PHMPR pays a retainer that it must replenish.
• A deadline for the required Baseline Water Quality Report is set.
• Payment to County of $83,823.16 must be made.
ANALYSIS:
Staff recommends adoption of the future staffing agreement.
FISCAL IMPACT:
Adoption of the future staffing agreement will:
• Result in a final settlement payment to the County of $83,823.16.
• Ensure regular funding for staff work and outside consultants.
RECOMMENDATION:
Approve and sign the future staffing agreement.
VIEWED BY:
01
Mark McCaul*,/County Administrator
ra
CONTRACT REVIEW FORM
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: Pleasant Harbor Marina and Resort LLC
Contract For: Future Staffing Agreement
COUNTY DEPARTMENT: PAO
Contact Person- Philip Hunsucker
Contact Phone: (360) 385-9219
Contact email: phunsucker@co.jefferson.wa.us
Clear Form
Contract No: PAO-2023-01
Term: Indefinate
AMOUNT: $83,823.16 PROCESS: Exempt from Bid Process
Revenue: $83,823.16 Cooperative Purchase
Expenditure: so Competitive Sealed Bid
Matching Funds Required: so Small Works Roster
Sources(s) of Matching Funds so Vendor List Bid
Fund # N/A RFP or RFQ
Munis Org/Obj N/A Other: Settlement
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: 1-1N/A:❑■ C r4-1111— June 1, 2023
Signature Date
STEP 2:
COUNTY
AGENCY.
DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
(CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
CERTIFIED: ❑ N/A:❑
0 C
Signature
June 1, 2023
Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronically through Laserfiche):
Electronically approved by Risk Management on 6/1/2023.
Great agreement.
STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 6/1/2023.
Highly negotiated agreement as part of a settlement. Hunsucker was
primary negotiator for the County. PAO already has approved as to
form.
STEP 5: DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND
PROSECUTING ATTORNEY(IF REQUIRED).
STEP 6: CONTRACTOR SIGNS
STEP 7: SUBMIT TO BOCC FOR APPROVAL
FUTURE STAFFING AND
CONSULTANT AGREEMENT
FOR THE PLEASANT HARBOR
MASTER PLANNED RESORT'
i This document is being negotiated and is subject to the deliberative process exemption of the
Public Records Act. Approval of any final agreement is conditioned on approval or delegation at
an open public meeting by motion made and passed by the Jefferson County Board of County
Commissioners.
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FUTURE STAFFING AND CONSULTANT AGREEMENT
FOR THE PLEASANT HARBOR MASTER PLANNED RESORT
This Agreement is made between Jefferson County and PHMPR. (All terms in bold in this
Agreement are defined in Section 2.4, below.)
1 RECITALS
1.1 WHEREAS, on June 4, 2018, the Jefferson County Board of County
Commissioners adopted Ordinance No. 03-0604-18 (approving development regulations for the
Master Planned Resort), and Ordinance No. 04-0604-18 (approving a development agreement
between Jefferson County and PHMPR);
1.2 WHEREAS, after legal challenges by The Brinnon Group to Ordinance No. 03-
0604-18 (approving development regulations for the Master Planned Resort) and Ordinance No.
04-0604-18 (approving the development agreement between Jefferson County and PHMPR),
Jefferson County adopted Ordinance No. 08-0722-19, which approved the Development
Agreement, amending the June 4, 2018 development agreement approved in Ordinance No. 04-
0604-18;
1.3 WHEREAS, the Development Agreement contemplates additional permits for
developing the Master Planned Resort;
1.4 WHEREAS, RCW 82.02.020 allows Jefferson County to collect reasonable fees
from an applicant for a permit or other government approval to cover the cost to the County of
processing applications;
1.5 WHEREAS, by the Settlement Agreement, the Parties resolved the Past Billing
Dispute, where PHMPR claimed that certain fees charged by Jefferson County related to the
Development Agreement were not reasonable and violated RCW 82.02.0201
1.6 WHEREAS, the Parties wish to avoid future billing disputes about timely
payment of invoices for reasonable charges for work done by Jefferson County employees or
consultants on the additional permits required for developing the Master Planned Resort and
monitoring by Jefferson County required by the Development Agreement;
1.7 WHEREAS, Jefferson County follows the International Building Code practice
of assessing permit fees based on the estimated value of a building when issuing building permits;
1.8 WHEREAS, the Parties agree that the Jefferson County's standard operating
procedure (SOP) pertaining to Stock Plans shall apply to this project to reduce the permit fee for
plans reviewed by DCD and approved for use on multiple sites;
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1.9 WHEREAS, the Parties agree that any additional fee for Stock Plans resulting
from adoption by Jefferson County of new ICC codes will be equal to the cost of the staff time
for any additional building review caused by this adoption but shall not be based on the building
valuation;
1.10 WHEREAS, DCD cannot allocate the resources necessary to timely and
consistently process the additional permits for developing the Master Planned Resort;
1.11 WHEREAS, the Parties agree that Jefferson County should retain the Contract
Planner at the expense of PHMPR to timely and consistently process the additional permits for
developing the Master Planned Resort;
1.12 WHEREAS, the Parties agree that Jefferson County may need to retain Other
Consultants, managed by the Contract Planner or JCWQ and that PHMPR is responsible to
pay all the reasonable fees and costs related to that work;
1.13 WHEREAS, Jefferson County agrees to provide PHMPR an opportunity to
review and approve any potential Consultant retained by Jefferson County to review future
permits and approvals for the Master Planned Resort; and,
1.14 WHEREAS, Appendix N of Development Agreement provides a water quality
monitoring plan that satisfies the requirements in JCC 17.80.020(2) and requires oversight from
Jefferson County;
1.15 WHEREFORE, the Parties hereby agree to the terms and conditions in this
Agreement; and,
1.16 NOW, THEREFORE, in consideration of the mutual promises and obligations in
this Agreement and for other good and valuable consideration, the receipt and sufficiency of
which the Parties acknowledge, the Parties agree to these terms and agree to be bound by the
terms and conditions in this Agreement.
2 TERMS OF THIS AGREEMENT
2.1 Parties Bound.
This Agreement applies to and is binding upon, and inures to the benefit of each of the Parties.
The persons signing this Agreement on behalf of the Parties certify that they are fully authorized
to enter into the terms and conditions of this Agreement and to execute this Agreement.
2.2 Effective Date.
This Agreement is effective on the date the last Party executes this Agreement.
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2.3 Purposes of this Agreement.
The purposes of this Agreement are to: (a) Provide a mechanism for Jefferson County to meet
its obligations to timely and consistently process the additional permits for developing the Master
Planned Resort; (b) Ensure timely payment for only the reasonable fees of Jefferson County
authorized by RCW 82.02.020 to timely and consistently process the additional permits for
developing the Master Planned Resort; (c) Ensure Invoices contain a reasonable amount of detail
to allows for evaluation of the reasonableness fees billed therein; and, (d) Ensure timely payment
for only the reasonable fees of Jefferson County for overseeing monitoring and mitigation
activities of PHMPR required by Chapter 17.80 JCC and the Development Agreement.
2.4 Definitions.
2.4.1 Words used in this Agreement are to be taken and understood in their natural and
ordinary sense. Words not defined in this request have their usual and ordinary meaning in the
context used and as defined in the Dictionary by Merriam -Webster (hllps://www.merriam-
webster.com/), unless this Agreement indicates that a different meaning was intended. Whenever
these terms are used in this Agreement (including, without limitation, this Section 2.4), the
meanings in this Section 2.4 apply.
2.4.2 Singular/Plural: The use of the singular form of a word includes the plural form
and vice versa.
2.4.3 And & Or: "and" means "or" and "or" means "and," to make the term inclusive
rather than exclusive.
2.4.4 "Agreement" means this Future Staffing and Consultant Agreement for the
Pleasant Harbor Master Planned Resort.
2.4.5 "Base Permit Fee" means the permit fee charged by Jefferson County for land
use permits as updated annually.
2.4.6 "Building Inspector" means a building inspector performing building inspections
at the Master Planned Resort who either is employed by Jefferson County or a is commercial
building inspector hired by Jefferson County and who has a working knowledge of modular and
panelized engineered construction.
2.4.7 "Consultants" means the Building Inspector, the Contract Planner, the
Environmental Consultant and Other Consultants.
2.4.8 "Contract Planner" means the planner selected under Section 2.5.
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2.4.9 "DCD" means Jefferson County's Department of Community Development.
2.4.10 "Development Agreement" means the modified development agreement adopted
in Jefferson County Ordinance No. 08-0722-19.
2.4.11 "Ecology" means the Washington State Department of Ecology.
2.4.12"Effective Date" means the date described in Section 2.2.
2.4.13 "Environmental Consultant" means a person licensed as a professional geologist
in the State of Washington, who, reviews and assesses the water quality monitoring and mitigation
activities of PHMPR required by the Water Quality Monitoring Plan.
2.4.14 "ICC" means the International Code Council.
2.4.15 "Invoices" means Invoices for Contractor Services and Invoices for County
Services.
2.9.1.
2.4.16 "Invoices for Contractor Services" means the invoices identified in Section
2.4.17 "Invoices for County Services" means the invoices identified in Section 2.9.2.
2.4.18 "Jefferson County" means Jefferson County, Washington.
2.4.19 "JCC" means the Jefferson County Code, published by Code Publishing at
hllps://www.codepublishing.com/WA/JeffersonCounty/.
2.4.20 "JCWQ" means the Jefferson County Public Health Water Quality Division.
2.4.21 "Master Planned Resort" means the Pleasant Harbor Master Planned Resort
covered by the Development Agreement and the development regulations in Division II of Title
17 JCC.
2.4.22 "Parties" means Jefferson County and PHMPR, collectively.
2.4.23 "Party" means one of the Parties.
2.4.24 "Past Billing Dispute" means the billing dispute resolved by a settlement between
the Parties, effective March 3, 2022.
2.4.25 "Other Consultants" means persons to perform services for the County with
specialized expertise or knowledge that the Building Inspector, the Contract Planner or JCWQ
does not have and which Jefferson County determines are necessary to process permit
applications or monitoring reports under the Water Quality Monitoring Plan.
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2.4.26"PHMPR" means Pleasant Harbor Marina and Golf Resort, LLC, a Washington
limited liability partnership, UBI Number: 602 815 685.
2.4.27 "RCW" means the Revised Code of Washington.
2.4.28 "Retainer Account" means the account required by Section 2.6.1.
2.4.29 "Settlement Agreement" means the settlement agreement between the Parties
with an effective date of March 3, 2022.
2.4.30 "Stock Plan" means a building plan that has been reviewed by DCD whose
reproduction for use on one or more sites is permissible with reduced building fees as outlined in
DCD's standard operating procedure for stock plans.
2.4.31 "Water Quality Monitoring Plan" the water quality monitoring plan required by
Condition 63-R of Ordinance No. 01-0128-08 that was prepared as Appendix N to the
Development Agreement.
2.5 Selection of Consultants.
2.5.1 The Parties agree that Jefferson County shall hire a Contract Planner; and,
Other Consultants, as needed. Jefferson County shall enter into a professional
services agreement after a competitive process to select a Contract Planner on
terms and conditions consistent with Jefferson County's standard professional
services agreement template attached as Exhibit 1. Contract Planner; and, Other
Consultants will be selected by Jefferson County only with PHMPR's express
written consent which shall not be unreasonably withheld, conditioned or delayed.
PHMPR shall have 10 days after nomination of the Consultants by notice given
in writing by Jefferson County to object in writing to the nomination; otherwise,
consent is waived.
2.5.2 The Parties agree that PHMPR shall hire the Environmental Consultant. The
Environmental Consultant shall be paid for by PHMPR through a yearly reserve
maintained by PHMPR The Environmental Consultant will be selected by
PHMPR only with Jefferson County's express written consent, which shall not
be unreasonable withheld, conditioned or delayed. Jefferson County shall have
10 days after the Environmental Consultant is nominated by notice given in
writing by PHMPR to object in writing to the nomination; otherwise, consent is
waived. Jefferson County consents to the retention of Scott Bender as the
Environmental Consultant. A copy of Scott Bender's resume is attached as
Exhibit 2.
2.5.3 The Contract Planner shall be responsible for accepting and reviewing all
applications filed by PHMPR for consistency with the Development Agreement,
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the JCC and other applicable laws or regulations. The Contract Planner shall
make good faith efforts to return comments or requests for corrections on any
application submitted by PHMPR within 20 business days of receipt of an
application. If the Contract Planner cannot provide comments or requests for
corrections within 20 business days, the Contract Planner shall notify PHMPR
and provide an estimate of when comments will be returned and the reason for
additional review time.
2.5.4 If the Contract Planner or JCWQ determines that Other Consultants are
required and Jefferson County does not have staff capable of completing the
needed reviews, then Jefferson County shall notify PHMPR of the need to hire
Other Consultants and shall promptly begin the retention process. The Parties
shall use best efforts to come to an agreement on the scope and services of the
Other Consultants. However, if no such agreement can be reached, PHMPR
retains the right to object to the services provided by the Other Consultants as not
reasonable.
2.6 Fees for Building Permits.
2.6.1 Basis for Building Permit Fees. PHMPR shall be responsible for paying all
applicable building permit fees as outlined in JCC 15.05.030(1) at the time of the application for
the building permit; provided, however, that PHMPR shall be entitled to reimbursement for any
unearned permit fees.
2.6.2 Building Base Fees. PHMPR understands and agrees to pay all applicable building
based fees customarily charged by Jefferson County, which may include, but not be limited to, a
building base fee (DCDO10), a land use review fee (DCDO18), a plan check review fee (DCDO19),
a water system approval fee (EH160), a scanning fee (DCD022) and a State fee (DCD 032).
2.6.3 Payment of Building Permit Fees. Payment of building permit fees shall be paid
based on an estimate of the fair market value of the structure covered by the building permit..
Payment of the entire estimate must be made by PHMPR before any work by Jefferson County
begins on a building permit application. After Jefferson County completes all the work required
to issue a building permit, it will advise PHMPR of the final total building permit fees incurred
and issue a refund of any unspent portion of the plan check fee.
2.6.4 Disputes on Total Fees for Building Permits. Disputes about the total building
permit fee shall be subject to the dispute resolution provision in Section 3.2.
2.7 Fees for Water Ouality Monitoring Required by the Water Ouality
Monitoring Plan_ The Water Quality Monitoring Plan requires PHMPR to conduct certain
water quality monitoring and mitigation activities, including the periodic submission of data to
JCWQ. PHMPR agrees to pay Jefferson County for the reasonable costs of the JCWQ to
review the data submissions required by the Water Quality Monitoring Plan.
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2.8 Payment by PHMPR for the Services of the Building Inspector, the Contract
Planner, and Other Consultants. PHMPR shall pay for the services of the Building Inspector,
the Contract Planner, and Other Consultants, as required by this Section 2.8.
2.8.1 Retainer Account. Jefferson County shall establish the Retainer Account with
the Auditor and Treasurer of Jefferson County for the deposit of funds from PHMPR to ensure
that payments to the Building Inspector, the Contract Planner, and Other Consultants are made
timely and consistently to pay for their work contemplated by this Agreement.
2.8.2 Deposits to Retainer Account. PHMPR shall deposit in the Retainer Account an
initial amount of $30,000, from which Jefferson County may draw upon to cover any undisputed
amounts that PHMPR does not timely pay as required by Section 2.9.7 PHMPR shall
immediately replenish the Retainer Account
2.8.3. Failure to Replenish the Retainer Account. Jefferson County, the Building
Inspector, the Contract Planner, and the Other Consultants shall suspend all work on
applications for permits until PHMPR replenishes the Retainer Account as required by Section
2.8.2.
2.9 Billing Process.
2.9.1 Submission of Invoices for Contractor Services. DCD shall send to PHMPR
Invoices for Contractor Services incurred in excess of the applicable Base Permit
Fee not later than 30-days after receipt by DCD.
2.9.2 Submission of Invoices for Countv Services. DCD shall send to PHMPR
Invoices for County Services by 45 days following the performance of work.
Failure by DCD to bill for such services under the requirements of this Section
2.9.2, shall not be subject to payment by PHMPR. DCD shall collect billing
information from other County departments for transmission to PHMPR under this
Section 2 9 2
2.9.3 Transmission and Receipt of Invoices. Invoices for Contractor Services and
Invoices for County Services shall be summitted by DCD to PHMPR by email,
which shall promptly be acknowledged by return email by PHMPR. Invoices
transmitted by DCD to PHMPR shall be deemed received by PHMPR on the date
they are sent.
2.9.4 Invoice Detail. Invoices for Contractor Services and County Services shall bill
time in quarter hour increments and provide a reasonably description of the work
performed. Quarter hour increments shall be the minimum billing increment for
invoices.
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2.9.5 PHMPR has 30 Days After Receipt to Object to Entries in an Invoices. PHMPR
has 30 days to object to an entry on a submitted Invoice for Contractor Services
or Invoice for County Services. Objection shall be made by each entry to which
there is an objection, stating the reason(s) for the objection to every disputed entry
on an invoice. Failure by PHMPR to object to any entry on a submitted invoice or
before 30 days after receipt, shall be deemed a voluntary waiver of objection.
2.9.6 Transmission and Receipt of Objections to Invoices. Objections to Invoices for
Contractor Services and Invoices for County Services shall be summitted by
PHMPR to DCD by email, which shall promptly be acknowledged by return email
by DCD. Objections to invoices transmitted by PHMPR to DCD shall be deemed
received by DCD on the date they are sent.
2.9.7 PHMPR Must Make Payment of All Undisputed Amounts within 45 Days.
PHMPR must pay all undisputed amounts within 45 days of receipt of a submitted
Invoice for Contractor Services or Invoice for County Services. In the event
PHMPR fails to make timely payment as required by this Section Jefferson
County may, in its sole discretion, immediately draw upon the Retainer Account
to satisfy unpaid Invoice for Contractor Services or Invoice for County Services
Interest shall accrue monthly as a fractional percentage of 7 percent annually and
shall compound monthly until paid by PHMPR. The failure by PHMPR to pay all
undisputed amounts or any interest because of its failure to pay undisputed
amounts, shall constitute a material breach of this Agreement, which PHMPR
understands will cause the County stopping all work on pending for permits.
2.9.8 Dispute Resolution for Billing Disputes. PHMPR and DCD shall attempt to
resolve any billing disputes within 15 days of receipt of any objection sent to DCD
by PHMPR. Upon a failure to resolve any billing disputes under this Section 2.9.6,
the dispute resolution procedures in Section 3.2 shall apply.
2.10 Submission and Review of Report Required by Section VI(2) of the Water Quality
Monitoring Plan. PHMPR agrees to provide to JCWQ the report required by
Section VI(2) of the Water Quality Monitoring Plan which satisfies the
performance standards required by Section VI (8) of the Water Quality
Monitoring Plan. The report will include best management practices to be applied
so that when all appropriate combinations of individual best management practices
are utilized, PHMPR will not cause a violation of water quality criteria. PHMPR
will establish baseline conditions at least 60 days prior to submitting the first
development application, as required by Section VI of the Water Quality
Monitoring Plan. JCWQ shall provide comments on the report to PHMPR
promptly. The format for the report shall be provided to JCWQ
within 30 days after the Effective Date. JCWQ shall provide comments on the
format of the report to PHMPR promptly.
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2.11 Satisfaction of Settlement Agreement Condition.
The Parties agree this Agreement, once effective, constitutes completion of the
Future Staffing Agreement in Section 2.5 of the Settlement Agreement, and
payment of $83,823.16 (eighty-three thousand, eight hundred, twenty-three dollars
and sixteen cents), the remaining one-half of the settlement amount required to be
paid by the Settlement Agreement.
3 GENERAL PROVISIONS
3.1 Controlling Law.
It is understood and agreed this Agreement is entered into in the State of Washington. It is agreed
this Agreement is be governed by and construed under the laws of the United States and of the
State of Washington as if applied to transactions entered into and to be performed wholly within
Washington between Washington residents. No Parties may argue or assert than any law other
than Washington law applies to the governance or construction of this Agreement.
3.2 Disputes.
The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into
claims or legal actions. Any disputed issue not resolved under this Agreement shall be submitted
in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final,
but shall be subject to judicial review. If either Parties deems it necessary to institute legal action
or proceeding to enforce any right or obligation under this Agreement, the prevailing party in such
action shall be entitled to recover its attorneys' fees and court costs. Any legal action shall be
initiated in the Superior Court of the State of Washington for Jefferson County, subject to the
venue provisions for actions against counties in RCW 36.01.050.
3.3 Entire Agreement.
This Agreement is an integrated agreement and it contains the entire agreement between the
Parties relating to this subject and its terms are contractual, not a mere recital. Except as
specifically provided in this Agreement, this Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral. This
Agreement supersedes and controls all prior communications between the Parties or their
representatives relative to the matters in this Agreement.
3.4 Severability.
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
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application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
3.5 Survival.
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement Without limiting the generality of the
preceding sentence, and to avoid doubt, the provisions that survive the term of this agreement
include: (a) controlling law; (b) disputes; and, (c) indemnification.
3.6 No Inducements.
The Parties acknowledge there have been no inducements or representations upon which any
party have relied in entering into this Agreement, except as expressly set forth in this Agreement.
3.7 No Third -Parties Beneficiaries.
The Parties do not intend, and nothing in this Agreement will be construed to mean, that any
provision is to benefit any other person or entity who is not a Settling Parties.
3.8 Modification of this Agreement.
This Agreement may be amended or supplemented only by a writing signed by duly authorized
representatives of all the Parties.
3.9 Signature in Counterparts.
The Parties agree that separate copies of this Agreement may be signed by each of the Parties
and this Agreement will have the same force and effect as an original signed by all the Parties.
3.10 Facsimile and Electronic Signatures.
The Parties agree that a facsimile, copied, or scanned signature of this Agreement will have the
same force and effect as an original signed by all the Parties.
3.11 Cooperation.
The Parties agree that they will facilitate, in good faith, the effectuation of this Agreement.
3.12 Voluntary Undertaking.
The Parties acknowledge that they have read this Agreement and fully know the contents of this
Agreement and its legal effect. This Agreement is entered into voluntarily and with no coercion
by or undue influence by any person, firm, or corporation.
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3.13 Investigation and Complete Understanding.
The Parties acknowledge that they have made such investigation of the facts pertaining to this
Agreement and all matters in this Agreement as they deem necessary, desirable, or appropriate.
The Parties expressly understand that the facts later may turn out to be other than or different from
the facts now known or believed to be true. The Parties expressly assume the risk of such different
facts and agree that all provisions of this Agreement will remain effective and enforceable and
not subject to termination or rescission because of any such different facts.
3.14 Independent Legal Advice and Investigation.
In entering into this Agreement, the Parties acknowledge that they have received independent
legal advice from their own counsel and have relied on their own investigation and upon the advice
of their own attorney regarding the advisability of making the settlement provided in this
Agreement.
3.15 No Oral Waiver.
No term or provision of this Agreement will be considered waived by either Settling Parties, and
no breach excused by either Settling Parties, unless such waiver or consent is in writing signed
on behalf of the Settling Parties against whom the waiver is asserted. No written consent by either
Settling Parties to, or waiver of, a breach by either Settling Parties, whether express or implied,
will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either Settling Parties.
3.16 Arms -Length Negotiations.
The Parties agree this Agreement has been negotiated at arms -length, with the assistance and
advice of competent, independent legal counsel.
3.17 Joint Drafting Effort.
The Parties acknowledge and agree that the drafting of this Agreement has been a joint effort by
the Parties and this Agreement will not be deemed prepared or drafted by any one of the Parties.
This Agreement will be interpreted fairly and under their intent and not for or against any Parties.
The Parties further acknowledge and agree that each of the Parties possesses equal bargaining
power regarding this Agreement.
3.18 Notice.
All communications, notices and demands of any kind which a Party under this Agreement
requires or desires to give to any other Party shall be in writing deposited in the U.S. mail, certified
mail postage prepaid, return receipt requested, and addressed as follows:
March 17, 2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
Page 12of16
To Jefferson County:
Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc:
Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
To PHMPR:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E. Raintree Drive, Suite 100
Scottsdale, Arizona 85269
1616
John T. Cooke
Houlihan Law
100 N. 35th St.
Seattle, WA 98103
3.19 Attachments.
Any document in this Agreement identified as an attachment is part of this Agreement and is
incorporated by reference into this Agreement.
3.20 Reference to Sections in this Agreement.
Any reference to a section in this Agreement is a reference to a section of this Agreement, unless
clearly stated to the contrary.
3.21 Headings.
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THE PLEASANT HARBOR MASTER PLANNED RESORT
Page 13of16
The section headings in this Agreement are included as a matter of convenience and are not
intended to and will not be construed as affecting the terms and conditions of this Agreement.
4 REPRESENTATIONS AND WARRANTIES.
The Parties represent and warrant:
4.1 That each is fully authorized to enter into this Agreement;
4.2 That each has taken all necessary actions to duly approve the making and
performance of this Agreement and that no other approval is necessary; and,
4.3 That each has read this Agreement in its entirety and know the contents of this
Agreement, that the terms of this Agreement are contractual and not merely recitals, and that
each has signed this Agreement, having obtained the advice of legal counsel.
(SIGNATURES FOLLOW ON NEXT PAGES)
March 17, 2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
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THE UNDERSIGNED HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO ITS TERMS:
PLEASANT HARBOR MARENA AND GOLF RESORT, LLP
M. Garth Margin, Meager
Date:
Approved as to Form:
JT Cooke, Counsel for PHMPR
Date: May 23, 2023
March 17, 2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
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THE UNDERSIGNED HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO ITS TERMS:
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
Greg Brotherton, Chair
Date:
Kate Dean, Member
Date:
Heidi Eisenhour, Member
Date:
Attest:
Carolyn Gallaway,
Clerk of the Board
Date:
Approved as to Form:
C.
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Date: May 8, 2023
March 17, 2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
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EXHIBIT 1
EXHIBIT 1
PROFESSIONAL SERVICES AGREEMENT FOR
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
("the Contractor"), in consideration of the
mutual benefits, terms, and conditions specified below.
1. Project Designation. The Contractor is retained by the County to perform the following
Project:
2. Scope of Services. The Contractor agrees to perform the services identified on Exhibit "A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on and
continue through . Work performed consistent with this Agreement
during its term, put prior to the adoption of this Agreement, is hereby ratified. The
Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit
"A". Time is of the essence in the performance of this Agreement.
4. Pam The Contractor 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 The Contractor shall be made as provided on
Exhibit `B" attached hereto, provided that the total amount of payment to The
Contractor shall not exceed $ without express written modification of
this Agreement signed by the County.
b. Invoices must be submitted by the 15t' of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval thereof,
payment will be made to the Contractor in the amount approved. Failure to submit
timely invoices and reports pursuant to Exhibit B of this Agreement may result in
a denial of reimbursement. Invoices not submitted within 60 days may be denied.
C. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Consultant shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and rate
using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page i of 11
e. The Contractor'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
six (6) years after final payments. Copies shall be made available upon request.
5. Ownership and Use of Documents. All non -confidential or de -identified documents,
drawings, specifications, and other materials produced by the Contractor 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 Contractor shall be
permitted to retain copies, including reproducible copies, of drawings and specifications
for information, reference and use in connection with the Contractor's endeavors. The
Contractor shall not be held liable for reuse of documents or modifications thereof,
including electronic data, by County or its representatives for any purpose other than the
intent of this Agreement.
6. Compliance with laws. The Contractor 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. Audit. An audit will be submitted to the County upon request. Upon request, the
Contractor will submit the most recent financial audit within 30 days.
a. Upon request the County shall have the option of performing an onsite review of
all records, statements, and documentation.
b. If the County finds indications of potential non-compliance during the monitoring
process, the County shall notify the Contractor within ten (10) days. County and
The Contractor shall meet to discuss areas of contention in an attempt to resolve
issues.
C. Audit will provide statements consistent with the guidelines of Reporting for Other
Non -Profit Organizations AICPA SOP 78-10, and is performed in accordance with
generally accepted auditing standards and with Federal Standards for Audit of
Governmental Organizations, Programs, Activities and Functions, and meeting all
requirements of 2 C.F.R. Part 200, as applicable.
8. Indemnification. The Contractor shall indemnify and hold harmless the County, its past or
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities), from and against all claims, losses or liability, or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries, sickness, disease or death to the Contractor's own employees, or damage
to property occasioned by a negligent act, omission or failure of the Contractor. The
Contractor shall be liable only to the extent of the Contractor's proportional negligence.
The Contractor specifically assumes potential liability for actions brought against the
County by the Contractor's employees, including all other persons engaged in the
performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 2 of 11
Contractor recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.115 and was subject of mutual negotiation.
9. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in
force during the terms of this Agreement.
a. 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 Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3) Non -owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an 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:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises — Operations Liability (M&C);
v. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage (tail coverage) shall be purchased for three (3)
years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three (3) years.
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 3 of 11
d. The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement, except Professional Liability Insurance when
not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage; (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368,
and, (d) A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty (30) days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured" to a policy
obtained by the Contractor 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
Contractor to obtain the full text of that endorsement and forward that full text to
the County. Certificates of coverage as required by this section shall be delivered
to the County within fifteen (15) days of execution of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under this Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
h. The Contractor's 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, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. 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.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self -insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self -insured retention,
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
1. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County (including its employees and other agents and
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 4 of 11
agencies) for payment of any premiums or for assessments under any form of
insurance policy.
m. Any judgments for which the County may be liable, in excess of insured amounts
required by this Agreement, or any portion thereof, may be withheld from payment
due, or to become due, to the Contractor until the Contractor shall furnish additional
security covering such judgment as may be determined by the County.
n. 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 Contractor must provide in order to comply with this
Agreement.
o. The County may, upon the Contractor's failure to comply with all provisions of this
Agreement relating to insurance, withhold payment or compensation that would
otherwise be due to the Contractor.
p. The Contractor's liability insurance provisions shall be primary and
noncontributory with respect to any insurance or self-insurance programs covering
the County, its elected and appointed officers, officials, employees, and agents.
q. Any failure to comply with reporting provisions of the insurance policies shall not
affect coverage provided to the County, its officers, officials, employees, or agents.
r. The Contractor's insurance shall apply separately to each insured against whom
claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
The Contractor 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
the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations
on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced. All the insurance policies required by this Agreement shall provide that
thirty (30) days prior to cancellation, suspension, reduction or material change in
the policy, notice of same shall be given to the Jefferson County Public Health
Contracts Manager by registered mail, return receipt requested.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the requirements
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 5 of 11
for limits of liability or gaps in coverage need not be placed with insurers or re-
insurers licensed in the State of Washington.
w. The County reserves the right to request additional insurance on an individual basis
for extra hazardous contracts and specific service agreements.
10. Worker's Compensation Industrial Insurance).
a. If and only if the Contractor 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 Contractor, the Contractor shall maintain
workers' compensation insurance at its own expense, as required by Title 51 RCW,
for the term of this Agreement and shall provide evidence of coverage to Jefferson
County Public Health, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability
with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control the Contractor's own
activities, and the activities of its subcontractors, employees, agents, and representatives,
in providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither the Contractor nor any employee of
The Contractor shall be entitled to any benefits accorded County employees by virtue of
the services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
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 the Contractor, or any employee of the
Contractor.
12. Subcontracting Requirements.
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 6 of 11
a. The Contractor is responsible for meeting all terms and conditions of this
Agreement including standards of service, quality of materials and workmanship,
costs, and schedules. Failure of a subcontractor to perform is no defense to a breach
of this Agreement. The Contractor assumes responsibility for and all liability for
the actions and quality of services performed by any subcontractor.
b. Every subcontractor must agree in writing to follow every term of this Agreement.
The Contractor must provide every subcontractor's written agreement to follow
every term of this Agreement before the subcontractor can perform any services
under this Agreement. The Public Health Director or their designee must approve
any proposed subcontractors in writing.
c. Any dispute arising between the Contractor and any subcontractors or between
subcontractors must be resolved without involvement of any kind on the part of the
County and without detrimental impact on the Contractor's performance required
by this Agreement.
13. Covenant Against Contingent Fees. The Contractor warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Contractor, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the Contractor,
any fee, commission, percentage, brokerage fee, gifts, or any other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, the County shall have the right to annul this Agreement 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.
14. Discrimination Prohibited. The Contractor, 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, gender, sexual orientation, material status, sex, or the presence of any
physical or sensory handicap in the selection and retention of employees or procurement
of materials or supplies.
15. No Assignment. The Contractor shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
16. 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
provision.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10) days written notice to the Contractor.
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 7 of 11
b. In the event of the death of a member, partner, or officer of the Contractor, or any
of its supervisory personnel assigned to the project, the surviving members of the
Contractor 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 Contractor and the County, if
the County so chooses.
c. The County reserves the right to terminate this contract in whole or in part, with 10
days' notice, in the event that expected or actual funding from any funding source
is withdrawn, reduced, or limited in any way after the effective date of this
agreement. In the event of termination under this clause, the County shall be liable
for only payment for services rendered prior to the effective date of termination.
18. Notices. All notices or other communications which any parry desires or is required to
give shall be given in writing and shall be deemed to have been given if hand -delivered,
sent by facsimile, email, or mailed by depositing in the United States mail, prepaid to the
party at the address listed below or such other address as a party may designate in writing
from time to time. Notices to the County shall be sent to the following address:
Jefferson County Risk Manager
P.O. Box 1220
Port Townsend, WA 98368
Notices to the Contractor shall be sent to the following address:
19. Integrated Agreement. This Agreement together with attachments or addenda represents
the entire and integrated Agreement between the County and the Contractor and supersedes
all prior negotiations, representations, or agreements written or oral. No representation
or promise not expressly contained in this Agreement has been made. This Agreement
supersedes all prior or simultaneous representations, discussions, negotiations, and
agreements, whether written or oral, by the County within the scope of this Agreement.
The Contractor ratifies and adopts all statements, representations, warranties, covenants,
and agreements contained in its proposal, and the supporting material submitted by the
Contractor, accepts this Agreement and agrees to all of the terms and conditions of this
Agreement.
20. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager, whose decision in the matter shall be final, but shall be subject to judicial review.
If either party deem it necessary to institute legal action or proceeding to enforce any right
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 8 of 11
or obligation under this Agreement, each party in such action shall bear the cost of its own
attorney's fees and court costs. Any legal action shall be initiated in the Superior Court of
the State of Washington for Jefferson County. The parties agree that all questions shall be
resolved by application of Washington law and that the parties have the right of appeal
from such decisions of the Superior Court in accordance with the laws of the State of
Washington. The Contractor hereby consents to the personal jurisdiction of the Superior
Court of the State of Washington for Jefferson County.
22. Section Headings. The headings of the sections of this Agreement are for convenience of
reference only and are not intended to restrict, affect, or be of any weight in the
interpretation or construction of the provisions of the sections or this Agreement.
23. Limits of Any Waiver of Default. No consent by either party to, or waiver of, a breach by
either party, whether express or implied, shall constitute a consent to, waiver of, or excuse
of any other, different, or subsequent breach by either party.
24. No Oral Waiver. No term or provision of this Agreement will be considered waived by
either party, and no breach excused by either party, unless such waiver or consent is in
writing signed on behalf of the party against whom the waiver is asserted. Failure of a
party to declare any breach or default immediately upon the occurrence thereof, or delay
in taking any action in connection with, shall not waive such breach or default.
25. Severabili1y. Provided it does not result in a material change in the terms of this
Agreement, if any provision of this Agreement or the application of this Agreement to any
person or circumstance shall be invalid, illegal, or unenforceable to any extent, the
remainder of this Agreement and the application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
26. Binding on Successors, Heirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Assignment. The Contractor shall not sell, assign, or transfer any of rights obtained by
this Agreement without the express written consent of the County.
28. No Third -party Beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect as
if all the parties had signed the original.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31. Arms -Length Negotiations. The parties agree that this Agreement has been negotiated at
arms -length, with the assistance and advice of competent, independent legal counsel.
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 9 of 11
32. Public Records Act. Notwithstanding the provisions of this Agreement to the contrary, to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW, as may hereafter be amended, the Contractor agrees to maintain
all records constituting public records and to produce or assist the County in producing
such records, within the time frames and parameters set forth in state law. The Contractor
further agrees that upon receipt of any written public record request, Contractor shall,
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
33. Confidentiality. With respect to all information relating to County that is confidential and
clearly so designated, as required by the Health Insurance Portability and Accountability
Act (HIPAA) and any other applicable privacy laws, the Contractor agrees to keep such
information confidential. The Contractor shall not disclose, transfer, or sell any such
information to any party, except as provided by law or, in the case of personal information,
with the prior written consent of the person to whom the personal information pertains.
The Contractor shall maintain the confidentiality of all personal information and other
information gained by reason of this Agreement, and shall return or certify the destruction
of such information if requested in writing by Jefferson County. This Agreement, once
executed, will be a "public record" subject to production to a third party if same is requested
pursuant to- the Washington Public Records Act, Chapter 42.56 RCW, as may hereafter be
amended.
34. Criminal History/Background Check. Each of the Contractor's employees, the employees
of any of the Contractor's approved subcontractor, or volunteers used by the Contractor
shall submit to a Washington State Patrol fingerprint identity and criminal history check
before they are authorized to perform services for the Project. The County agrees to bear
all reasonable costs incurred in the performance of this fingerprint identity and criminal
history check. Contractors who may or will have regular access or limited access to any
juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor, or volunteers used by the Contractor
undergo not less often than once every three (3) years another Jefferson County
approved criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about
the requirements of RCW 13.40.570 and of the new crimes included in RCW
9A.44, Sexual Offense;
C. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed
Agreement.
DATED this
day of
20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 page 10 of 11
Name of the Contractor
Contractor Representative (Please print)
(Signature)
Title
Date
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Heidi Eisenhour, Chair
Kate Dean, Member
Greg Brotherton, Member
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 page 11 of 11
EXHIBIT 2
EXHIBIT 2
STATEMENT OF QUALIFICATIONS
3a BENDER
CONSULTING, LLC
Applied Groundwater Soiutions
SCOTT F. BENDER C. G. W.P. R.P G.
p p
1154
1992 92 South F.Iper Bay Road
Carnano Island, WA 99282
ph: 360.631,5600
cc]]: 425 994 9943
REGISTRATIONS
scou*bsnderllc.com
www.6endvrllc.com
Certified Ground Water Professional: NGWA (518)
Registered Professional Geologist: Oregon (G2714)
Registered Professional Hydrogeologist: Washington (874)
Registered Professional Geologist: Washington (874)
Professional Geologist: California (GEO 9503)
CORPORATE SUMMARY
Bender Consulting, LLC is a consultancy in groundwater science and engineering —
specializing in construction dewatering design services, water supply, water rights support,
and dispute resolution related to hydrogeology. We support the legal, construction,
engineering, and environmental industries. A unique hydrogeologic consulting firm that
specializes in these fields; we offer the proven ability to develop innovative yet sensible
groundwater solutions that satisfy project performance, design criteria, and schedule. Our
goal is to reduce risk for our clients engaged in design and construction, and to provide a
sound, technical, and defendable understanding of the groundwater regime to our legal and
engineering clientele. In the end, we deliver practical solutions to groundwater challenges.
Scott Bender is the Principal of the firm with 38 years of applied experience in water supply,
groundwater control, and water rights. He has provided over 800 dewatering designs. His
work is innovative and award winning. He has won ASCE Engineering Excellence Awards
for his groundwater control system designs for projects at the U.S. Embassy site in Bogota,
Columbia and at the Boston Central Artery in Boston, Massachusetts. He has conceptualized
and implemented new mitigation methods for acquisition of water rights. He has managed
the groundwater evaluations or designed the groundwater control systems across the United
States and abroad. He has designed dewatering systems for the majority of the large-scale
underground construction projects in the greater Seattle area including the design for all of
the groundwater control systems for the Alaskan Way Viaduct (Bertha) tunnel drive access
and exit pits, approaches, and rescue shafts.
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RELEVANT EXPERIENCE
Groundwater Control
Dewatering and Recharge System Design. Fort Point Channel, Boston Central Artery, Boston,
MA. Performed aquifer testing and dewatering and recharge system design for the largest open
excavation in the United States at Section C09133 of the Central Artery Project (Interstate 90) in
Boston, Massachusetts. The excavation and construction of the 300- by 1,600- by 60-foot-deep
casting basin adjacent to the Fort Point Channel had serious potential impacts to adjacent
manufacturing facilities. A groundwater recharge system was designed to maintain static
piezometric levels and prevent off -site impacts to these structures. The groundwater control
system design for the Boston Central Artery project was awarded a 1999 Engineering Excellence
Honor award by the American Consulting Engineers Council and was referred to as the "jewel of
the Central Artery Project".
Groundwater ControlAnalyses, Denny Way CSO Tunnel in Seattle, WA. Project hydrogeologist
for geotechnical evaluation of soil conditions of the Denny Way CSO Tunnel in Seattle,
Washington.
Groundwater Control Analyses, Sound Transit U-Link Light Rail Transit System, Seattle, WA.
Project hydrogeologist for groundwater -related engineering studies. Over 130 groundwater -
monitoring instruments were installed to depths of 270 feet along the 5-mile tunnel alignment. A
conceptual groundwater flow system model was developed to assign hydrostatic pressures,
identify hazards during tunneling conditions, and inflow analyses for construction of the tunnel
and stations.
Dewatering Design for the U.S. Embassy in Bogota, Colombia. Performed site tests and the
dewatering design for the construction of a U.S. Embassy in Bogota, Colombia. This study
included both local and regional analysis of the groundwater system in a 600-foot-thick lakebed
sequence of sands, clays, and organics. A recharge system was also required to minimize off -site
impacts from lowering the piezometric surface. Lowering the piezometric surface, in combination
of installing wick drains and preloading, successfully resulted in 6 feet of settlement and
consolidation at the ground surface. This complex system utilized 22 pumping and 28 recharge
wells.
Groundwater Control Design and Water Rights, Safeco Field, Seattle, WA. Designed permanent
groundwater control system beneath the playing field and deep structures of Safeco Field in
downtown Seattle. We played a key role in delineating basin areas, discussing groundwater
attributes with Ecology, and final acquisition of the water right for irrigation of the play field.
Dewatering Design, Riverfront Station, St. Louis, MO. Provided a dewatering design for the
construction of a casino on the Missouri River. The construction site extended 100 feet into the
river. A dewatering system was required to limit flooding within the construction site at high
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stages of the river. Three-dimensional groundwater modeling was performed to design the system,
which included modeling beneath and through a sheet pile cofferdam.
Groundwater Control Analyses, Tri-Met Light Rail Transit System, Portland, OR. Performed
aquifer analysis and computer modeling to predict groundwater inflows to the Tri-Met Light Rail
Tunnel during tunnel construction. This complex three-dimensional modeling effort simulated
drainage into the tunnel during excavation of the tunnel. The host material was a highly fractured
portion of the Grande Rhonde basalts in Portland, Oregon.
Construction Dewatering Designs, Sand Island Wastewater Treatment Plant, Honolulu,
Hawaii. Designed dewatering systems for the Effluent Pump Station, Headworks, and Hart Street
Pump Station projects related to upgrades of the Honolulu Wastewater Treatment Plant. The
dewatering designs evaluated the requirements for installing deep pipes and structures low
permeability lagoonal deposits to very pervious coral and coral gravels. Discharge limitations
pushed the project into a value -engineering phase during construction, and ultimately required
that a number of structures be redesigned.
Third Runway Embankment and South 15411 Street Improvements, Seattle, Washington.
Performed geologic characterization and dewatering design for two dewatering systems: the
embankment on the west side of the runway, and the 154th Street Improvement on the north end
of the runway. This section was underlain by a shallow water table aquifer and a deep confined
aquifer that was interconnected at various parts of the alignment. A combination of deep wells
and well points were installed to lower the water levels in both aquifers.
Jackson Park Golf Course Improvements, Seattle, Washington. Performed geologic
characterization and dewatering system design for modification of the Jackson Park Golf Course
in Seattle. The project included re-routing of the stream and construction of ponds. The site was
underlain by an artesian aquifer with heads over 15 feet above ground surface in areas. Excavation
for the ponds and streams required lowering the piezometric heads to prevent blowout of a thin
peat and silt confining unit.
Washington Park Reservoir Improvements, Portland, Oregon. Performed site testing and
provided the dewatering designs for various walls at the Washington Park Reservoir
Improvements, much of the site work was in the vicinity of active slope movement.
University of Washington Ambulatory Surgery Pavilion, Seattle, Washington. Provided a
dewatering design for a deep excavation near Montlake in variable glacial soils. The site was
underlain by till, an outwash of variable permeability, and a lower aquitard immediately below
subgrade.
Waste Management Sewer Improvements, Woodinville, Washington. As part of their permit to
upgrade their facilities, Waste management was required to install a deep sewer line along about
800 feet of their property. The two aquifers were connected at one location. A deep pressure
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reduction system was installed to minimize the potential for heave of the excavation bottom; a
well point system was then installed to control shallow groundwater pressures.
Henderson Transfer/ CSO Project, Seattle, Washington
Provided a dewatering design and subsurface instrumentation design and monitoring for select
shafts. Shafts included Outlet Regulator Portal, Martin Luther King Inlet Regulator and Martin
Luther King Junction Manhole; these were up to 85 feet deep.
ReTrac, Reno, Nevada. Designed a groundwater control system to allow collection and treatment
of groundwater below subgrade for rapid construction.
Wayne Morse Federal Courthouse, Eugene, Oregon. Designed a groundwater control system
for courthouse foundation in a historic river channel filled with very pervious sands and cobbles
underlain by clay.
Centralia Wastewater Treatment Plant, Centralia, Washington. Performed dewatering testing
and analyses for the dewatering design at the treatment plant and related facilities.
Bellevue Direct Access, Bellevue, Washington. Performed dewatering testing and dewatering
analyses for shallow and deep aquifers along a 1,000-foot, deep segment of the new freeway ramp
construction.
Williams Gas Pipeline, Auburn, Washington. Designed groundwater control system of a 23-foot
cut for pipeline installation next to the White River. The pipeline invert was constructed beneath
a low -permeability clay that was overlain by high permeability outwash and alluvium. System
discharge was over 3,000 gpm.
Cemetery Creek Sewer Project, Snohomish, Washington. Designed a dewatering system for
deep sewer installation. The site soils were a complex hydrogeologic arrangement in truncated
glacial soils.
Grain Receiving Building and Conveyor Tunnel, Port of Longview, Longview, Washington.
Designed a deep well dewatering system consisting of 22 wells discharging on the order of 800
gallons per minute per well. This system lowered groundwater levels over 27 feet.
Gog-le-hi-te Habitat Action project, Tacoma, Washington. This project required deep pressure
reduction to eliminate basal heave of an exaction beneath a previous landfill. The system was
designed to eliminate aquifer cross connection so that contaminants were not introduced into the
waste stream while allowing excavation beneath the stage of the Puyallup River.
Brightwater Central Contract, Bothell, Washington. As part of the Brightwater Sewage
Treatment Plant and Conveyance project, designed a number of dewatering systems for
installation of pipelines. The dewatering systems also included pressure reduction for two shafts
over 90 feet deep.
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All American Canal Lining Project, El Centro, California. Performed extensive site testing and
design for construction of a new canal supplying irrigation water for the Imperial Irrigation
District. The canal was constructed adjacent to and across an existing unlined canal that carries
about 14 percent of the Colorado River flow; leakage from the existing canal had raised local
groundwater levels over 50 feet. The project was one of the largest construction dewatering
projects in the history of the country.
Picnic Point Wastewater Treatment Plant, Snohomish County, Washington. Designed a deep
well groundwater control system for deep facility structures in an outwash channel. The structures
were constructed using a variety of shoring systems from secant piles to soil nails.
Juanita Pump Station, Kirkland, Washington. Designed groundwater control systems for a
variety of deep structures for the Juanita Pump Station. These included a deep pressure reduction
system for the 80-foot-deep shaft, a shallow recharge system, jacking shaft, and TBM rescue
systems.
Elliot Way CSO Project, Seattle, Washington. Designed groundwater control systems for j acking
and receiving shafts and a TBM rescue shaft adjacent to Lake Union.
Brightwater Tunnel Safehaven Designs, Bothell, Washington. Designed four safehavens for
slurry tunnel machines that were as great as 300 feet deep. Safehavens were necessary for
inspection and repair of premature wearing of the tunnel boring machines.
Alaskan Way Tunnel project, Seattle, Washington. Dewatering designer for all deep excavations
for the world's largest soft ground tunnel bore located in Seattle Washington. Prepared
dewatering design for all surface works excavations, tunnel launch and receiving pits and roadway
approaches. Performed extensive testing and remedial dewatering design for construction of the
rescue shaft.
Alaskan Way Electrical Utility Line Relocation Projects, Seattle, Washington. Performed the
dewatering designs for all four electrical relocation projects that moved high power transmission
lines from beneath the historic Alaskan Way Viaduct to below grade. The projects required
minimization and careful dewatering to avoid ground surface settlements and damage to existing
utilities and structures. Groundwater recharge was also performed.
Sound Transit NI25 Tunnel Project, Seattle, Washington. Provided dewatering designs for 17
cross passages, two major stations, and two portals for the twin tunneling project between the
University of Washington and Northgate in Seattle.
Boeing Site Improvements, Renton, Washington. Over the past 20 years have provided the
majority of dewatering design plans and recommendations at the Boeing Facility in Renton,
Washington.
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West Longview Sewer Diversion Project, Longview, Washington. Responded to a failed
dewatering installation for installation of new sewer in Longview, Washington. The
hydrogeology was re -assessed, and a new dewatering system designed during construction.
Aquifer testing was performed to define the final design.
SR 520 Fish Passage Structures, Bellevue, Washington. Designed groundwater control systems
for seven fish passage structures being installed below the new SR 520 freeway. The dewatering
systems had to consider that the excavations could only be dewatered during weekend closings of
the freeway.
Westside Subway Extension Project, Los Angeles, California. Provided site -wide test and
dewatering designs for four major subway stations. Also provided dewatering designs for cross
passage excavations in alluvial soil and tar -impacted soils.
Regional Connector Subway Project, Los Angeles, California. Provided dewatering designs for
two major subway stations.
Mud Mountain Fish Hatchery Improvements, Buckley, Washington. Responded to artesian
pressure and high permeability soil differing site condition observed during construction of the
fish hatchery improvements on the left bank of the White River. After site testing designed a
dewatering system to provide a dry and stable excavation; the system discharged in excess of
4,000 gpm. Designed a second system for the right bank.
Sound Transit U220 Safehaven and Cross Passage Dewatering Designs, Seattle, Washington.
Prepared dewatering designs for four potential sites where boulders could impede the progress of
tunneling. The design work included evaluation of a complicated hydrogeologic setting combined
with limitations of installing a dewatering system in an urban setting.
Oregon State Capitol Renovations Dewatering Design, Salem, OR. Performed aquifer testing
and dewatering designs for renovations of the Capitol Building. The renovations included
excavating a new deeper floor beneath the majority of the main building, and two new vaults at
the ends of the building.
Weber Metals, Los Angeles, California. Provided emergency response and dewatering design
recommendations for a failing excavation outside of Los Angeles, California. The excavation
was near full depth with sidewall collapse and a heaving base of excavation. Provided alternative
groundwater control for successful site dewatering and excavation
El Dorado Dam Modifications, Pollack Pines, California. Provided site -wide testing and
dewatering designs for excavation at the toe of the dam for stability improvements. The
dewatering system used an innovative well design and layout to control deep groundwater
pressures in both soil and bedrock underlying the earthen dam.
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NEBT Tunnel Construction, Washington, DC. Provided dewatering designs for tunnel shafts
and surface structures along the tunnel alignments.
Clear Branch Dam Improvements, Parkdale, Oregon. Provided site testing and dewatering
design to the Clear Branch dam on the flanks of Mt. Hood, Oregon. The earthen dam had a history
of seepage and improvements were necessary for one of the spillways. The work involved
characterization of seepage pathways and processes and formulation of remedial measures.
Sound Transit U230 Cross Passage Dewatering Design, Seattle, Washington. Performed
aquifer testing and design for two cross passages in tight but leaky soils for the U230 twin tunnel
project between Capitol Hill and Downtown Seattle.
Sound Transit U230 Cross Passage Dewatering Design, Seattle, Washington. Performed
aquifer testing and provided dewatering design recommendations for a cross passage that mining
determined was at risk for SEM excavation.
Construction Dewatering, Boeing Storm Drainage Improvement Facility, Algona, WA.
Designed a groundwater withdrawal and injection system for construction dewatering of a
Boeing storm drainage improvement facility. A dewatering system was necessary because of
high water table conditions near a fish -bearing stream in a very high permeability aquifer.
North Creek Sewer Improvements, Mill Creek, Washington. Provided dewatering designs
for open cut, excavation, tunnel shafts, and open -face tunneling alignments for a series of
sewer improvements in Mill Creek. The alignments ran through very complicated geology
consisting of a highly pervious shallow aquifer and a deep confined aquifer with heads over
20 feet above ground surface. The alignments went through both aquifers. This was one of
the largest and most complicated dewatering systems constructed in Washington State.
Dewatering System Design for Sewage Treatment Plant Construction, Roi Numar-
Kwajalein Atoll, Republic of the Marshall Islands. Provided dewatering system design for
construction of a sewage treatment plant. The project included a hydrogeologic
characterization of the coral and limestone aquifers underlying the sites. Because of
environmental limitations placed on discharging the system effluent to the ocean, known karst
areas were utilized for recharge of dewatering system effluent.
Groundwater Evaluations
Lake Retreat Camp and Conference Center, Ravensdale, Washington
The Lake Retreat Camp and Conference center has a long history of operating on a marginal
groundwater supply system. A regional characterization was performed to identify a new supply
source. Two wells were drilled; each well produces usable quantities of groundwater.
Yodelin Water System Improvements, Stevens Pass, Washington
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The Yodelin water system serves about 70 lots just east of Stevens Pass. Bender Consulting was
engaged to find a reliable supply that would meet Department of Health's requirements. We
performed a geologic and geophysical reconnaissance of the area. A water supply well was then
drilled and installed.
Morningtide Water Right Application, Jefferson County, Washington
A golf course on Marrowstone Island required a water right for irrigation. The golf course
collects shallow groundwater interflow in a series of ponds, and uses the water for irrigation.
The water right analysis considered a number of attributes of the sea level aquifer, which
typically lies about 100 feet below ground surface. The groundwater analysis consisted of
performing water balance calculations. Ecology also required us to evaluate wetlands and
fisheries impacts.
Camp Kalsman Water Supply, Granite Falls, Washington
A national educational and religious group recently purchased a partially developed property for
its children educational retreat program. The previous owners had recently completed a water
right agreement with Ecology. The difficulty with the area delineated for supply was that there
were significant wetlands, low -permeability sediments, and bedrock flutes which changed rapidly
in elevation from above ground surface to 50 feet or more below ground surface within a matter
of feet. Two wells were drilled which supply about twice the camp's needs.
Thermal Injection Well Field Design and Monitoring, Caribbean Utilities Company, Grand
Cayman Island, BWI. Performed site drilling and testing for development of a hot water disposal
well field for the Caribbean Utilities Company on Grand Cayman Island. The injection well field
was a new, innovative method for disposal of water used to cool the diesel engines used for power
generation. The design model, written for this project, is the first of its kind for evaluation of
thermal decay in a transient groundwater flow system. The system was presented to and accepted
by the government. The system was placed in operation in 2000.
Regional Groundwater Supply Investigation for Conifer Ridge, Snoqualmie Valley, WA. The
study identified a deep aquifer that was in hydraulic connection with nearby surface water bodies.
Based on development of a conceptual groundwater flow system and subsequent parametric
analyses, one of the first mitigated groundwater right permits in Washington since 1996 was
obtained for the water supply. This innovative mitigation plan was fully endorsed by the Tulalip
Tribes and the Washington State Department of Ecology.
City of St. Louis Groundwater Supply Investigation, St. Louis, Missouri. Performed baseline
geologic and hydrogeologic investigations for converting a majority of the city's water supply
source from the Missouri River to groundwater. Identified a potential aquifer for the supply wells.
Testing and aquifer evaluation work identified and designed a well field capable of supplying 70
million gallon per day to the city.
Lone Star Quarry, Jefferson County, WA. Performed a third -party review of the groundwater -
related impacts associated with expansion of Lone Star's Mats Mats quarry in Jefferson County.
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This review, performed for the County, evaluated the potential for water quality and quantity
impacts to residents in the vicinity of the project due to deepening of the quarry.
Aquifer Recharge Model, U.S. Geological Survey, Puyallup, WA. Implemented a groundwater
recharge model in the Lower Puyallup River Basin, Tacoma, Washington. The project
encompassed an area extending 11 miles up the river, from Hylebos Creek to the upland areas of
Tacoma. This model, developed by and run during tenure with the U.S. Geological Survey, was
the first regional recharge model of its kind performed in western Washington. Model
construction and analyses included data acquisition and evaluation for streamflow, land use, soil
type, vegetation, aspect, and weather, as well as conversion of the model from and to temperate
climate -based evapotranspiration subroutines. A technical report was produced on model
application and results.
Roseburg Landfill Expansion, Douglas County, OR. Performed groundwater evaluation and
testing to assist the design team with evaluation of groundwater flow criteria and control options
for a new 20-acre lined landfill expansion. The new landfill involved 500,000 cubic yards of
extraction that intersected these seepage zones; groundwater was a critical issue in protecting the
integrity of the new liner system.
Environmental Impact Statement, Renton, WA. Performed a local and regional hydrologic
evaluation of surface and groundwater conditions and estimated impacts to these systems from a
proposed development near Renton. The work performed within the environmental impact
statement also required estimates of the impacts of the development to water quality and on a
nearby wellhead protection area.
Groundwater and Surface Water Impact Analysis, U.S. Army Dugway Proving Ground, Salt
Lake City, Utah. Proj ect Manager for a study at a maj or government facility for National Pollutant
Discharge Elimination System (NPDES) permitting. The study involved the examination of over
100 facilities to determine their status under NPDES industrial facility criteria. Drainage patterns,
basins, and outfalls were then identified to determine runoff potential from industrial facilities.
Groundwater Supply Investigation, Morton, WA. Performed a groundwater supply investigation
for the City of Morton, Washington. The project was performed to find an alternative municipal
water supply to replace the current surface water supply, which was threatened by debris flows in
an area of concentrated timber harvesting. The final report provided recommendations for three
areas that could potentially provide high yields of good quality groundwater that was not in
hydraulic connection with a surface water body.
Groundwater Supply, Healy, AL. Performed pumping test analysis and provided water supply
well exploration recommendations for a coal-fired electrical generation plant at a remote site in
southern Alaska. The site was located above a highly fractured, steeply dipping, interlayered sand
and siltstone aquifer. Well interference and limited yield made siting future wells particularly
difficult.
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Environmental Impact Statement, Orting, WA. Performed regional and local hydrogeologic
investigation of the impacts of a proposed development near Orting, Washington. The project
also identified potential impacts of groundwater supply to springs with established water rights.
Landslide Stability, Black Diamond, WA. Evaluated the natural groundwater now system and
impacts of storm water runoff on the stability of a historic landslide along the Auburn -Black
Diamond Road in King County. The study compared calculated versus observed impacts of the
surface water input to groundwater levels for a number of storm events.
Wellhead Protection, Upper Skagit Indian Tribe, Sedro-Woolley, WA. Provided a wellhead
protection plan for the Upper Skagit Indian Tribe near Sedro-Woolley, Washington. This plan,
funded by the EPA, was the first of its kind for a Tribe in Washington State, and is to be used by
the EPA as a model for other Tribes in the state.
Wellhead Protection, Town of Beaux Arts, WA. Performed analytical modeling to determine the
size and boundaries of a wellhead protection area for the Town of Beaux Arts Village, Washington.
The study was two phased; it first delineated critical aquifer recharge areas for the Growth
Management Act requirements and then utilized this information for a wellhead protection area
delineation.
Regional Wellhead Protection, Benton and Franklin Counties, WA. Performed a regional
Wellhead Protection Plan for the Benton/Franklin Regional Council. The plan provided wellhead
protection area delineations for six cities with wells completed in shallow alluvial and deep basalt
aquifer systems. This study provided Combined Management Areas for protecting the water
supplies. A potential contaminant survey was performed. Contingency plans and detailed
planning measures were provided for protection of the supply.
Wellhead Protection, Puyallup, WA. Provided wellhead protection area delineations for six wells
and two major springs of the City of Puyallup's water supply sources. The project included
construction of a complex hydrogeologic conceptual model involving four major aquifers.
Analytical modeling was performed to delineate the protection areas.
Regional Wellhead Protection, Upper Yakima Valley, WA. Provided Wellhead Protection Areas
for eight municipal water purveyors in the Upper Yakima Valley Regional Wellhead Protection
Plan. The delineated areas were calculated using a modified analytical delineation technique
prepared for the project. These were prepared for wells which collect groundwater in a complex
bedrock and older alluvial aquifer system.
Water Rights
Expert Witness Support and Testimony, Undisclosed Federal Case, WA. Provided expert
analyses for a Federal lawsuit in Washington State. Water use, saltwater intrusion, and changes
in area recharge characteristics due to development are key components of the case.
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Water Supply and Water Right Testimony, Conifer Ridge Golf Course, Washington. Testified
in front of the Washington State Pollution Control Hearings Board regarding groundwater
withdrawals for irrigation of Conifer Ridge Golf Course. The testimony was key evidence for
initiating a settlement originated by Bender Consulting involving surface water mitigation. This
was one of the first mitigated groundwater right permits in Washington State since the 1996 batch
water right denial and was fully supported by the Tulalip Tribes and the Washington State
Department of Ecology.
Groundwater Right Purchase, Maple Valley, WA. The water supply system was considered an
emergency health issue by Ecology and Health. A water right holder investigation was performed
to identify target water rights that had not been perfected. We then approached a number of water
right owners and assisted in the negotiations with the final seller.
Groundwater Right Purchase, Graham, WA. Contacted water right holders in the greater
Graham area for water right purchase to support a development expansion. Water right holders
that met the transfer criteria are were approached for purchase. Ecology was active in the process
and is providing guidelines and assistance in the project.
Steamboat Island Road Water System Design and Consolidation Project, Thurston County, WA.
Project Hydrogeologist for the Steamboat Island Road Water System Design and Consolidation
proj ect. This project, performed for Thurston County Department of Water and Waste
Management, required an evaluation of eight separate, usually smaller water systems that were to
be consolidated into one system. Water rights were evaluated for inchoate rights, water right
transfers, and consolidation issues.
Postema Groundwater Appeal, Snohomish County, WA. The Postema case was one of the first
hydraulic continuity water right cases to go in front of the Pollution Control Hearings Board since
the 1996 batch processing by Ecology. Performed a review of the aquifer system the wells were
completed in and evaluated the hydraulic connection with nearby surface water bodies. Proposed
a mitigation method to supplement surface water resources for certification of the water right.
Expert Witness Dispute Resolution
Expert Witness Testimony for Tunnel Collapse. Provided expert witness testimony for a $56
million construction claim for collapse of a 30-foot-diameter tunnel constructed in Milwaukee,
Wisconsin. The testimony included a review of the geologic and hydrogeologic testing and
analyses performed, identifying the standard of practice for groundwater testing and analyses
during the mid-1980s, and evaluating whether the designer's work conformed to that standard.
Expert Witness Support and Testimony, Water Rights, Undisclosed Federal Case, WA. Provided
expert analyses and testimony for a Federal lawsuit in Washington State. Water use, saltwater
intrusion, and changes in area -wide recharge characteristics due to development were key
components of the case.
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Expert Witness Testimony for Oxnard WWTP, Oxnard, California. Provided expert testimony
for a construction claim for dewatering of the improvements to the Oxnard Wastewater Treatment
Plant.
Dispute Resolution, Highway 55162 Interchange Design, Minneapolis, Minnesota. The design
for a new interchange in Minneapolis called for temporary and permanent groundwater control.
The local water district filed suit to prevent the dewatering on the grounds that it would interrupt
the flow from a spring that had historical significance. We provided a third -party review under
court order to address the groundwater flow system and the potential impacts the interchange
design would have on the flow system.
Arbitrator, Coweeman Pump Station, Kelso, Washington. Arbitrated a dispute over a
dewatering-related claim raised during the construction of the Coweeman Pump Station. The
dispute was over the percentage of fines below subgrade and their effects on soil permeability.
Our decision was binding and presented to both parties for settlement of the case.
Expert Witness Testimony for Box Culvert Failure, St Louis, Missouri. Provided expert witness
testimony for a construction claim for related to the settlement and related damages of a 1,700
long box culvert. An opinion was provided regarding the suitability of the design relative to
ground conditions, and the suit was settled based largely on our testimony.
Expert Witness Testimony for Box Culvert Construction, Flynt, Michigan. Provided expert
witness support and testimony for a construction claim for related to dewatering for a box culvert
excavation up to 35 feet deep. An opinion was provided regarding the suitability of the design
relative to ground conditions and that dewatering according to the specification was unachievable.
Expert Witness Support, Interurban Pump Station, Seattle, Washington. Provided expert
witness support on behalf of Safeco Insurance for dewatering-related impacts. The fact finding
led to a quick resolution and settling of the case.
Expert Witness Support, Webb Case, Riverside, California. Provided expert witness support on
inability to dewater tunnel shafts on a river crossing project in Riverside, California.
Expert Witness Support, Sound Transit M200, Bellevue, Washington. Provided expert witness
support regarding excavation and dewatering for the Maintenance Facility.
Expert Witness Support, Issaquah Fish Hatchery, Issaquah, Washington. Provided expert
witness support regarding a failed dewatering system during construction of the Issaquah Fish
Hatchery Improvements. The testimony was decisive during project mitigation.
Landslide Cause and Effect, City of Seattle, Seattle, WA. Provided expert witness support on
behalf of the City of Seattle for causation of a variety of landslides that impacted residences. Such
slides included two cases on Perkins Lane, S.W. Massachusetts Street, Dayton Street, and two
cases on Alki Point. Most cases included the evaluation of the source of water, both natural and
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man-made. Significant work was performed addressing changes in vegetation and land use on
aquifer recharge. All cases were ruled in favor of the City.
Expert Support for Tunnel Shaft Differing Site Condition, Bismarck, North Dakota. Provided
expert witness support and testimony for a tunnel shaft that was intended to be excavated in
bedrock; the ground conditions were actually highly pervious outwash soils.
Water Supply, Water Rights, and Testimony, Lake Cassidy Gott* Course, Snohomish County,
WA. Performed a regional hydrogeologic investigation for the installation of a water supply well
field for irrigation of a 36-hole golf course near Lake Cassidy, Washington. A 500 gpm well was
installed in an area traditionally known to have limited well yields. Water rights and potential
impacts had been an important issue to the surrounding community. Testimony was provided
before the County commissioner regarding potential impacts to neighboring wells.
Dispute Resolution, Canal Leakage, Royal City, WA. Performed groundwater modeling to
determine a groundwater mass balance for canal leakage near Royal City. The claim in the dispute
was that canal leakage flooded and ultimately damage orchards in the vicinity of the irrigation
supply canals. This study utilized monthly water level measurements, canal levels and flow rates,
and weather data to determine the quantity of groundwater due to leakage from the canal.
EDUCATION
M.S., Geology, University of Idaho, 1991
B.S., Geology, University of Washington, 1987
REGISTRATIONS
Certified Groundwater Professional: NGWA (518)
Licensed Hydrogeologist: Washington (874)
Licensed Geologist: Washington (874)
Licensed Engineering Geologist: Washington (874)
Registered Professional Geologist: Oregon (G1642)
Professional Geologist: California (GEO 9503)
PROFESSIONAL ASSOCIATIONS
National Groundwater Association
Washington Hydrologic Society
Bender Consulting, LLC Page 13
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