HomeMy WebLinkAboutBerk Consulting Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners (BoCC)
Mark McCauley, County Administrator
FROM: Josh D. Peters, AICP, Community Development Director
DATE: December 18, 2023
RE: Supplemental Agreement 5 to Consultant Contract with BERK
STATEMENT OF ISSUE:
Jefferson County is in the final stages of two related projects: (1) complete periodic review of our
Shoreline Master Program (SMP), as required by the Shoreline Management Act (SMA) statute
and administrative rules; and (2) complete the Shoreline User Guide (SUG) project associated
with the SMP Update.
DCD now proposes a fifth (and final) supplemental agreement to our existing contract with
BERK Consulting, Inc. (BERK) in order to complete the two projects listed above, as well as
receive staff training to implement the updated SMP and associated components of the Critical
Areas Ordinance (CAO) adopted in 2019 with assistance from BERK. See the updated scope,
schedule, and budget dated 12/7/2023 (attached). The net effect of the proposed supplemental
agreement is to:
• Enable completion/delivery of the SMP Update, the SUG, and SMP/CAO training after
December 21, 2023. Supplements remaining budget of$18,990 by $6,750.
ANALYSIS:
In April 2023, the Board approved supplemental agreements to this contract with BERK for
services related to SMP Periodic Review. The process is nearing completion, yet will extend into
2024. Remaining work includes Board adoption of SMP amendments, corresponding completion
of analysis for assembly of a submittal package for the Department of Ecology, completion of the
SUG based on SMP amendments approved by Ecology, and associated SMP and CAO training.
DCD has appreciated working with BERK and their subconsultant, Shannon & Wilson, on this
project. Staff believes it is in the county's interest to extend this contact for time and a modest
budget increase. Most likely the work will be completed prior to mid-year 2024; however, staff
believes it would be better to extend a full six months in case the process, which includes
Ecology review, takes longer than anticipated.
1
Consent Agenda
ATTACHMENTS:
• Contract Review Form for supplemental agreements #5
• Supplemental agreements 5 to existing BERK contract, including:
o updated BERK scope, schedule, and budget (dated December 7, 2023)
o existing BERK contract with supplemental agreements 1 through 4
FISCAL IMPACT:
The proposed supplemental agreement would add $6,750 to the existing contract, as previously
modified by supplemental agreements. DCD has budget to pay for these vital services.
RECOMMENDATION:
Execute the fifth supplemental agreement with BERK in order to maintain consultant services
through the final stages of the SMP periodic review, SUG completion, and associated staff
training.
REVIEWED BV:
Mark McC y, County Administrat Date
2
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: BERK Consulting Inc. Contract No: SMP eERK supplemental 5
Contract For: Periodic Review of Shoreline Master Program Supplemental#5 Term: 01/01/2024-06/30/2024
COUNTY DEPARTMENT: Community Development
Contact Person: Chelsea Pronovost
Contact Phone: X494
Contact email: CPronovost@w.jefferson.wa.gov
AMOUNT: $6,750 PROCESS: Exempt from Bid Process
Revenue: $o Cooperative Purchase
Expenditure: $25,740(including remaining budget) Competitive Sealed Bid
Matching Funds Required: $o Small Works Roster
Sources(s) of Matching Funds N/A Vendor List Bid
Fund# 143 RFP or RFQ
Munis Org/Obj 14355870 -410421 Other:
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A: 12/08/2023
Signature Date
STEP 2: DEPARTMENT CERTIFIES THE PERSON PROPOSED FOR CONTRACTING WITH THE
COUNTY (CONTRACTOR) HAS NOT BEEN DEBARRED BY ANY FEDERAL, STATE, OR LOCAL
AGENCY. ,
CERTIFIED: F N/A: 12/08/2023
Signature Date
STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserriche):
Electronically approved by Risk Management on 12/13/2023.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserfiche):
Electronically approved as to form by PAO on 12/14/2023.
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
1
Organization and Address
Supplemental Agreement
Number 5 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review 5144,331 518,990 $6,750
Description
Supplement No.5 to Professional Services Agreement for Shoreline Master Program (SMP) Periodic Review.
Extend work schedule an additional six months and add $6,750 of consultant services for SMP update
completion, Shoreline User Guide(SUG)completion, and staff training performed after 12/3 1/23. See attached
BERK Scope, Schedule, Budget dated 12/7/23.
Note: Original Contract Not to Exceed amount above includes Supplements No. 1, 2, 3, and 4.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants, Inc. and executed on September 11, 2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract, dated September 11,2020, remain in effect
except as expressly modified by previous supplements and this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scone of Services, is hereby changed to add the following:
Pursuant to Supplemental Agreement No. 5,Consultant agrees to perform the following services
identified in BERK Scope, Schedule, Budget dated 12/7/23 attached hereto including the provision of all
labor: remaining components of Tasks 6 through 9.
II
Section 3. Time for Performance, is hereby changed to add the following:
Work authorized through Supplemental Agreement No. 5 shall be performed by consultant through
completion of Scope of Services or by 6/30/2024, whichever comes first.
III
Section 4. Payment, is hereby changed to read at Section 4.a.as follows:
Page 1 of 2
Payment for the work provided by Consultant as authorized through Supplemental Agreement No. 5 shall
be made per Section 2 Scope of Services,provided that the total amount of payment to Consultant for
work as authorized through Supplemental Agreement No. 5 shall not exceed $25,740 without the express
written modification of the agreement signed by the County.
V
BERK Scope, Schedule, Budget dated 12/7/23 is hereby added to the Contract as an Exhibit.
Signatures indicate agreement to the changes as stated in this Supplement#5 to the Professional Services
Agreement for Shoreline Master Program Periodic Review.
DATED this day of , 2023.
BERK Consultants, Inc. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
Consultant's Signature Greg Brotherton,Chair
Date Kate Dean, Member
Heidi Eisenhour, Member
Approved as to form only this
/day of , 2023.
V• ` December 13,2023
Philip Hunsucker, Deputy Prosecuting Attorney
Josh D. Peters, AICP, Director Date
Department of Community Development
Page 2 of 2
December 7, 2023
Jefferson County Shoreline Master Program
Periodic Update
Scope Amendment — Final Legislative Effort
The Shoreline Master Program Periodic Update requires additional effort to complete the process
beyond amendments 2 through 4 executed in April 2023 as follows:
• Task 6: Based on the extended Planning Commission review and pending Board of County
Commissioners review, the Consultant will prepare the final Shoreline Master Program amendment
package per WAC 173-26-100. This includes:
Preparing a Revised/Modified determination of non-significance (DNS) per WAC 1 97-1 1 -
340(2)(f).
Completing the Cumulative Impacts Analysis with final code options.
Amending the prior draft Ecology Submittal forms (Final Checklists, Comment Response Matrix,
Other) with final SMP changes.
• Task 7: The original scope identified 6 legislative meetings, which have already been held as of
November 2023. Three (3) additional virtual Board of County Commissioner Meetings are added.
■ Task 8: The Consultant will prepare a final Shoreline Users Guide edits and graphics for County
review, including adding a conceptual example planting plan. One round of staff review is assumed.
• Task 9: Critical Areas Support. This task has not been completed and most effort remains as of
November 2023. Unspent funds would be repurposed towards the above tasks.
Cost Estimate
Based on the scope amendments above, and the remaining budget balance, a cost estimate is presented
below. A budget amendment of $6,750 is requested.
:III
December 7, 2023
Jefferson County SMP Budget Status and Amendment Needed Effort Amendment
Remaining Effort Beyond
Tasks Spent To Date Budget Balance BERK SW Total Balance
1 Kick off and Coordination $2,431.50 $1,760.00 -$671.50
2 Public Participation $14,285.00 $14,820.00 $535.00
3 Review SMP and Draft Revisions $18,742.70 $17,160.00 -$1,582.70
4 Final Draft SMP and Adoption Process $6,248.00 $6,000.00 4248.00
5 Supplemental Meeting/Adoption Support $12,744.00 $19,800.00 $2,368.00
5 Credit to County Share-Move to Task 7 -$4,688.00
6 Ecology Initial Determinations Review $31,493.75 $34,750.00 $3,256.25 $4,760 $4,030.00 $8,790.00 $5,533.75
7 SMP Final Legislative Prooess $25,286.50 $28,070.00 $2,783.50 $3,900 $2,700.00 $6,600.00 $3,816.50
8 Shoreline Users Guide Manual $16,660.00 $17,720.00 $1,060.00 $3,440 $1,800.00 $5,240.00 $4,180.00
9 Critical Areas Ordinance Implementation Support $1,552.50 $7,600.00 $6,047.50 $0 -$6,047.50
Expenses $376.95 $1,339.00 $962.05 $200.00 -$762.05
Credit
Total $129,820.90 $144,331.00 $14,510.10 $12,300.00 $8,530.00 $20,830.00 $6,720.70
"Through 1 1/26/23(incurred but pending billing on Oct/Nov)
Amendment Request $6,750.00
all — - --- �2
PROFESSIONAL SERVICES AGREEMENT FOR
Shoreline:Master Program Periodic Review
THIS AGREEMENT is entered into between the County of Jefferson, a municipal corporation.
(the County),and BERK Consulting,Inc.(the Consultant), in consideration of the mutual benefits.
terms, and conditions hereinafter specified.
I lort�e�t Desibnation. J'he Consultant is retained by the County to assist with completion
of the Jefferson County Shoreline Master Program (SMP) Update. in association with
Department ot'Ecology Agreement No. SEASv1P-1921-1C'DCD-00032.
2. 5iz%x* of Services. The Consultant agrees to perform the services, identified on Exhibit
"A"(proposal)attached hereto, including the provision ofall labor.
Time for Performance. Work under this contract shall commence beginning August 10.
2020. to be completed by June 30, 2021.
4. flavmcnt. The Consultant shall be paid by the County for completed work and for services
rendered under this agreement as Follows:
a. Payment for the work provided by The Consultant shall be made as provided on
Exhibit"A", provided that the total amount of payment to the Consultant shall not
exceed $40,00() without express written modification of the agreement signed by
the County.
b. The Consultant may submit invoices to the County once per month during the
progress of the work for partial payment for project completed to date, up to SM",
of total project costs. Such vouchers will be checked by the County, and upon
approval thereof, payment will be made to the Consultant in the amount approved.
C. Final payment of any balance due the Consultant of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work under this agreement and its acceptance by the County.
d. Payment as provided in this section shall be full compensation for work performed.
services rendered and for all materials, supplies, equipment and incidentals
necessary to complete the work.
e. "I he Consultant's records and accounts pertaining to this agreement are to be kept
available for inspection by representatives of the County and state for ,t period of
three 0) years after final payments. Copies shall be made available upon request.
�. Owno:rs-)v a l Use ill' Documents. All documents, drawing:. specifications and Daher
materials produced by the Consultant in connection with the services rendered under this
agreement shall be the property of the County whether the project for which they are made
is executed or not. 'Me Consultant shall he permitted to retain copies. including
reproducible copies. of drawings and specifications for information. reference and use in
connection with the Consultant's endeavors.
n. C'omhhance with laws. The Consultant shall, in performing the services contemplated by
this agreement, faithfully observe and comply with all federal, state, and local laws,
ordinances and regulations,applicable to the services to be rendered under this agreement.
indemnification. The Consultant 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 atiorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Consultant's own employees.or damage
to property, occasioned by a negligent act, omission or failure of the Consultant. The
Consultant shall be liable only to the extent of the Consultant's proportional negligence.
The Consultant specifically assumes potential liability for actions brought against the
County by The Consultant's employees, including all other persons engaged in the
performance ofany work or service required of the Consultant under this Agreement and.
solely for the purpose of this indemnification and defense, the Consultant specifically
waives any immunity under the state industrial insurance law, Title 51 R.0 W. The
Consultant recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.t 15 and was subject of mutual negotiation.
8. Insurance.
I he Consultant shall obtain and keel, in tbrce during the terms of the Agreement, polices
of insurance as follows.
If and only if the Consultant employs any person(s) in the status ofemployee or employees
separate from or in addition to any equity owners, sole proprietor, partners, owners or
shareholders of the Consultant, Worker Is Compensation insurance in an amount or
a►nounts that are not less than the required statutory minimum(s)as established by the State
of Washington or the state or province where the Consultant is located.
Commercial Automobile I.iabilit5 Insurance providing bodily injury and property damage
liabilitN coverage for all owned and non-owned vehicles assigned to or used in the
performance of the work for a combined single Lmit of not less than $500,000 each
occurrence with the COI �N IN named as an additional insured in connection v<ith the
C'O\SLII.TANT'S performance of the contract.
(icneral Commercial I.1abillty Insurance in an amount not less than a single limit of one
million dollars(S 1.000,000)per occurrence and an aggregate of not less than two 12) times
the occurrence amount (52,000,000.00 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 l011(1%sing minimum coverage'.
a Broad Form Property Damage, with no employee exclusion;
b Personal Injury I [ability, including extended bodily injury;
C()\tit t I AN I ORF lAll-N l
!,1-' : I
c Broad Form Contractual Commercial Liability including completed operations:
d Premises - Operations Liability(M&C).
c. Independent Contractors and subcontractors;
t. Blanket Contractual Liability.
The County shall be named as an additional insured party under this policy.
Such insurance coverage shall be evidenced by one of the following methods:
* Certificate of Insurance:
* Self-insurance through an irrevocable Letter of Credit from a qualified financial
institution.
Certificates of coverage as required by this section ;hall he delivered to the County within
fifteen(1 i)days of execution of this agreement.
Any deductibles or self-insured retention shall be declared to and approved by the County
prior to the approval of the contract by the County. At the option of the County.the insurer
shall reduce or eliminate deductibles or self-insured retention or the Consultant shall
procure a bond guaranteeing payment of losses and related investigations. claim
administration and defense expenses.
The Consultant shall include all subcontractors as insured under its insurance policies or
shall furnish separate certificates and endorsements for each subcontractor. All insurance
provisions for subcontractors shall be subject to all of the requirements stated herein.
Failure of the Consultant to take out and-or maintain any required insurance shall not
relieve The Consultant from any liability under the Agreement, nor shall the insurance
requirements be construed to conflict with or otherwise limit the obligations concerning
indemni tication.
It is agreed by the parties that insurers shall have no right of recovery or subrogation against
the County (including its employees and other agents and asencica), it being the intention
ofthe parties that the insurance policies so affected shall protect both parties and be primary
coverage liar any and all losses covered by the above described insurance. It is further
agreed by the parties that insurance companies issuing the policy or policies shall have no
recourse against the County (including its employees and other agents and agencies) for
payment of any premiums or for assessments under any form of policy. It is further agreed
by the parties that any and all deductibles in the above described insurance policies shall
be assumed by and be at the sole risk of the Consultant.
It is agreed by the parties that judgments for which the County may be liable, in excess of
insured attiounts provided herein, or any portion thereof. mat be withheld from payment
due, or to &-come clue. to the Consultant until such time as the Consultant shall furnish
CO'`surrAN I AGREENIE sit
additional security covering such judgment as may he determined by the County.
The County reserves the right to request additional insurance on an individual basis for
extra hazardous contracts and specific service agreements.
Any coverage for third party liability claims provided to the County by a "Risk Pool"
created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of
insurance the Consultant must provide in order to comply with this Agreement.
If the proof of insurance or certificate indicating the County is an "additional insured"to a
policy obtained by the Consultant refers to an endorsement(by number or names but does
not provide the full text of that endorsement,then it shall be the obligation of the Consultant
to obtain the full text of that endorsement and forward that full text to the County.
'fhe County may, upon the Consultant's failure to comply with all provisions of this
contract relating to insurance,withhold payment or compensation that would otherwise be
due to the Consultant.
9. Worker's Com�cnsationllndustrial Insurance),
a. if and only if the Consultant employs any person(s) in the status of employee or
employees separate from or in addition to any equity owners, sole proprietor.
partners, owners or shareholders of the Consultant, the Consultant shall maintain
workers' compensation insurance at its own expense,as required by Title 51 RCU',
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 o%.kn
worker's compensation and employer's liability insurance.
d. The Consultant 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 applicablee in the case of such claim
C. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall he recoverable Isom the Consultant.
10. Independent Contractor. The Consultant and the County agree that the Consultant is an
independent contractor with respect to the services provided pursuant to tl►i. agreement.
Nothing in this agreement shall be considered to create the relationship of cmpIover and
employee between the parties hereto. Neither the Consultant nor any employee of the
Consultant shall be entitled to any benefits accorded County employees by virtue of the
services provided under this agreement. The County shall not be responsible t'or
CONSVI.IANT A6KEEMEN
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 Consultant,or any employee of the Consultant.
11. Subcontracting_Rcuuircments.
a. The Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant's performance required
by this Agreement.
12. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bonafidc employee working solely for the
Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person,other than a bonalide employee working solely for the Consultant,any
fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent
upon or resulting from the award or making of this contract. For breach or violation of this
warranty, the County shall have the right to annul this contract without liability or, in its
discretion to deduct from the contract price or consideration,or otherwise recover, the full
amount of such fee, commission, percentage. brokerage fee, gift, or contingent fee.
13 1)iscr'ni'mition Prohibited. The Consultant,with regard to the work performed by it under
this agreement,will not discriminate on the grounds of race,color,national origin.religion,
creed, age, sex or the presence of any physical or sensory handicap in the selection and
retention of employees or procurement of materials or supplies.
14 No Assignnt!Znt. The Consultant shall not sublet or assign any of the services covered by
this agreement without the express written consent of the County.
1 Von-Waivcr. Waiver by the County of any provision of this agreement or am time
limitation provided for in this agreement shall not constitute a waiver of am. other
provision.
'I ennination.
a. I'he Courts reseraes the right to terminate this .tkrccmem at am time b% giving ten
('t t�Sl►1.1:1V 1 :�tilthF�1F\ I'
t i0)days written notice to the Consultant.
b. In the event of the death of a member, partner or officer of the Consultant, or any
of its supervisory personnel assigned to the project, the surviving members of the
Consultant hereby agree to complete the work under the terns of this agreement, if
requested to do so by the County. This section shall not be a bar to renegotiations
of this agreement between surviving members of the Consultant and the County, if
the County so chooses.
I7. Notices.
Notices to the County of 1etTcrson shall be sent to the following address:
Jefferson County Department of Community Development
62 1 Sheridan Street
Port Townsend, WA 98368
Notices to Consultant shall be sent to the following address:
BERK Consulting, Inc.
2200 Sixth Avenue, Suite 1000
Seattle. WA 98121
18. Integrated Agreement. This Agreement together with attachments or addenda, represents
the entire and integrated agreement between the County and the Consultant and supersedes all
prior negotiations,representations,or agreements written or oral. This agreement may be amended
only by written instrument signed by both County and the Consultant.
19. n_todification of this Agreement. Phis Agreement may he amended only by written
instrument signed by both County and the Consultant.
20. Dislrute . 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 he final,but shall be subject to judicial rep.few.
if either party deem it necessary to institute legal action or proceeding to enforce any right
or obligation under this Agreement,each party in such action shall bear the cost cif 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 panics have the right of appeal
from such decisions of the Superior Court in accurdance with the law,; of the State (it'
Washington. The Consultant hereby consents to the personal jurisdiction of the SuperiOr
Court of the State of Washington for Jefferson County.
C(1NS[UrANT AGRl:1:N1ENT
21, Section I Icadin�c. 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.
22. Limits of Any Waivcr 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
ofany other, different, or subsequent breach by either party.
23. No Ural Waiver. No terns 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.
24. 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 application this Agreement shall not be affected and
shall be enforceable to the fullest extent permitted by law.
�2 . Binding on Successors Ileirs and Assigns, This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs. and assigns.
'G. No A si gnu mcnt. The Consultant shall not sell,assign,or transfer any of rights obtained by
this Agreement without the express written consent of the County.
27 No Chin �rjy_f ene(iciaries. "the parties do not intend, and nothing in this Agreement
shall he construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
28. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shal I ha%c the same force and effect as
if all the parties had signed the original.
Zy. Facsimile and Electronic Signature~ The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
Arms.l.en gtl�,i Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
31. i'ublic Records Act. Notwithstanding any provisions of this Agreement to the contrary,to
the extent any record. including any electronic,audio. paper or other media. is required to
he kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW (as maN he amended), the Consultant agrees to maintain all
records constituting public records and to produce or assist the County in producing such
records, %%ithin the time frames and parameters set forth in state Ljw. "the Consultant
further agrees that upon receipt of any written public record request, the Consultant shalt.
CONSULTAN1 A iKhI•:KlHN I
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
(SIGNATURES FOLLOW ON NEXT PAGE)
CONSI;IJA T AGRFl--' ENT
0AIFI) this _ day of �''���'- � _ _, 20 7c,
JEFFERSON COUNTY
BOARDO1 COMMISSIONURS
BERK Consulting, Inc.
Name of Consultant Greg Brothem)n,Chair
Lisa Grueter r-�)
l onsultant's Representative (Pleave print) Kato Dean, Member
�.SrXnutur� David Sullivan.Member
Principal
title
09/11/2020
I�atc
Approved as to form onlyWOWI A)
Date
CONSI►E.I ANI AGRE'EkIFNI
Chief Civil Deputy Prosecuting Attorney
Linda Paral�/, Acting(wirector Date
Department of Community Development
CONSt A TANT AORI-F%WN 1
A g,,o 4, 2020
EXHIBIT A
Project Understanding
Jefferson County completed a Shoreline Master Program (SMP) Update in 2013.With multiple years' experience
implementing the policies and regulations, Jefferson County is now embarking on the state required periodic
review. The SMP will address recent amendments to the SMA and Ecology rules,ensure consistency with the
comprehenslve plan and development regulations, and address changed circumstances,new information,and
improved data. As a key local Initlative,the SMP periodic review will address Jefferson County's Regulatory
Reform Program in Resolution 17-19 meant to evaluate development regulations like the SMP in order to reduce
unnecessary complexity, inconsistencies, and unpredictable permitting paths,while continuing to protect public
health and the environment. A task force will be established as a sounding board to help vet and advance the
periodic review. Task force members are likely to indude state resource agencies,tribes,ports, environmental and
recreation interests,and citizens from different county regions. The SMP will also undergo legislative review with
the Planning Commission and Board of County Commissioners.
BERK Consulting,Inc. will serve as prime and support Jefferson County with the periodic review requirements and
public engagement. Shannon& Wilson will provide advice on elements of the periodic review related to biology
and aquatic elements. Collectively the team Is called the Consultant in the scope below.
Project Approach
Consistent with the Request for Proposal and the Washington Depoomem of Ecology Shoreline Master Programs
Periodic Review Scope of Work, proposed tasks incude:
1, Kick off and Coordination
2. Public Participation
3. Review SMP and Draft Revisions
4. Final Draft SMP and Adoption Process
Each task is described below.
Assumption: Start date is August 10, 2020.
Task 1 . Kick off and Coordination
As port of controct scoping the Consultant will confirm project goals,public participation objectives, task force
formation and schedule, progress in the SMP gap analysis, and potential topics for County-Consultant coordination.
A formal kick off of the project will include a public open house sponsored by the Planning Commission held
virtually by Teams or Zoom or a similar platform. See Task 2.
On an on-going basis, the Consultant will coordinate regularly with County staff and set up regular points of
contact such as a bi-weekly call. The Consultant will design regular monthly progress reports to support County
staff preparation of Ecology progress reports.
Task 2. Public Participation
Public engagement in the review of the SMP Is a key component of a successful process. WAC 173-26-090
requires both public engagement and the issuance of a Public Participation Plan. County staff will prepare the
plan, and the Consultant will peer review it.
As part of the initial phase of the SMP Periodic review the Consultant will peer review the County's draft public
survey and offer advice on the survey questions. The Consultant will help plan and facilitate a public open house
sponsored by the Planning Commission,held virtually by Zoom, Teams, or a similar platform. The Consultant will
develop a story map or equivalent online mop and Information supporting the Open House.
The Consultant will also support County staff and a Task Force charged with developing a scoping document that
meets periodic review requirements and addresses lessons learned in permit reviews and address regulatory
reform as outlined in Resolution 17-19. The scope and level of effort anticipate 4-6 meetings of a Regulatory
Reform Task Force via a virtual platform such as Teams or Zoom or similar.
The Consultant will support the County's approach to conducting the joint County-Ecology review process as
authorized under WAC 173-26-1 04. This process offers joint review,notice,and comment procedures that can
facilitate the adoption process.
The Consultant will prepare a fact sheet or a flier to support the open house or another engagement effort of the
request of the County.
Task 3. Review Shoreline Master Program and Draft
Revisions
The Consultant will work with County scoff to identify SMP topics that will be shared with and coordinated by
County Staff in response to the County's Periodic Review Checklist evaluation, and to advance the Task Force work
plan. The Consultant will peer review County prepared SMP elements. For topics assigned to the Consultant team,
we can prepare issues and options papers describing any SMP implementation obstacles,example policy and text
options to address the obstacles, and draft text amendments. The issues and options papers can describe case
studies to illustrate different alternative approaches and feasibility. The Consultant will advise County GIS staff on
potential common 'ssues with changes in underlying data used to establish original shoreline jurisdiction, if
applicable,and review County GIS prepared maps as appropriate.
�i11 Au9i 2t-'-% Jefferson County I SMP Periodic Review -- --- -- -- - I 2--
Task 4. Final Draft Shoreline Master Program and
Adoption Process
The Consultant will assist County staff in preparation of a Staff Report and Final Draft SMP and will assist staff in
conducting a public hearing to present the Draft SMP to the Planning Commission. The Consultant will also help
develop a recommendation for adoption by the Board of County Commissioners.
The Consultant will assist in the preparation of SEPA documents/staff reports associated with the updated SMP.
This Includes completion of a SEPA checklist and draft determination for County review. The Consultant will peer
review the County's draft staff report addressing SMP amendment criteria and findings.
Cost Estimate
Based on the scope of work, the cost estimate presents an estimate of time by task.
Us*0rueser Kevin 04ftard Me Teach Aany liner Tool Hows and
1-mo.10-W plo— Anarrd l.olog.v Isslmebd Cass
2020 Newly 1e6e 225 1400 1 20 190 b Task
Tore 1.IOdsoff and Coard aorten 4 4 2
Task 2.Pwbk Partsdpotson 20 26 26 16
Task 3.Review Shorelkr Manes Program and Drah Revhbrn 40 10 4 32
Tosk A.flnol Draft Shorettne Maier Program and Adop on Process 16 4 2 B
SulaMsl s0 40 36 !9 214
$39,740
$0
Teed lssbr.ebd News to 40 36 38 214
Cer(1Nurs'leee) $16.000 WOO $4.3" $11.020 j»,740
Subsesat Conwhns Cess $39,740
Project iayensea of—1%of►roiod ludSW $160
1011m0sed Project Total $39,900
it' A,.yus} 4, 2C2O Jefferson County ! SMP Per;od;c Review _- — - - -- 3
Al (Aim 96-
Organization and Address
Supplemental Agreement
Number E BERK Consultants, Inc.
2200 Sixth Avenue,Suite#1000
Agreement Numhcr Seattle, WA 98121
Project Number Phone
(206)324-8760
Project'ritic Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review S40.000.00 $6.038.45 $19.998.00
ncscription
Supplement No. 1 to Professional Services Agreement for Shoreline Master Program Periodic Review is
appended with"Exhibit B--Shoreline Master Program Supplemental Services"extending work in Task 5
Supplemental Meeting and Adoption Support. Current contract expires June 30, 2021. Exhibit B describes an
extension to the contract term to provide additional staff support until final adoption of the"Locally Approved
SMP"by the Board of County Commissioners,anticipated to occur prior to October 2021; "Exhibit C—Budget
Supplement'to add S20,000 to the original contract amount for a Not To Exceed amount of$60.000 to provide
a greater level of effort for professional sen-ices over a longer review and editing schedule.
The Local Agency of Jefferson Count% desires to supplement the agreement entered into
with BLRK Consultants, Inc. and executed on September 1.112020 and
identified as Agreement No. Prujescionul.4ervices eIgreement for Shoreline Masit�r_Perimlic Review
All provisions in the basic Professional Services Contract,dated September 11,2020, remain in etfect
except as expressly modified by this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to read as Follows:
Consultant agrees to perform the services, identified on Exhibit••E3""Task 5. Supplemental Meeting and
Adoption Support attached hereto, includinb the provision of all labor.
11
Section 3.Time for Performance, is hereby changed to read as follows:
Work under this contract shall commence utxm the giving of written notice by the County it)the
Consultant to proceed. Consultant receipt of Purchase Order shall constitute said notice. -Consultant
sh 11 crform all services and provide all work product required pursuant Exhibit 11 prior to final adoption
ofthe*%p ally Approved Shoreline Master Program.'
Section 4. Pavment, is herchs changed to read at Section 4.2. as follows:
Page I of 3
"Payment for the%%ork provided by Consultant shall be made as provided on Exhibit"B"attached
hereto.provided that the total amount of payment to Consultant shall not exceed$60 000 without the
express written modification of the agrecment signed by the Count%."
IV
Section 15. Notices,is hereby updated to read at"Notices to Consultant shall he sent to the tullowing
address:"
"BERK Consulting. Inc.,2200 Sixth Avenue Suite#1000 Seattlr WA 98121"
V
"Exhibit B", and "Exhibit C" are added to the Contract.
Page 2 of 3
Signatures indicate agreement to the changes as stated in this Supplement#I to the Professional Services
Contract for Comprehensive Plan Periodic Review
DATED this day of ,20
BERK Consultants,Inc. COUNTY OF JEFFERSON
Consultant BOARD OF COMMISSIONERS
r�
'Consultant's Signature Kate Dean,Chair
Date erton, M7 Z� ber Z- - -- -
Heidi EiWnhour, Member
Approved as to form only this 29th
day of June ,202 t
Philip Hunsucker, Deputy Prosecuting Attorney
12
Jodi A s,- rim Director ' Date
Department of Community Development
Page 3 of 3
!,,r �. 202:
Jefferson County is completing its periodic review of the Shoreline Master Program (SMP). The SMP will
address recent amendments to the Shoreline Management Act and Ecology rules, ensure consistency with
the comprehensive plan and development regulations, and address changed circumstances, new
information, and improved data. As a key local initiative, the SMP periodic review will address Jefferson
County's Regulatory Reform Program in Resolution 1 7-1 9 meant to evaluate development regulations like
the SMP in order to reduce unnecessary complexity, inconsistencies, and unpredictable permitting paths,
while continuing to protect public health and the environment.
The SMP engagement process has included a SMP Task Force, stakeholder meetings, and online survey
and story map. The SMP periodic review amendments have been taken before the Planning Commission
for briefings and a public hearing in June 2021, jointly held with the Washington Department of Ecology.
The 2020 consultant scope identified conducting a public hearing and developing a recommendation for
the Board of County Commissioners. The County wishes to have added consultant support for additional
public meetings and responding to public, tribal, and agency comments.
BERK Consulting, Inc. will continue to serve as prime and support Jefferson County with the periodic
review requirements. Shannon & Wilson will continue to provide advice on elements of the periodic
review related to biology and aquatic elements. Collectively the team is called the Consultant in the
scope below.
After the hearing process in Task 4, the Consultant will attend up to three additional decision maker
meetings with either the Planning Commission or Board of County Commissioners. All meetings are
assumed to be virtual. The Consultant will assist in responding to public, tribal, and agency comments. The
consultant will attend up to three team meetings with County staff and Ecology staff to develop SMP
amendments in response to comments. The Consultant will revise SEPA documents as appropriate for
distribution by the County. The consultant will develop revised periodic checklist materials reflecting the
final changes, and a summary of amendments made in response to comments received to support the
submittal of materials to the department per WAC 1 73-26-1 10.
Lisa G.ultet Kevin Gifford Amy Summe Total Hours a"d
.11rr-• %b"ci"• oa^nc. 4•3-^g;• Estimated Cost
2020 Hourly Rate $22S $160 $190 by Tusk
aL Supplerrwn•a MeenrS ^d AJaotion Suppo., a8 4 4•
i�btotc 49 4 44 96
S19 800
S0
Total Estimctoc! Hours 48 4 Ga 96
Cost Hours'Rato• ;10 800 S64C S6.360 519,B0C
Subtotal Consultant Cosy $19.800
Protect Expenses at -1°o or Protect Budget $I98
Estimated Protect Totai $19.99d
Organization and Address
Supplemental Agreement
Number 2 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review 1 $59,998 $4,688 $49,980
Description
Supplement No.2 to Professional Services Agreement for Shoreline Master Program Periodic Review. Enable
$49,980 of consultant services to be reimbursed by the state through Department of Ecology grant agreement for
SMP Update work completed before 7/1/23. See attached BERK Scope, Schedule, Budget dated 4/11/23.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants, Inc. and executed on September 11, 2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract,dated September 11, 2020, remain in effect
except as expressly modified by previous supplements and this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to add the following:
Pursuant to Supplemental Agreement No. 2, Consultant agrees to perform the following services
identified in BERK Scope, Schedule, Budget dated 4/11/23 attached hereto, including the provision of all
labor: Task 6 and Task 7 components connected to Ecology grant tasks 4 and 5 under Agreement No.
S EA S M P-2123-J C DC D-00190.
II
Section 3. Time for Performance, is hereby changed to add the following:
Work authorized through Supplemental Agreement No. 2 shall be performed by consultant between
4/1/2023 and 6/30/2023.
III
Section 4. Payment,is hereby changed to read at Section 4.a. as follows:
Page 1 of 2
Payment for the work provided by Consultant as authorized through Supplemental Agreement No.2 shall
be made per Section 2 Scope of Services,provided that the total amount of payment to Consultant for
work as authorized through Supplemental Agreement No. 2 shall not exceed$49,980 without the express
written modification of the agreement signed by the Count.
V
BERK Scope,Schedule, Budget dated 4/1 1/23 is hereby added to the Contract as an Exhibit.
Signatures indicate agreement to the changes as stated in this Supplement#2 to the Professional Services
Agreement for Shoreline Master Program Periodic Review.
DATED this 2 7 r __ day of -1 yl 2023.
BERK Consultants, Inc. COUNTY OF JEFFERSON
Consultant RBrotherton,
M RS
Consultant's Si nature Chair
Dat � 2 Ka e�D an, M ber
y\� �\ 2_
idi Eisenhour, Member
Approved as to form only this 17th
day of April 2023.
Philip Hunsucker, Deputy Prosecuting Attorney
Bunt .Butler, Nr for Dat
Department of Co unity Development
Page 2 of
Organization and Address
Supplemental Agreement
Number 3 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review $109,978 $4,688 $16,745
Description
Supplement No.3 to Professional Services Agreement for Shoreline Master Program Periodic Review. Enable
$16,745 of consultant services to be reimbursed by the state through Department of Ecology grant agreement for
Shoreline User Guide(SUG) work performed before 7/1/23. See attached BERK Scope, Schedule, Budget dated
4/11/23.
Note: Original Contract Not to Exceed amount above includes Supplements No. 1 and 2.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants, Inc. and executed on September 11,2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract,dated September 11,2020, remain in effect
except as expressly modified by previous supplements and this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to add the following:
Pursuant to Supplemental Agreement No. 3, Consultant agrees to perform the following services
identified in BERK Scope, Schedule, Budget dated 4/11/23 attached hereto, including the provision of all
labor: Task 8,as connected to Ecology grant task 3 under the Amendment No. 1 to Agreement No.
S EA S M PC-2123-J C DC D-00010.
II
Section 3. Time for Performance,is hereby changed to add the following:
Work authorized through Supplemental Agreement No. 3 shall be performed by consultant between
4/1/2023 and 6/30/2023.
III
Section 4. Payment, is hereby changed to read at Section 4.a. as follows:
Page I of 2
Payment for the work provided by Consultant as authorized through Supplemental Agreement No.3 shall
be made per Section 2 Scope of Services,provided that the total amount of payment to Consultant for
work as authorized through Supplemental Agreement No. 3 shall not exceed S 16,745 without the express
written modification of the agreement signed ed by the County.
V
BERK Scope, Schedule, Budget dated 4/11/23 is hereby added to the Contract as an Exhibit.
Signatures indicate agreement to the changes as stated in this Supplement #3 to the Professional Services
Agreement for Shoreline Master Program Periodic Review.
DATED this day of ;612 2023.
BERK Consultants, Inc. COUNTY OF JEFFERSON
Consultant / BOARD OF NERS
Cons Itant' Signature reg Chair
�7
Date Kates an,M mber
i ' Eisenhour,Member
Approved as to form only this 17th
day of April 2023.
Philip/Hunsucker. Deputy Prosecuting Attorney
ent A. But r, Arictor tAte /
Department of ommunity Development
Page 2 of 2
Organization and Address
Supplemental Agreement
Number 4 BERK Consultants, Inc.
2200 Sixth Avenue, Suite#1000
Agreement Number Seattle, WA 98121
Project Number Phone
(206)324-8760
Project Title Original Contract Current Contract Estimated Contract
Professional Services Agreement for Shoreline Not to Exceed: Balance: Supplement:
Master Program Periodic Review 1 $126,723 $4,688 $17,608
Description
Supplement No.4 to Professional Services Agreement for Shoreline Master Program Periodic Review. Add
$17,608 of consultant services for Shoreline Master Program(SMP) Update completion, Shoreline User Guide
(SUG)completion,and staff training performed after 6/30/23. See attached BERK Scope, Schedule, Budget
dated 4/11/23.
Note: Original Contract Not to Exceed amount above includes Supplements No. 1, 2,and 3.
The Local Agency of Jefferson County desires to supplement the agreement entered into
with BERK Consultants, Inc. and executed on September 11,2020 and
identified as Agreement No. Professional Services Agreement for Shoreline Master Periodic Review
All provisions in the basic Professional Services Contract,dated September 11,2020, remain in effect
except as expressly modified by previous supplements and this supplement.
The changes to the agreement are described as follows:
I
Section 2. Scope of Services, is hereby changed to add the following:
Pursuant to Supplemental Agreement No. 4, Consultant agrees to perform the following services
identified in BERK Scope,Schedule, Budget dated 4/11/23 attached hereto, including the provision of all
labor: components of Task 7 remaining for completion as of 7/1/23,components of Task 8 remaining for
completion as of 7/1/23,and Task 9.
II
Section 3.Time for Performance,is hereby changed to add the following:
Work authorized through Supplemental Agreement No. 4 shall be performed by consultant between
7/1/2023 and 12/31/2023.
III
Section 4. Payment, is hereby changed to read at Section 4.a.as follows:
Page I of 2
Payment for the work provided by Consultant as authorized through Supplemental Agreement No 4 shall
be made per Section 2 Scope of Services provided that the total amount of payment to Consultant for
work as authorized through Supplemental Agreement No. 4 shall not exceed$22 295 without the express
written modification of the agreement signed by the County.
V
BERK Scope, Schedule, Budget dated 4/1 1/23 is herebk added to the Contract as an Exhibit.
Signatures indicate agreement to the changes as stated in this Supplement 43 to the Professional Services
Agreement for Shoreline Master Program Periodic Review.
1` 4 t,
DATED this — day of��� 2023.
BERK Consultants. Inc. COUNTY OF JEFFERSON
Consultant BOAR OMMI IONERS
nsu ant's Sign, ure Greg Brothe n.Chair
Date K tebe n, ember
Heidi isenhour, Member
Approved as to form only this 17 th
day of April 2023.
Philip Hunsuck r. Deputy Prosecuting Attorney
II i
Brent A. Bu er, ire or Da
Department o ommunity Development
Page 2 of 2
Jefferson County Shoreline Master Program
(SMP) Periodic Update Completion
2023 Completion Scope I April 11, 2023
Introduction
Jefferson County has received Washington Department of Ecology (Ecology) Initial Determinations
regarding the draft amendments to the Jefferson County Shoreline Master Program (SMP) Periodic
Update as of September 30, 2022. The County has also received an Ecology grant to develop a
Shoreline Users Guide (SUG) to illustrate key provisions for the updated SMP and additional grant
funding from Ecology to be used toward completion of the SMP Update; the grant deliverables are due
in June 2023. This scope adds tasks to support the County through completion of the SMP Update and
development of a draft SUG to reflect the SMP Update. The County also adopted the Critical Areas
Ordinance (CAO) in 2020 and desires some support in interpretation and implementation, particularly in
association with the SMP update. The Consultant (BERK Consulting prime; Shannon & Wilson subconsultant,
focus on aquatic and biology elements) will complete the tasks identified in the Scope of Services. The
effort is anticipated to be completed in 2023. The scope and tasks build on the original scope and
amendment in 2021 identifying Tasks 1 to 5.
Scope of Services
Task 6. Ecology Initial Determinations Review
6.1 Review and Recommendations
The Consultant will review Ecology's Initial Determination for required and recommended changes and
provide advice and recommendations to Jefferson County. The Consultant will prepare a list of questions
or responses to the required and recommended changes and attend up to two virtual meetings with
Ecology and County staff to discuss them. Following the meetings, the Consultant will integrate the final
set of changes into a draft SMP amendment package for review as part of Task 6.2 and Task 7.
6.2 Cumulative Impacts Analysis Supplement
Ecology has recommended a cumulative impacts analysis of beach access structures and new allowances
for minor waterward and lateral expansions of single-family homes. The Consultant will supplement the
County's Cumulative Impacts Analysis prepared for its SMP update that preceded the Periodic Review
comparing current and proposed standards, mapped shoreline conditions from State and County sources
(focusing on areas where variances have been requested in the past/example reaches rather than
countywide), and demonstration of mitigative effects of the proposed standards (e.g., enhancement)
:ill
meant to achieve no-net-loss of shoreline ecological functions. The Consultant will prepare a draft
evaluation and a revised evaluation following County staff, Ecology, and Advisory Committee review.
6.3 SMP Checklist Revisions
In support of Tasks 6.1 and 6.2, the Consultant will prepare the Periodic Review Checklist documenting
consideration of statutory amendments, and internal consistency review.
Work on Task 6 is expected to begin in April 2023 and conclude by June 30, 2023. See Schedule.
Task 7. SMP Final Legislative Process
7.1 Advisory and Legislative Review
The Consultant will support the County in completing the legislative review process by attending meetings
as follows. The Consultant will prepare materials for the meeting (presentations and packet of
amendments), and respond to comments. A final Ecology periodic update matrix and responses to
comments will be prepared.
This scope assumes six meetings total, with 3 virtual and 3 in person meetings. Bodies may include the
Advisory Committee, Planning Commission, or Board of County Commissioners.
7.2 SEPA Documentation
The Consultant will update the SEPA Checklist to address the revised SMP proposals and to reference the
Cumulative Impacts Analysis supplement in Task 6.2. The Consultant will prepare a draft of a revised
Determination of Non-Significance and advise on the circulation of it. The County will be responsible for
issuing it.
Work on Task 7 is expected to begin in May 2023. Components connected to Ecology grant tasks 4 and
S under Agreement No. SEASMP-21 23-JCDCD-00 190 will be completed by June 30, 2023. Additional
Task 7 components are anticipated to be completed between July and October 2023. See Schedule.
Task 8. Shoreline Users Guide Manual
The County received a grant to create a SMP Users Guide to clarify and interpret SMP requirements for
common shoreline uses and to support improved shoreline applications.
The Consultant will conduct SUG grant tasks to gain stakeholder input and to prepare a SUG. The scope
assumes a draft SUG by June 2023 and a revised SUG after SMP adoption in fall 2023.
8.1 Stakeholder Outreach: The County will provide a database of shoreline permittees' names and
contact information including emails, phone numbers, and addresses. Using an online questionnaire and 1
group meeting conducted virtually, the Consultant will seek input from shoreline permittees on the
strengths and weaknesses of the County's shoreline permit process and opportunities for clarity. County
staff will conduct 4 other virtual meetings or interviews and provide notes to the Consultant.
8.2 Shoreline Users Guide, Draft: The Consultant will review example SUGs and prepare an annotated
outline of the SUG based on the Draft SMP periodic update. A list of graphics to be developed will be
prepared (the budget anticipates 2 flow charts, 3 tables, and 8 diagrams, e.g. of single family home
developments, docks, etc.). Following staff review of the annotated outline,the Consultant will prepare
:111 April 11, 2023 Jefferson County I SMP Periodic Update Completion 2
draft text and a pamphlet template (e.g. in InDesign and/or Word). After one round of review, the
Consultant will prepare a revised draft SUG.
8.3 Shoreline Users Guide, Final: The Consultant will prepare a final revised SUG for County staff
consistent with the final approved SMP to the level of resources budgeted.
Work on Task 8 is expected to begin in May 2023. Components connected to Ecology grant task 3 under
the Amendment No. 1 to Agreement No. SEASMPC-2123-JCDCD-00010 will be completed by June 30,
2023. Additional Task 8 components are anticipated to be completed between July and November
2023. See Schedule.
Task 9. Critical Areas Ordinance Implementation Support
In light of the 2020 adoption of the CAO and the pending 2023 SMP Update, the Consultant will collect
staff questions and develop responses and conduct up to two virtual sessions regarding CAO
implementation and potential interpretations/amendments. Updates to the draft agricultural activities'
checklist and one round of revisions to the ordinance is anticipated in consultation with the County and
Conservation District.
Work on Task 9 is expected to begin in July 2023 and conclude in the autumn of 2023.
Schedule
The schedule will be confirmed through a project re-launch with the client.
Tasks Approximate Schedule
Task 6.Ees{apy hdila!De/ernpiendia►ns Revlrw
6.1 Review and R w Ap j1-Alms 2023
Gml"y Coordk+atim Apr"" 2023
6.2 Cunxdative bnpads Analysis Supplat w May-1altw,2023
6.3 SMP CheddW RovWlam June 2023
Task 7.SMf,%W iylslaliw Process
7.1 A"Wy=W W91slot1w Review(6 rafts;half virtual) Advisory Canniftw May-AtVust 2023
Pk i+O."ntissione June-Ocbber 2023
5000 �-Deamber 2023
7.2$&A Daamw*ation R� 3
1 .SW"Aw-0061r'2023
To**Sborelllm V"n 6"Memel baio�oklar.6tpc6smentr May-lenst,�23-
SUG Ong%#Wy4une 2023
-5W Raeisldr FoR 2023 foibwinp SW
Perlodlic Updoft
Task 9.ON= M�sOts�ettoe ItnpM�MSon UMped Ev�okmdm y-Septepbe- Staff training:
O -Hovwnber.
�i'I April 11, 2023 Jefferson County I SMP Periodic Update Completion 3
Cost Estimate
The following attachments outline the budget associated with this Completion Scope:
1. Total Budget April 1-December 31, 2023
2. SMP Update budget: April 1-June 30, 2023 — This work is funded through Ecology grant
agreement number SEASMP-21 23-JCDCD-00 190.
3. SUG budget April 1-June 20, 2023 — This work is funded through Ecology grant agreement
number SEASMPC-21 23-JCDCD-000 10.
4. Remaining work July 1-December 31, 2023
VII April 1 1, 2023 Jefferson County I SMP Periodic Update Completion 4
Attachment 1. Total Budget April 1-December 31, 2023
BERK Consulting views
Project
Lisa Grueler Kevin Gifford Ann Mueller Support Amy Summe Total Hours and
Principal 3an!of Associate Senior Assac'ae
! A;sociate I Estimated Cost
by Task
2023 Rates $260 $190 $180 $150 $225
Task 6.Ecology Willi) ,w
6.1 Reviewardd opnmwtdeMoes• 16 4 4 12 J18,220
6.2 Cumubtive IMpoOAioFXsts 5+tppknfNnr 16 24 4 40 $18,320
6.3 Pterlallk Cbed. fs 16 3 16 $8,210
To$7.SMP f3ea1_ttttg111o1_PeQew
7.1 Advrary raid l�iplollMR;RtiM1sw
Ib misF d+lr7t+a� : 42 TO. 42 =22,770
7.2 SEPA Oawa141 WSW 12 2 0. $5,300
Talc B.ShereMpst?W Qtilde
0 m«tllt)b. �1!,1lkatt d r 20 ♦ 32 16 lb $17,720
To*9.Erft ail Arem Opoomt:Stl illl(Aplfoti. -
Suppod ' 20 4- e S7,600
SvaM1a1 r'.` 143 .34. im 10 11;! 397
$81,f 40
Told fts9matlad N6wa 14! 34 32 47 _ 142 397
Cost(tlews"Odie) $3C920 $6,460 $3.7" VAINI $31,41D $",140
Subtotal Consultant Cost $88.140
Project Expenses of—1°b of Project Budget $880
Estimated Project Total $89,020
Credit-Task 5 Balance(January 2023) $4,688
Adjusted Estimate $84,333
Expenses include: Mileage for meetings, postage,delivery, copies, and somilor project-based expenses billed at cost.
�i,l April 11, 2023 Jefferson County I SMP Periodic Update Completion 5
Attachment 2. SMP Update budget: April 1-June 30, 2023—This work is funded through Ecology grant
agreement number SEASMP-2123-JCDCD-00190
Project
Lisa Grueter Kevin Gifford Ann Mueller Support Amy Summe
Total Hours and
Princpa- Senior Associate Senior Assoriate
Estimated Cost
!I Associate
by Task
2023 Rates $260 $190 $180 $150 $225
Tasks
Tell a.EpDtopY.(dMotbN�rtrtiwAawr Rrpybw
6.1 RwlNsv OW R4oatttnMWON" 16 4 4 12 $8,220
6.2 CwmdWm Dnpalsti Anoly*&*pMm ew 16 24 4 40 $18,320
b.3-Fee 16 ; :; -J 16 $8,210
Totft 7.Q01btoiteVA w.Proons
1',t.ltdrf�orlr lt6d 1 l�i�flw Rrri4.v C!aMe�r} . 24 11 20. $10,900
74 XPAPoetntty tAell>igN.(Dg1fy 10' 2 6 $4,330
SY1tthF 78 39 :' dr' _ '10 M 221
r �9.980
Told 19i"/1M liowa 76 20 A .19 94 221
cost(llw041M4) ' $20,260 W700 SO' S$W $21,130 $49.910
Subtotal Consultant Cost $49,980
Project Expenses at—1%of Project Budget $0 hovel.Copies,Data
Estimated Project Total $49,980
VII April 1 1, 2023 Jefferson County SMP Periodic Update Completion 6
Attachment 3. SUG budget April 1-June 20, 2023—This work is funded through Ecology grant agreement
number SEASMPC-2123-JCDCD-M10
Project
Lisa Grueter Kevin Gifford Ann Mueller Support Amy Summe
_ Total Hours and
it0!:J'C
Estimated Cost
by Task
2023 Rates $260 $190 $180 $150 $225
Task 9.1 cmd e.1$01�kJayn
0 M00*11o, 1 strrey,Droh/,evbW) 19-25 2.S 30.5 16 TS $16,745
faf01s1a1. 19.25 LO 03.25
743
iM�i/MYrtiaAtt iboea 19.0 2i` r ws H 13 12.25
C"("111W'RON) PASS 11475 "A" "A $2,375 $14,745
Subtotal Consultant Cost $16,745
Project Expenses o1—0%of Project Budget $0
Estimated Project Total $16,745
VII April 11, 2023 Jefferson County SMP Periodic Update Completion 7
Attachment 4. Remaining work July 1-December 31, 2023
Project
Lisa Grueter Kevin Gifford Ann Mueller Support Amy Summe
Total Hours and
Principal Senior Associate Senior Asuxiote
Estimated Cost
ti Associate I
by Task
2023 Rates $260 $190 $180 $150 $225
Tasks
Test 7.SMP flnaltegitiotWe Procne
7.1 Advisory and LogWtIm RervIl"(4 tsw0-g I
3 v %mil) 22 8 22 1100
7.2 SEPA Damnrl t*m(Flnal) 2' 2 f97Q
Took 8.Shoreline Users Guide ffit""1 0.73 1.i 1 1 f9t?S
Tad 4.CrFAral Mbar Orditonce I .
Suppod 20 4 _47AOO
SVMI 44.ss 14, . 1 Al 12 1� l3 7i
$21AIS
ttll�tttMnier�lloun 44.73 1.5 1.5 12 33 9,175
Coll 01 r) $11A33 $293 $V9 $1,200 $7,423 $21:,415
Subtotal Consultant Cost $21,41 5
Project Expenses at—I"o of Project Budget $880 ave Cori ., gyro
Estimated Project Total $22,295
Credit•Task 5 Balance(January 2023) $4,688
Adjusted Estimate $17,608
:111 April 1 ], 2023 Jefferson County SMP Periodic Update Completion 8