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HomeMy WebLinkAboutGlen Cove Infrastructure Planning SCJ JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUEST TO: Board of County Commissioners FROM: Amanda Christofferson,Grants Administrator Josh Peters,Director DCD DATE: August 19,2024 SUBJECT: PROFESSIONAL SERVICES AGREEMENT re. Glen Cove Infrastructure Extension Planning per Strategy Development Grant; Department of Community Development; Clallam County subaward from U.S. Economic Development Administration STATEMENT OF ISSUE: Whereas the BOCC accepted the agreement with Clallam County for a subaward from U.S. Economic Development Administration in order to complete an analysis of Glen Cove Infrastructure Extension Planning. Staff has performed the necessary steps in order to procure professional planning services and has selected a contractor. ANALYSIS: Clallam County as the lead on behalf of the North Olympic Peninsula Recompete Coalition (NOPRC), submitted an application for Strategy Development Grant and to Phase I of the Distressed Area Recompete Pilot Program from EDA. In December of 2023 NOPRC was awarded the Strategy Development Grant and invited to apply for Phase II of the Recompete program and in August of 2024 NOPRC was awarded $35M in Recompete funding. Jefferson County has as a part of the SDG a discreet project to evaluate the potential to provide urban level infrastructure services ie. water, sewer, and stormwater utilities to the Glen Cove Industrial area in order to prime the development and expansion of industrial and light manufacturing business and employment in the county. These funds will pay for consultants contracted by Jefferson County Department of Community Development to perform the community planning required in order to develop and consider policy and budget options and requirements under the Washington State Growth Management Act(GMA). Including: 1. Analysis of Planning Requirements 2. Stakeholder Engagement 3. County/City Collaboration FISCAL IMPACT: This is a $60,000 grant. The Agreement contains a Not-To-Exceed statement. No county match is required. RECOMMENDATION: Staff requests the Board approve a motion to sign the Prolcssional Services Agreement �tiith SC.I Alliance for Glen Cove Infrastructure Extension Services. REVIEWED BY: Mark McCauley, my Administrator Date CONTRACT REVIEW FORM I Clear Form (INSTRUCTIONS ARE ON THE NEXT PAGE) CONTRACT WITH: SCJ Alliance Contract No: SCJ-SDG-2024 Contract For: Glen Cove Infrastructure Extension Planning Term: Fully executed-December 31,2025 COUNTY DEPARTMENT: Department of Community Development/Auditors Office Contact Person: Amanda Christofferson Contact Phone: 360-385-9232 Contact email: amchristofferson@co.jefferson.wa.us AMOUNT: $60,000 PROCESS: Exempt from Bid Process Revenue: $60,000 (Grant funding) Cooperative Purchase Expenditure: $60,000 Competitive Sealed Bid Matching Funds Required: None Small Works Roster Sources(s)of Matching Funds N/A Vendor List Bid Fund # 143 RFP or RFQ Munis Org/Obi TBD Other: APPROVAL STEPS: STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW. Amanda Chirstofferson o? a a ,;°;;�° CERTIFIED: ■ N/A: 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: ❑� N/A: Amanda Chirstofferson cl-ft cmnwnww SignatureN Date STEP 3: RISK MANAGEMENT REVIEW(will be added electronically through Laserfiche): Electronically approved by Risk Management on 8/16/2024. STEP 4: PROSECUTING ATTORNEY REVIEW (will be added electronically through Laserfiche): Electronically approved as to form by PAO on 8/16/2024. Standard PSA languge with slight changes negotiated by the PAO. 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 PROFESSIONAL SERVICES AGREEMENT FOR Glen Cove Infrastructure Extension Planning THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between the County of Jefferson, a municipal corporation ("the County"), and Shea, Carr & Jewell, Inc. (dba SCJ Alliance) ("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: Conducting a feasibility analysis of the planning requirements and infrastructure services necessary for the expansion of services in the vicinity of the Port Townsend Urban Growth Area within Jefferson County. To include stakeholder engagement and development of a County/City agreement for collaboration. 2. Scope of Services. The Contractor agrees to perform the services identified on Exhibit"A" attached hereto including the provision of all labor. The Contractor shall perform its services consistent with the professional skill and care ordinarily provided by contractors practicing in the same or similar locality under the same or similar circumstances. 3. Time for Performance. This Agreement shall commence on upon fully executed and continue through December 30, 2025. 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". The Contractor shall perform its services as expeditiously as is consistent with such professional skill and care and the orderly progress of the project. 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 $ 60,000.00 without express written modification of this Agreement signed by the County. b. Invoices must be submitted by the 15`h 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. Professional Services Agreement,JCDCD, Version 5, PAO Approved 4/8/2024 Page I of I I 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. 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. Both parties specifically assume potential liability for actions brought against the other Professional Services Agreement,JCDCD, Version 5, PAO Approved 4/8/2024 Page 2 of 11 party by the first party's employees, including all other persons engaged in the performance of any work or service required of the parties under this Agreement and, solely for the purpose of this indemnification and defense, the parties specifically waive any immunity under the state industrial insurance law, Title 51 R.C.W. The parties recognize 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 coverages: 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; and, vii. Employer's Liability or Stop Gap Coverage. 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) Professional Services Agreement,JCDCD,Version 5, PAO Approved 4/8/2024 Page 3 of I 1 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. 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, Professional Services Agreement,JCDCD, Version 5, PAO Approved 4/8/2024 Page 4 of 1 I 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 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. s. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates from 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. Professional Services Agreement,JCDCD,Version 5, PAO Approved 4/8/2024 Page 5 of 11 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 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. c. This coverage shall extend to any subcontractor that does not have their own worker's compensation and employer's liability insurance. d. Both parties expressly waive by mutual negotiation all immunity and limitations on liability, with respect to the other party, 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 either party incurs any costs to enforce the provisions of this subsection, all cost and fees shall be recoverable from the other party. 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. Professional Services Agreement,JCDCD,Version 5, PAO Approved 4/8/2024 Page 6 of 11 12. Subcontracting Requirements. 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. Professional Services Agreement,JCDCD,Version 5, PAO Approved 4/8/2024 Page 7 of I 1 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. 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 party 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: SCJ Alliance, Consulting Services 8730 Tallon Lane NE, Ste. 200 Lacey, WA 98516 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. Professional Services Agreement, JCDCD,Version 5, PAO Approved 4/8/2024 Page 8 of 1 I 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 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. 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. 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. Professional Services Agreement,JCDCD, Version 5,PAO Approved 4/8/2024 Page 9 of 1 I 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. 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. 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. DATED this day of 120 . (SIGNATURES FOLLOW ON THE NEXT PAGE) Professional Services Agreement,JCDCD, Version 5, PAO Approved 4/8/2024 Page 10 of I l JEFFERSON COUNTY BOARD OF COMMISSIONERS Name of the Contractor Kate Dean,Chair Contractor Representative (Please print) Greg Brotherton, Member (Signature) Heidi F,isenhour, Member Title Date Approved,as to.form only: August 16,2024 Philip C. Hunsucker Date Chief Civil Deputy Prosecuting Attorney Professional Services Agreement,JCDCD,Version 5, PAO Approved 4/8/2024 Page I I of I I ow -440- SCJ ALLIANCE CONSULTING SERVICES Exhibit A Scope of Work Glen Cove Infrastructure Extension Planning Jefferson County, WA Phase 1 Analysis of Planning Requirements Task 1 Evaluation of UGA Adjustment Alternatives 1) Conventional UGA Amendment 2) UGA Swap 3) Extension of services to existing Glen Cove LAMIRD Task 2 Evaluation of Existing Conditions and Required Infrastructure Improvements 1) Review Existing Infrastructure Location and Capacity 2) Review Planned Growth Assumptions 3) Document Potential Minimum Infrastructure Improvements for each alternative Task 3 Evaluate SEPA Options for Amending UGA 1) Review Existing SEPA documentation 2) Analysis of existing conditions 3) Document future environmental planning requirements/steps necessary for each alternative Task 4 Prepare Findings Report 1) Draft Findings Report 2) Finalize Findings Report Understanding SO understands that the following additional efforts are currently underway or scheduled for future action: • Jefferson County is the recipient of a Public Infrastructure Fund (PIF)grant intended for design of the sewer infrastructure extension from Port Townsend into Glen Cove. • Port Townsend has received a federal grant for design and construction of a lift station for the Evans Vista project. • Port Townsend is currently preparing the periodic update to the Comprehensive Plan, which will include a land capacity analysis. • The Dept of Ecology has been conducting air emission testing since the closure of the paper mill and was due to provide a report to the County in 2024. • WSDOT is already working with the jurisdictions on a roundabout in the project vicinity. SO staff completed the refined ICE for the project. 410- Glen Cove Infrastructure Planning SCJ ALLIANCE July 16, 2024 CONSULTING SERVICES Page 2 of 4 SO will collaborate with the County and the City to incorporate any related planning work that has already been undertaken or is scheduled to take place. Phase 1 Deliverables • SO will provide the County with three scenarios for future growth, with an outline of minimum infrastructure requirements for each alternative. • A summary of planning requirements for each alternative will also be provided, including permitting and environmental strategies for future development. • A summary report describing existing roadway conditions and a recommendation on the infrastructure that will need to be built, or improved on, for each of the identified alternatives. Phase 1—Planning & Permitting Analysis T&M Estimate: $23,234 Phase 2 Stakeholder Engagement Task 1 Public Participation Plan 1) Draft Public Participation Plan 2) Final Public Participation Plan Task 2 Engagement Activities 1) Preparation of Engagement Materials 2) In-Person Activities(2) Understanding SO will work with County staff to develop a Public Participation Plan specific to the desired outcomes of this Scope of Work. This Plan will account for the outreach efforts that have already taken place, such as the survey conducted by the Economic Development Council, and the engagement activities occurring for the Port Townsend Comp Plan update. SO will work with the County(and the City)to craft additional activities/events that build on this other work, but which will be specific to Glen Cove infrastructure planning. Engagement efforts will be focused on engaging the surrounding business owners and property owners, as well as the City of Port Townsend. SO will attend up to 2 engagement activities in person but recognizes that additional events may be desirable. These additional events can be conducted by County representatives, or SO can work with the County to determine if budget reallocations are appropriate to allow for consultant attendance at any additional in-person events. Phase 2 Deliverables • Preparation of the agreed-upon public engagement materials, provided in electronic format, or hard copy if requested. 8730 Tallon Lane NE, Suite 200 • Lacey, WA 98516 • Office 360.352.1465 • Fax 360.352.1509 • scjalliance.com s Glen Cove Infrastructure Planning SCJ ALLIANCE July 16,2024 CONSULTING SERVICES Page 3 of 4 • Summary report of the outcome of the public engagement activities. Phase 2—Stakeholder Engagement T&M Estimate: $17,678 Phase 3 County/City Collaboration Task 1 County/City Collaboration Meetings 1) Facilitate up to 3 meetings between Mason County and the City of Port Townsend Task 2 Memorandum of Understanding (MOU) or Agreement (MOA): 1) Draft MOU or MOA 2) Revise MOU or MOA Understanding SO will coordinate with the County and City to prepare meeting agendas and will facilitate up to 3 meetings in person. The work of this phase is being shared between County Staff and the Consultant Team, with participation from Port Townsend representatives. Phase 3 Deliverables • Meeting agendas will be developed in collaboration with County representatives in advance of the meetings. Agendas will include a clear purpose statement and desired outcomes for each meeting • In-person facilitation of meetings • Documentation of meeting outcomes • A draft Memorandum of Understanding or Memorandum of Agreement for potential adoption by the County and the City Phase 3—County/City Collaboration T&M Estimate: $12,020 BUDGET SUMMARY FEES Phase 1—Planning& Permitting Analysis $23,234 T&M Phase 2—Public Engagement $17,678 T&M Phase 3—City County Collaboration $12,020 T&M Mileage $716.90 Management Reserve 6 000 Total Estimated Fees $59,648.90 +expenses 8730 Tallon Lane NE, Suite 200 0 Lacey, WA 98516 4 Office 360.352.1465 0 Fax 360.352.1509 • scjalliance.com � -do- 401- -4111- 00. Glen Cove Infrastructure Planning SCJ ALLIANCE July 16, 2024 CONSULTING SERVICES Page 4 of 4 Phase 99—Expenses The project will not exceed$60,000 unless with prior approval of the Jefferson County BOCC. The above mileage fee is an estimate. Other expenses that will be charged on a time and material basis include plan reproduction, copies, etc. Fees for expenses above are estimates. These fees are based on our current knowledge of the project. If over time, the scope and overall objectives of the project change, these fees may need to be adjusted to reflect the modified circumstances. The above scope and fee will expire six months from the date of this letter. If project approval exceeds this timeframe, an updated fee will be provided upon request. Additional services requested, but not identified in the scope of work, will be considered "extra services" and will be charged on a time-and- materials basis in accordance with the attached billing rate schedule. 8730 Tallon Lane NE, Suite 200 • Lacey, WA 98516 • Office 360.352.1465 • Fax 360.352.1509 • scialliance.com