HomeMy WebLinkAboutOTAK Pleasant Harbor MPR JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of Commissioners
FROM: Josh Peters, Community Development Director
Chelsea Pronovost,Administrative Services Manager
DATE: November 18, 2024
RE: Professional Services Agreement—OTAK, Inc.
STATEMENT OF ISSUE:
The Department of Community Development(DCD)engaged in a professional services contract
with SCJ Alliance for on-call development review and long-range planning. The proposed scope
of work included Cristina Haworth as the "Contract Planner" for development permit
applications associated with buildout of the Pleasant Harbor Master Planned Resort(PHMPR).
Ms. Haworth was approved at the contract planner by the applicant which is a requirement of
the Future Staffing and Consultant Agreement (FS&C Agreement), which is contained in
Attachment 1.
Ms. Haworth has moved to OTAK, Inc. and has agreed to continue as the contract planner. This
contract keeps the current contract planner, Ms. Haworth in place.
ANALYSIS:
This is an authorized sole source procurement. In 2023,Haworth was approved by the applicant
as the contract planner directing services provided pursuant to a Future Staffing and Consultant
Agreement, which requires approval of the contract planner by the applicant. This is a highly
complex project. Haworth has gained significant knowledge of the history of the project. There
is an unfinalized current preliminary plat application, which is on a required deadline for
completion. The County and the applicant have invested significant human capital and financial
resources in Haworth. Accordingly, Haworth is clearly and justifiably the only practicable
source to provide the services required for this project.
Implementation of the PHMPR Development Agreement(DA) includes selection of a Contract
Planner. The PHMPR developer has provided express written consent for our selection of Ms.
Haworth to serve as the Contract Planner, pursuant to the FS&C Agreement. OTAK, Inc has
agreed to have Ms. Haworth to serve in this capacity, and this proposed professional services
agreement establishes the scope of work and invoice process to implement that aspect of the
Future Staffing and Consultant Agreement. The OTAK Statement of Qualifications is located
in Attachment 2.
1
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FISCAL IMPACT:
The FS&C Agreement addresses anticipated consultant (and in-house) costs associated with
development review for implementation of the DA. Consultant charges for work performed as
the PHMPR Contract Planner will be paid by the PHMPR developer.
RECOMMENDATION:
Staff recommends that the Board approve this professional services agreement.
REVIEWED BY:
Mark McCauletXounty Administrator t6ate
2
CONTRACT REVIEW FORM Clear Form
(INSTRUCTIONS ARE ON THE NEXT PAGE)
CONTRACT WITH: OTAK, Inc. Contract No: 2024-DCD-OTAK
Contract For: Contract Planner for Pleasant Harbor MPR Term: 9/1612024-9/16/2029
COUNTY DEPARTMENT: Community Development
Contact Person: Chelsea Pronovost
Contact Phone: 360-379-4494
Contact email: cpronovost@co.jefferson.wa.us
AMOUNT: Up to $100,000 per year PROCESS: Exempt from Bid Process
Revenue: Paid by Applicant per FSSC Agreement Cooperative Purchase
Expenditure: Paid by Applicant per FSBC Agreement Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
Fund # RFP or RFQ
Munis Org/Obj �/ Other: Sole Source
APPROVAL STEPS:
STEP 1: DEPARTMENT CERTIFIES COMPLIANCE WITH JCC 3.55.080 AND CHAPTER 42.23 RCW.
CERTIFIED: a N/A:❑ r 11/12/2024
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: ❑ _ 11/12/2024
Signature Date
STEP 3: RISK MANAGEMENT REVIEW (will be added electronicall" through Laserfiche):
Electronically approved by Risk Management on 11/13/2024.
STEP 4: PROSECUTING ATTORNEY REVIEW(will be added electronically through Laserriche):
Electronically approved as to form by PAO on 11/14/2024.
PAO wrote this contract and negotiated one term with OTAK's lawyers.
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
i
PROFESSIONAL SERVICES AGREEMENT BETWEEN
JEFFERSON COUNTY AND OTAK, INC.
THIS PROFESIONAI. SE'RVICE'S AGRI:I:MENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and OTAK. Inc. (IJBI Number:
600 614 735) ("the Contractor"), in consideration of the mutual benefits, terms, and conditions
specified below.
I. Project Designation. The Contractor is retained by the County to perform the following
Project: Contract planner for Pleasant I larbor Master Planned Resort. Cristina Ilaworth
(Haworth) shall be the person at the Contractor directing the Contractor's services, as she
has moved from another corporation to be in the employ of the Contractor.
2. Sole Source Procurement. In 2023. 1 faworth was approved by the applicant as the contract
planner directing sm-ices provided pursuant to a Future Staffing and Consultant
Agreement. which requires approval of the contract planner by the applicant. This is a
highly complex project. I faworth has gained significant knowledge of'the history of the
project. There is an unfinalized current preliminary plat application, «hich is on a required
deadline for completion. The County and the applicant have invested significant human
capital and financial resources in Haworth. Accordingly, I laworth is clearly and justifiably
the only practicable source to provide the services required for this project.
;. Scope of Services. The Contractor agrees to perform the services identified on Appendix
"A�attached hereto including the provision of all labor consistent with the Future Staffing
and Consultant Agreement. The Contractor shall pertorm its services as expeditiously as is
consistent with such skill and care ordinarily provided by contractors practicing in the same
or similar locality under the same or similar circumstances and the orderly progress otthe
project.
4. Time for Pertormance. This Agreement shall commence on September 16, 2024 (the
effective date) and shall continue through September 16, 2029.
5. Ratification. Work performed consistent with this Agreement prior to the adoption ofthis
Agreement is hereby ratified.
6. Payment. The Contractor shal I be paid by the County for completed work and for services
rendered under this Agreement as tollo%ks:
a. Payment for the work provided by The Contractor shall be made as provided on
Annendix "13" attached hereto, provided that the total amount of payment to The
Contractor shall not exceed $100.000 per year without express written modification
of this Agreement signed by the County.
b. Invoices must be submitted by the 10" of the month for the previous month's
expenses. Such invoices will be checked by the County, and upon approval thereof.
payment %vill be made to the Contractor in the amount approved. Failure to submit
Professional Services Agreement 11aec i of 14
timely invoices and reports pursuant to Appendix`B"of this Agreement may result
in a denial of reimbursement. Invoices not submitted within 60 days may be denied.
C. Final payment of any balance due the Contractor of the total contract price earned
will be made promptly upon its ascertainment and verification by the County after
the completion of the work and submittal of reports under this Agreement and its
acceptance by the County.
d. Consultant shall provide invoices and necessary backup documentation for all
services including timesheets and statements (specifying the services provided).
Any indirect charges require the submittal of an indirect cost methodology and rate
using 2 C.F.R. Part 255 and 2 C.F.R. Part 230.
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.
7. 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.
8. 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.
9. 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.
Professional Services Agreement Page 2 of 14
10. Indemnification. The Contractor shall indemnify and hold harmless the County, its past or
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities),from and against all claims,losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Contractor's own employees,or damage
to property occasioned by a negligent act, omission or failure of the Contractor. The
Contractor shall be liable only to the extent of the Contractor's proportional negligence.
The Contractor specifically assumes potential liability for actions brought against the
County by the Contractor's employees, including all other persons engaged in the
performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law, Title 51 R.C.W. The
Contractor recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.115 and was subject of mutual negotiation.
11. Insurance. Prior to commencing work, the Contractor shall obtain at its own cost and
expense the following insurance coverage specified below and shall keep such coverage in
force during the terms of this Agreement.
a. Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence with the County named as an additional insured in
connection with the Contractor's performance of this Agreement. This insurance
shall indicate on the certificate of insurance the following coverage: (a) Owned
automobiles; (b) Hired automobiles; and, (3)Non-owned automobiles.
b. Commercial General Liability Insurance in an amount not less than a single limit
of one million dollars($1,000,000)per occurrence and an aggregate of not less than
two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury,
including death and property damage, unless a greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises—Operations Liability (M&C);
V. Independent Contractors and subcontractors;
vi. Blanket Contractual Liability; and,
vii. Employer's Liability or"stop gap" coverage.
Professional Services Agreement Page 3 of 14
C. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2,000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage(tail coverage)shall be purchased for three(3)
years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three (3)years.
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.
Professional Services Agreement Page 4 of 14
i. Insurance companies issuing the policy or policies shall have no recourse against
the County (including its employees and other agents and agencies) for payment of
any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention,
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations, claim administration and defense expenses.
1. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County (including its employees and other agents and
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 and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
Professional Services Agreement Page 5 of 14
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations
on indemnification.
U. The Contractor shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced. All the insurance policies required by this Agreement shall provide that
thirty (30) days prior to cancellation, suspension, reduction or material change in
the policy, notice of same shall be given to the Jefferson County Public Health
Contracts Manager by registered mail, return receipt requested.
V. The-Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the requirements
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.
12. 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 RC W,
for the term of this Agreement and shall provide evidence of coverage to Jefferson
County Risk Management, 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. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
e. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
13. 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,
Professional Services Agreement Page 6 of 14
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.
14. 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.
15. 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.
16. 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.
Professional Services Agreement Page 7 of 14
17. 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.
18. 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.
19. 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.
20. 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
PO Box 1220
Port Townsend, WA 98368
Notices to the Contractor shall be sent to the following address:
OTAK, Inc.
11241 Willows Rd NE,
Redmond, WA 98052
21. 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
Professional Services Agreement Page 8 of 14
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.
22. Modification of this Agreement. This Agreement may be amended only by written
instrument signed by both County and Contractor.
23. 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.
24. 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.
25. 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.
26. 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.
27. 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.
28. 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.
Professional Services Agreement Page 9 of 14
29. 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.
30. 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.
31. 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.
32. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
33. Arms-Lengthgotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
34. 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.
35. Representations and Warranties. The parties represent and warrant that:
a. Each person signing this Agreement is fully authorized to enter into this Agreement
on behalf of the party for whom their signature is being made;
b. Each party that is a corporate entity is duly organized and validly existing in good
standing under the laws of one of the states of the United States of America;
C. The making and performance of this Agreement shall violate no provision of law
or of any parry's articles of incorporation, charter, or by-laws;
d. Each corporate party has taken all necessary corporate and internal legal actions to
duly approve the making and performance of this Agreement and that no further
corporate or other internal approval is necessary; and,
e. Each person signing this Agreement has read this Agreement in its entirety, know
the contents of this Agreement, agrees that the terms and conditions are contractual
and not merely recitals, and agrees that they have signed this Agreement, having
obtained the advice of legal counsel.
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement Page 10 of 14
JEFFERSON COUNTY WASHINGTON OTAK, INC.
Board of County Commissioners
Jefferson County, Washington
By. VY'
Kate Dean, Chair Date
I3v: �
By: Signature
Greg Brotherton, Commissioner Date
Amanda(Mandi) C. Roberts
Name:
By: Senior Vice President/Principal Planner
Heidi Eisenhour, Commissioner Date Title:
November 8, 2024
SEAL: Date:
ATTEST:
Carolyn Galloway, CMC Date
Clerk of the Board
Approved as to form only:
November 14, 2024
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement Page I I of 14
APPENDIX "A"— SCOPE OF WORK
Work to be Performed under this Agreement
The scope of services for this project is support for development review services specifically
related to implementation of the Development Agreement between Jefferson County and the
developer of the Pleasant Harbor Master Planned Resort (PHMPR). Cristina Haworth of OTAK,
Inc. shall be the "Contract Planner"required by the Future Staffing and Consultant Agreement for
the Pleasant Harbor Master Planned Resort between the County and Pleasant Harbor Marina and
Golf Resort, LLC,a Washington limited liability partnership, UBI Number: 602 815 685,attached
as Appendix "C".
Work includes reviewing development applications for conformance with the Development
Agreement, MPR land use designation in the County's comprehensive plan, and applicable
sections of Title 17 JCC, and Title 18 JCC, including but not limited to planning, land division,
civil engineering, environmental review, transportation planning or engineering, critical areas
review, SEPA compliance, and related services. The work shall be performed by OTAK, Inc.
employees or consultants under the direction of Cristiana Haworth.
The Consultant's Commitment to Providing Efficient and Cost-Effective Services
The Consultant's goal is to fully satisfy the County's needs in the most efficient and cost-effective
means possible. To achieve this goal:
1. The Consultant shall collaborate with County staff to understand each project's needs, the
expected level of effort, and desired deliverables;
2. The Consultant shall provide high-quality service so the County develop confidence and
trust in The Consultant's work;
3. The Consultant shall gain an understanding of local issues and concerns;
4. The Consultant shall eliminate, to the extent possible,duplication of efforts on projects by
utilizing experience and existing resources, as well as by implementing and exploiting
computerized support that is tailored to the requirements of each individual scope of work;
5. The Consultant shall track budgets, use best efforts to stay within budgets, and inform the
County immediately when there is a possibility that any budget cannot be maintained;
6. The Consultant shall utilize a team approach to staffing, to ensure that the persons
comprising the team are the most qualified and most cost-effective personnel;
7. The Consultant shall designate a single point of contact for each scope of work;
8. The Consultant shall maintain an overarching understanding of all necessary services
during times of multiple task order implementation-preventing over-commitment of
available resources and promoting a better understanding of additional resources that may
be needed;
Professional Services Agreement Page 12 of 14
9. The Consultant shall maintain institutional knowledge of Jefferson County procedures and
protocols for invoicing procedures, plan preparation protocols, and the County
communication protocols;
10. The Consultant shall be reliable; responsive; and available by phone, email, and virtually,
as needed;
11. The Consultant shall use clear, easy-to-understand communication with the public,
developers, engineers, property owners, contractors, and other interested parties in
understanding code requirements and the development process; and,
12. The Consultant shall build trust and familiarity when interacting with the local community.
These components are not independent; rather, they are integral pieces that allow the Consultant
to create effective and efficient solutions in an era of regulatory and political complexity. The
Consultant has invested in training to develop these competencies in the Consultant's staff so that
The Consultant can deliver exceptional project management and delivery services to the County.
The Consultant's project managers have the support of a strong technical team that is committed
to each project for its full duration.
Professional Services Agreement Page 13 of 14
APPENDIX "B"—PAYMENT PROVISIONS
Consultant shall be paid for its reasonable and necessary fees and costs pursuant the requirement
in this Appendix "B." The County shall have the right to withhold payment to Consultant for
any work not completed in a satisfactory manner until such time that Consultant modifies such
work to the satisfaction of the County. Fees shall be based on the Labor Rate Schedule below:
LABOR RATE SCHEDULE
Classification Hourly Rate
Senior Planner $195
Planner 2 $116
tanner 4 $170
[Project Manager- Environmental Review $247
Labor Rate Schedule Term.The Labor Rate Schedule is effective as of the Effective
Date and shall be effective for the duration of this Agreement or until amended and
mutually agreed upon by Consultant and the County.
Annual Adjustments. Hourly rates shall be adjusted annually based on the
Consultant's typical merit and cost of living adjustment process, but in any event
proposed increases shall not exceed the annual Seattle-Tacoma-Bellevue CPI-W
plus 1% in any year.
Fees Explained. Fees are based upon hourly rates and are calculated by multiplying
the time spent by the hourly rates in effect at the time the work is performed.
Billing Increments. Time spent by Consultant personnel is recorded in increments of 15 minutes.
Costs Explained. Costs typically incurred on behalf of the County may include the
items in the categories identified in the Disbursement Schedule below:
DISBURSEMENT SCHEDULE
Type of Cost' Amount of Charge
Database or other data management costs No Charge
Photocopying Up to 100 pages no charge; $0.15 per page after
100 pages
Postage and Delivery Services At cost
Courier service or next day service such as At cost
Federal Express
Mileage At the then prevailing IRS reimbursement rate
Pre-approved travel2 At Cost
'Other disbursements are generally charged at cost, depending on the nature of the item.
2Travel must be pre-approved by the Director in writing.
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Attachment 1
(The remainder of this page is intentionally blank)
FUTURE STAFFING AND
CONSULTANT AGREEMENT
FOR THE PLEASANT HARBOR
MASTER PLANNED RESORT '
' This document is being negotiated and is subject to the deliberative process exemption of the
Public Records Act. Approval of any final agreement is conditioned on approval or delegation at
an open public meeting by motion made and passed by the Jefferson County Board of County
Commissioners.
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FUTURE STAFFING AND CONSULTANT AGREEMENT
FOR THE PLEASANT HARBOR MASTER PLANNED RESORT
This Agreement is made between Jefferson County and PHMPR. (All terms in bold in this
Agreement are defined in Section 2.4, below.)
1 RECITALS
1.1 WHEREAS, on June 4, 2018, the Jefferson County Board of County
Commissioners adopted Ordinance No. 03-0604-18 (approving development regulations for the
Master Planned Resort), and Ordinance No. 04-0604-18 (approving a development agreement
between Jefferson County and PHMPR);
1.2 WHEREAS, after legal challenges by The Brinnon Group to Ordinance No. 03-
0604-18 (approving development regulations for the Master Planned Resort)and Ordinance No.
04-0604-18 (approving the development agreement between Jefferson County and PHMPR),
Jefferson County adopted Ordinance No. 08-0722-19. which approved the Development
Agreement, amending the June 4, 2018 development agreement approved in Ordinance No. 04-
0604-18;
1.3 WHEREAS, the Development Agreement contemplates additional permits for
developing the Master Planned Resort;
1.4 WHEREAS, RCW 82.02.020 allows Jefferson County to collect reasonable fees
from an applicant for a permit or other government approval to cover the cost to the County of
processing applications;
1.5 WHEREAS, by the Settlement Agreement,the Parties resolved the Past Billing
Dispute, where PHMPR claimed that certain fees charged by Jefferson County related to the
Development Agreement were not reasonable and violated RCW 82.02.020:
1.6 WHEREAS, the Parties wish to avoid future billing disputes about timely
payment of invoices for reasonable charges for work done by Jefferson County employees or
consultants on the additional permits required for developing the Master Planned Resort and
monitoring by Jefferson County required by the Development Agreement;
1.7 WHEREAS, Jefferson County follows the International Building Code practice
of assessing permit fees based on the estimated value of a building when issuing building permits;
1.8 WHEREAS, the Parties agree that the Jefferson County's standard operating
procedure (SOP)pertaining to Stock Plans shall apply to this project to reduce the permit fee for
plans reviewed by DCD and approved for use on multiple sites;
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1.9 WHEREAS, the Parties agree that any additional fee for Stock Plans resulting
from adoption by Jefferson County of new ICC codes will be equal to the cost of the staff time
for any additional building review caused by this adoption but shall not be based on the building
valuation;
1.10 WHEREAS, DCD cannot allocate the resources necessary to timely and
consistently process the additional permits for developing the Master Planned Resort;
1.11 WHEREAS, the Parties agree that Jefferson County should retain the Contract
Planner at the expense of PHMPR to timely and consistently process the additional permits for
developing the Master Planned Resort;
1.12 WHEREAS, the Parties agree that Jefferson County may need to retain Other
Consultants, managed by the Contract Planner or JCWQ and that PHMPR is responsible to
pay all the reasonable fees and costs related to that work;
1.13 WHEREAS, Jefferson County agrees to provide PHMPR an opportunity to
review and approve any potential Consultant retained by Jefferson County to review future
permits and approvals for the Master Planned Resort; and,
1.14 WHEREAS, Appendix N of Development Agreement provides a water quality
monitoring plan that satisfies the requirements in JCC 17.80.020(2) and requires oversight from
Jefferson County;
1.15 WHEREFORE, the Parties hereby agree to the terms and conditions in this
Agreement; and,
1.16 NOW,THEREFORE, inconsideration of the mutual promises and obligations in
this Agreement and for other good and valuable consideration, the receipt and sufficiency of
which the Parties acknowledge, the Parties agree to these terms and agree to be bound by the
terms and conditions in this Agreement.
2 TERMS OF THIS AGREEMENT
2.1 Parties Bound.
This Agreement applies to and is binding upon, and inures to the benefit of each of the Parties.
The persons signing this Agreement on behalf of the Parties certify that they are fully authorized
to enter into the terms and conditions of this Agreement and to execute this Agreement.
2.2 Effective Date,
This Agreement is effective on the date the last Party executes this Agreement.
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2.3 Purnoses of this Agreement.
The purposes of this Agreement are to: (a) Provide a mechanism for Jefferson County to meet
its obligations to timely and consistently process the additional permits for developing the Master
Planned Resort; (b) Ensure timely payment for only the reasonable fees of Jefferson County
authorized by RCW 82.02.020 to timely and consistently process the additional permits for
developing the Master Plan ned Resort;(c)Ensure Invoices contain a reasonable amount of detail
,to allows for evaluation of the reasonableness fees billed therein: and, (d) Ensure timely payment
for only the reasonable fees of Jefferson County for overseeing monitoring and mitigation
activities of PHMPR required by Chapter 17.80 JCC and the Development Agreement.
2.4 Definitions,
2.4.1 Words used in this Agreement are to be taken and understood in their natural and
ordinary sense. Words not defined in this request have their usual and ordinary meaning in the
context used and as defined in the Dictionary by Merriam-Webster (htti)s://www.mert-iam-
webster.com/), unless this Agreement indicates that a different meaning was intended. Whenever
these terms are used in this Agreement (including, without limitation, this Section 2.4), the
meanings in this Section 2.4 apply.
2.4.2 Singular/Plural: The use of the singular form of a word includes the plural form
and vice versa.
2.4.3 And & Or: "and" means "or" and "or" means "and," to make the term inclusive
rather than exclusive.
2.4.4 "Agreement" means this Future Staffing and Consultant Agreement for the
Pleasant Harbor Master Planned Resort.
2.4.5 "Base Permit Fee" means the permit fee charged by Jefferson County for land
use permits as updated annually.
2.4.6 "Building Inspector"means a building inspector performing building inspections
at the Master Planned Resort who either is employed by Jefferson County or a is commercial
building inspector hired by Jefferson County and who has a working knowledge of modular and
panelized engineered construction.
2.4.7 "Consultants" means the Building Inspector. the Contract Planner, the
Environmental Consultant and Other Consultants.
2.4.8 "Contract Planner"means the planner selected under Section 2.5.
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2.4.9 "DCD"means Jefferson County's Department of Community Development.
2.4.10 "Development Agreement" means the modified development agreement adopted
in Jefferson County Ordinance No. 08-0722-19.
2.4.11 "Ecology" means the Washington State Department of Ecology.
2.4.12"Effective Date"means the date described in Section 2.2.
2.4.13 "Environmental Consultant"means a person licensed as a professional geologist
in the State of Washington,who.reviews and assesses the water quality monitoring and mitigation
activities of PHMPR required by the Water Quality Monitoring Plan.
2.4.14 "ICC" means the International Code Council.
2.4.15 "Invoices" means Invoices for Contractor Services and 1 nvoices for County
Services.
2.4.16 "Invoices for Contractor Services" means the invoices identified in Section
2.9.1.
2.4.17 "Invoices for County Services" means the invoices identited in Section 2.9.2.
2.4.18 "Jefferson County" means Jefferson County, Washington.
2.4.19 "JCC" means the Jefferson County Code, published by Code Publishing at
https://www.codepublishing.com/WA/Jcl'ferson('otitity .
2.4.20 "JCWQ"means the Jefferson County Public Health Water Quality Division.
2.4.21 "Master Planned Resort' means the Pleasant Harbor Master Planned Resort
covered by the Development Agreement and the development regulations in Division II of Title
17 JCC.
2.4.22 "Parties" means Jefferson County and PHMPR, collectively.
2.4.23 "Party"means one of the Parties.
2.4.24 "Past Billing Dispute"means the billing dispute resolved by a settlement between
the Parties, etTective March 3, 2022.
2.4.25 "Other Consultants" means persons to perform services for the County with
specialized expertise or knowledge that the Building Inspector, the Contract Planner or JCWQ
does not have and which Jefferson County determines are necessary to process permit
applications or monitoring reports under the Water Quality Monitoring Plan.
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2.4.26"PHMPR" means Pleasant Harbor Marina and Golf Resort, LLC, a Washington
limited liability partnership, UBI Number: 602 815 685.
2.4.27 "RCW" means the Revised Code of Washington.
2.4.28 "Retainer Account" means the account required by Section 2.6.1.
2.4.29 "Settlement Agreement" means the settlement agreement between the Parties
with an effective date of March 3, 2022.
2.4.30 "Stock Plan" means a building plan that has been reviewed by DCD whose
reproduction for use on one or more sites is permissible with reduced building fees as outlined in
DCD's standard operating procedure for stock plans.
2.4.31 "Water Quality Monitoring Plan" the water quality monitoring plan required by
Condition 63-R of Ordinance No. 01-0128-08 that was prepared as Appendix N to the
Development Agreement.
2.5 Selection of Consultants.
2.5.1 The Parties agree that Jefferson County shall hire a Contract Planner; and,
Other Consultants, as needed. Jefferson County shall enter into a professional
services agreement after a competitive process to select a Contract Planner on
terms and conditions consistent with Jefferson County's standard professional
services agreement template attached as Exhibit 1. Contract Planner; and,Other
Consultants will be selected by Jefferson County only with PHMPR's express
written consent which shall not be unreasonably withheld, conditioned or delayed.
PHMPR shall have 10 days after nomination of the Consultants by notice given
in writing by Jefferson County to object in writing to the nomination; otherwise,
consent is waived.
2.5.2 The Parties agree that PHMPR shall hire the Environmental Consultant. The
Environmental Consultant shall be paid for by PHMPR through a yearly reserve
maintained by PHMPR. The Environmental Consultant will be selected by
PHMPR only with Jefferson County's express written consent, which shall not
be unreasonable withheld, conditioned or delayed. Jefferson County shall have
10 days after the Environmental Consultant is nominated by notice given in
writing by PHMPR to object in writing to the nomination; otherwise, consent is
waived. Jefferson County consents to the retention of Scott Bender as the
Environmental Consultant. A copy of Scott Bender's resume is attached as
Exhibit 2.
2.5.3 The Contract Planner shall be responsible for accepting and reviewing all
applications filed by PHMPR for consistency with the Development Agreement.
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the JCC and other applicable laws or regulations. The Contract Planner shall
make good faith efforts to return comments or requests for corrections on any
application submitted by PHMPR within 20 business days of receipt of an
application. If the Contract Planner cannot provide comments or requests for
corrections within 20 business days, the Contract Planner shall notify PHMPR
and provide an estimate of when comments will be returned and the reason for
additional review time.
2.5.4 if the Contract Planner or JCWQ determines that Other Consultants are
required and Jefferson County does not have staff capable of completing the
needed reviews, then Jefferson County shall notify PHMPR of the need to hire
Other Consultants and shall promptly begin the retention process. The Parties
shall use best efforts to come to an agreement on the scope and services of the
Other Consultants. However, if no such agreement can be reached, PHMPR
retains the right to object to the services provided by the Other Consultants as not
reasonable.
2.6 Fees for Building Permits.
2.6.1 Basis for Building. Permit Pees. PHMPR shall be responsible for paying all
applicable building permit fees as outlined in JCC 15.05.030(1) at the time of the application for
the building permit; provided, however, that PHMPR shall be entitled to reimbursement for any
unearned permit fees.
2.6.2 Building Base ices.PHMPR understands and agrees to pay all applicable building
based fees customarily charged by Jefferson County,which may include, but not be limited to, a
building base fee(DCD010),a land use review fee(DCD018),a plan check review fee(DCD019),
a water system approval fee(EH160),a scanning fee (DCD022)and a State fee(DCD 032).
2.6.3 Pgvment of Building Permit Fees. Payment of building permit fees shall be paid
based on an estimate of the fair market value of the structure covered by the building permit..
Payment of the entire estimate must be made by PHMPR before any work by Jefferson County
begins on a building permit application. After Jefferson County completes all the work required
to issue a building permit, it will advise PHMPR of the final total building permit fees incurred
and issue a refund of any unspent portion of the plan check fee.
2.6.4 Disputes on Total Fees for Building Permits. Disputes about the total building
permit fee shall be subject to the dispute resolution provision in Section 3.2.
2.7 Fees for Water Onality Monitoring Repuired by the NVater Oualih
Monitoring Plan. The Water Quality Monitoring Plan requires PHMPR to conduct certain
water quality monitoring and mitigation activities, including the periodic submission of data to
JCWQ. PHMPR agrees to pay Jefferson County for the reasonable costs of the JCWQ to
review the data submissions required by the Water Quality Monitoring Plan.
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2.8 Payment by PHMPR for the Services of the Building Inspector the Contract
Planner.and Other Consultants. PHMPR shall pay for the services of the Building Inspector,
the Contract Planner, and Other Consultants, as required by this Section 2.8.
2.8.1 Rctaincr Account. Jefferson County shall establish the Retainer Account with
the Auditor and Treasurer of Jefferson County for the deposit of funds from PHMPR to ensure
that payments to the Building Inspector,the Contract Planner,and Other Consultants are made
timely and consistently to pay for their work contemplated by this Agreement.
2.8.2 QCposits to jetainer Account. PHMPR shall deposit in the Retainer Account an
initial amount of$30,000, from which Jefferson County may draw upon to cover any undisputed
amounts that PHMPR does not timely pay as required by Section 2.9.7 PHMPR shall
immediately replenish the Retainer Account
2.8.3. Failure to Replenish the Retainer Account. Jefferson County, the Building
Inspector, the Contract Planner. and the Other Consultants shall suspend all work on
applications for permits until PHMPR replenishes the Retainer Account as required by Section
2.8.2.
2.9 Billing Process.
2.9.1 Submission of Invoices for Contractor Services. DCD shall send to PHMPR
Invoices for Contractor Services incurred in excess of the applicable Base Permit
Fee not later than 30-days after receipt by DCD.
2.9.2 Submission of Invoices for County Services. DCD shall send to PHMPR
Invoices for County Services by 45 days following the performance of work.
Failure by DCD to bill for such services under the requirements of this Section
1.9.2, shall not be subject to payment by PHMPR. DCD shall collect billing
information from other County departments for transmission to PHMPR under this
Section 2.9.2.
2.9.3 Transmission and Receiut of Invoices. Invoices for Contractor Services and
Invoices for County Services shalt be summitted by DCD to PHMPR by email,
which shall promptly be acknowledged by return email by PHMPR. Invoices
transmitted by DCD to PHMPR shall be deemed received by PHMPR on the date
they are sent.
2.9.4 Invoice Detail. Invoices for Contractor Services and County Services shall bill
time in quarter hour increments and provide a reasonably description of the work
performed. Quarter hour increments shall be the minimum billing increment for
invoices.
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2.9.5 PHYIPR has 30 Days After Kegejpt to Obiec:t to Entries in an Invoices. PHMPR
has 30 days to object to an entry on a submitted Invoice for Contractor Services
or Invoice for County Services. Objection shall be made by each entry to which
there is an objection, stating the reason(s) for the objection to every disputed entry
on an invoice. Failure by PHMPR to object to any entry on a submitted invoice or
before 30 days after receipt, shall be deemed a voluntary waiver of objection.
?.9.6 Transmission and Recgint of Objections to Invoices. Objections to Invoices for
Contractor Services and Invoices for County Services shall be summitted by
PHMPR to DCD by email, which shall promptly be acknowledged by return email
by DCD. Objections to invoices transmitted by PHMPR to DCD shall be deemed
received by DCD on the date they are sent.
2.9.7 PHMPR Must Makc Payment I,L All Undisputed Amounts within 45 Days.
PHMPR must pay all undisputed amounts within 45 days of receipt of a submitted
Invoice for Contractor Services or Invoice for County Services. In the event
PHMPR fails to make timely payment as required by this Section Jefferson
County may, in its sole discretion, immediately draw upon the Retainer Account
to satisfy unpaid Invoice for Contractor Services or Invoice for County Services
Interest shall accrue monthly as a fractional percentage of 7 percent annually and
shall compound monthly until paid by PHMPR. The failure by PHMPR to pay all
undisputed amounts or any interest because of its failure to pay undisputed
amounts, shall constitute a material breach of this Agreement, which PHMPR
understands will cause the County stopping all work on pending for permits.
2.9.8 Dispute Resolution for Billing Disputes, PHMPR and DCD shall attempt to
resolve any billing disputes within 15 days of receipt of any objection sent to DCD
by PHMPR. Upon a failure to resolve any billing disputes under this Section 2.9.6,
the dispute resolution procedures in Section 3.2 shall apply.
2.10 Subnji}sion and Review of Renort Required by Section V421 of the Water Quality
Monitoring Plan. PHMPR agrees to provide to JCWQ the report required by
Section VI(2) of the Water Quality Monitoring Plan which satisfies the
performance standards required by Section VI (8) of the Water Quality
Monitoring Plan. The report will include best management practices to be applied
so that when all appropriate combinations of individual best management practices
are utilized, PHMPR will not cause a violation of water quality criteria. PHMPR
will establish baseline conditions at least 60 days prior to submitting the first
development application, as required by Section VI of the Water Quality
Monitoring Plan. JCWQ shall provide comments on the report to PHMPR
promptly. The format for the report shall be provided to JCWQ
within 30 days after the Effective Date. JCWQ shall provide comments on the
format of the report to PHMPR promptly.
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2.1 I Satisfaction of Settlement AErreement Condition.
The Parties agree this Agreement, once effective, constitutes completion of the
Future Staffing Agreement in Section 2.5 of the Settlement Agreement, and
payment of S83.823.16(eighty-three thousand, eight hundred, twenty-three dollars
and sixteen cents), the remaining one-half of the settlement amount required to be
paid by the Settlement Agreement.
3 GENERAL PROVISIONS
3.1 Controlling Law.
It is understood and agreed this Agreement is entered into in the State of Washington. It is agreed
this Agreement is be governed by and construed under the laws of the United States and of the
State of Washington as if applied to transactions entered into and to be performed wholly within
Washington between Washington residents. No Parties may argue or assert than any law other
than Washington law applies to the governance or construction of this Agreement.
3.2 Disputes.
The Parties agree to use their best efforts to prevent and resolve disputes before they escalate into
claims or legal actions. Any disputed issue not resolved under this Agreement shall be submitted
in writing within 10 days to the County Risk Manager, whose decision in the matter shall be final,
but shall be subject to judicial review. If either Parties deems it necessary to institute legal action
or proceeding to enforce any right or obligation under this Agreement,the prevailing party in such
action shall be entitled to recover its attorneys' fees and court costs. Any legal action shall be
initiated in the Superior Court of the State of Washington for Jefferson County, subject to the
venue provisions for actions against counties in RCW 3 01 0 0.
3.3 Entire Aercen►ent.
This Agreement is an integrated agreement and it contains the entire agreement between the
Parties relating to this subject and its terms are contractual, not a mere recital. Except as
specifically provided in this Agreement, this Agreement supersedes all prior or simultaneous
representations, discussions, negotiations, and agreements, whether written or oral. This
Agreement supersedes and controls all prior communications between the Parties or their
representatives relative to the matters in this Agreement.
3.4 Severability.
Provided it does not result in a material change in the terms of this Agreement, if any provision
of this Agreement or the application of this Agreement to any person or circumstance shall be
invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and the
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application this Agreement shall not be affected and shall be enforceable to the fullest extent
permitted by law.
3.5 Survival.
Those provisions of this Agreement that by their sense and purpose should survive the term of
this Agreement shall survive the term of this Agreement Without limiting the generality of the
preceding sentence, and to avoid doubt, the provisions that survive the term of this agreement
include: (a) controlling law; (b)disputes; and, (c) indemnification.
3.6 No Inducements.
The Parties acknowledge there have been no inducements or representations upon which am
party have relied in entering into this Agreement,except as expressly set forth in this Agreement.
3.7 No Third-Parties Beneficiaries,
The Parties do not intend, and nothing in this Agreement will be construed to mean, that any
provision is to benefit any other person or entity who is not a Settling Parties.
3.8 Modification of this Agreement.
This Agreement may be amended or supplemented only by a writing signed by duly authorized
representatives of all the Parties.
3.9 Signature in Counterparts.
The Parties agree that separate copies of this Agreement may be signed by each of the Parties
and this Agreement will have the same force and effect as an original signed by all the Parties.
3.10 Facsimile and Electronic Sisnatures.
The Parties agree that a facsimile, copied, or scanned signature of this Agreement will have the
same force and effect as an original signed by all the Parties.
3.11 Cooperation.
The Parties agree that they will facilitate, in good faith, the effectuation of this Agreement.
3.12 Voluntary Undertaking,
The Parties acknowledge that they have read this Agreement and fully know the contents of this
Agreement and its legal effect. This Agreement is entered into voluntarily and with no coercion
by or undue influence by any person, firm, or corporation.
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3.13 Investigation and Complete Understanding.
The Parties acknowledge that they have made such investigation of the facts pertaining to this
Agreement and all matters in this Agreement as they deem necessary, desirable,or appropriate.
The Parties expressly understand that the facts later may turn out to be other than or different from
the facts now known or believed to be true.The Parties expressly assume the risk of such different
facts and agree that all provisions of this Agreement will remain effective and enforceable and
not subject to termination or rescission because of any such different facts.
3.14 Independent Legal Advice and Investigation.
In entering into this Agreement, the Parties acknowledge that they have received independent
legal advice from their own counsel and have relied on their own investigation and upon the advice
of their own attorney regarding the advisability of making the settlement provided in this
Agreement.
3.15 No Oral Waiver.
No term or provision of this Agreement will be considered waived by either Settling Parties,and
no breach excused by either Settling Parties, unless such waiver or consent is in writing signed
on behalf of the Settling Parties against whom the waiver is asserted. No written consent by either
Settling Parties to, or waiver of, a breach by either Settling Parties, whether express or implied,
will constitute a consent to, waiver of, or excuse of any other, different, or subsequent breach by
either Settling Parties.
3.16 Arms-Length Negotiations.
The Parties agree this Agreement has been negotiated at alms-length, with the assistance and
advice of competent, independent legal counsel.
3.17 Joint Drafting Effort.
The Parties acknowledge and agree that the drafting of this Agreement has been a joint effort by
the Parties and this Agreement will not be deemed prepared or drafted by any one of the Parties.
This Agreement will be interpreted fairly and under their intent and not for or against any Parties.
The Parties further acknowledge and agree that each of the Parties possesses equal bargaining
power regarding this Agreement.
3.18 Notice.
All communications, notices and demands of any kind which a Party under this Agreement
requires or desires to give to any other Party shall be in writing deposited in the U.S.mail,certified
mail postage prepaid, return receipt requested, and addressed as follows:
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To.Jefferson County:
Director
Jefferson County Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
cc:
Board of County Commissioners
P.O. Box 1220
Port Townsend, WA 98370
Prosecuting Attorney
P.O. Box 1220
Port Townsend, WA 98370
To PHMPR:
c/o M. Garth Mann
Statesman Group of Companies Ltd.
9300 E. Raintree Drive, Suite 100
Scottsdale, Arizona 85269
cc:
John T. Cooke
Houlihan Law
100 N. 35th St.
Seattle, WA 98103
3.19 Attachments.
Any document in this Agreement identified as an attachment is part of this Agreement and is
incorporated by reference into this Agreement.
3.20 Reference to Sections in this .Agree in c n t.
Any reference to a section in this Agreement is a reference to a section of this Agreement, unless
clearly stated to the contrary.
311 Hcadinp_s.
March 17,2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
Page 13 of 16
The section headings in this Agreement are included as a matter of convenience and are not
intended to and will not be construed as affecting the terms and conditions of this Agreement.
4 REPRESENTATIONS AND WARRANTIES.
The Parties represent and warrant:
4.1 That each is fully authorized to enter into this Agreement;
4.2 That each has taken all necessary actions to duly approve the making and
performance of this Agreement and that no other approval is necessary:and,
4.3 That each has read this Agreement in its entirety and know the contents of this
Agreement, that the terms of this Agreement are contractual and not merely recitals, and that
each has signed this Agreement, having obtained the advice of legal counsel_
(SIGNATURES FOLLOW ON NEXT PAGES)
March 17,2023 Version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
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THE UNDERSIGNED HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO ITS TERMS:
PIYASANT HARBOR MARINA AND GOLF RESORT,UY
M. Garth MwVi, MAAW-
Date: : l�C !SlZ3
Approved as to F�
r
JT Cooke,Counsel for PHMPR
Date: May 23,2023
March 17,20U Version ckaa FUTURE STAFFING AND CONSULTANT AGRESN4BNT FOR
TAT. PIAASANT HARWR MASTER PLANNED RESORT
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THE UNDERSIGNED HAVE READ AND UNDERSTAND THE FOREGOING AND
AGREE TO ITS TERMS:
JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS
7A at' ���
Greg t on, air
Date: /0 Z
Kate Dean, Mcmbcr
Date: h I S 123 _
'V
Hei i ITIsenhour. Member
Date: Hl S/Z ? ...
FtpkSON co'�ti
Attest: �� ,#wsslk Gym s
Cthl�� wG �;'v� Fp. .cs
Carolyn G�Ilaway, , o�
Clerk of the Board Nam'•. SEAL j
Date: l T �0Z
Oot.WASN'�,r+'f
Approved as to Form:
C
Philip C. Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Date: May 8,2023 i
March 17,2023 version clean FUTURE STAFFING AND CONSULTANT AGREEMENT FOR
THE PLEASANT HARBOR MASTER PLANNED RESORT
Page 16 of 16
EXHIBIT 1
PROFESSIONAL SERVICES AGREEMENT FOR
THIS PROFESIONAL SERVICES AGREEMENT ("this Agreement") is entered into between
the County of Jefferson, a municipal corporation ("the County"), and
_ ("the Contractor"), in consideration of the
mutual benefits, terms. and conditions specified below.
1. Proiect Designation.tion. The Contractor is retained by the County to perform the following
Project:
2. Scope of Services. The Contractor agrees to perform the services identified on Exhibit"A"
attached hereto including the provision of all labor.
3. Time for Performance. This Agreement shall commence on and
continue through . Work performed consistent with this Agreement
during its term, put prior to the adoption of this Agreement, is hereby ratified. The
Contractor shall perform all services pursuant to this Agreement as outlined on Exhibit
"A". Time is of the essence in the performance of this Agreement.
4. Payment. The Contractor shall be paid by the County for completed work and for services
rendered under this Agreement as follows:
a. Payment for the work provided by The Contractor shall be made as provided on
Exhibit "B" attached hereto, provided that the total amount of payment to The
Contractor shall not exceed$ without express written modification of
this Agreement signed by the County.
b. Invoices must be submitted by the 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.
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.E.R. Part 230.
Professional Services Agreement, 1CPH, Version 2, PAO Approved 5r512023 Page I of i
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 pastor
present employees, officers, agents, elected or appointed officials or volunteers (and their
marital communities), from and against all claims,losses or liability,or any portion thereof,
including reasonable attorney's fees and costs, arising from injury or death to persons,
including injuries,sickness,disease or death to the Contractor's own employees,or damage
to property occasioned by a negligent act, omission or failure of the Contractor. The
Contractor shall be liable only to the extent of the Contractor's proportional negligence.
The Contractor specifically assumes potential liability for actions brought against the
County by the Contractor's employees, including all other persons engaged in the
performance of any work or service required of the Contractor under this Agreement and,
solely for the purpose of this indemnification and defense, the Contractor specifically
waives any immunity under the state industrial insurance law. Title 51 R.C.W. The
Professional Services Agreement, 1CPH, Version 2. PAO Approved 5;5i2023 Pagr 2 of I I
Contractor recognizes that this waiver was specifically entered into pursuant to provisions
of R.C.W. 4.24.1 1 5 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(S 1,000,000)per occurrence and an aggregate of not less than
two (2) times the occurrence amount ($2,000,000.00 minimum) for bodily injury,
including death and property damage, unless a greater amount is specified in the
contract specifications. The insurance coverage shall contain no limitations on the
scope of the protection provided and include the following minimum coverage:
i. Broad Form Property Damage, with no employee exclusion;
ii. Personal Injury Liability, including extended bodily injury;
iii. Broad Form Contractual/Commercial Liability — including coverage for
products and completed operations;
iv. Premises—Operations Liability (M&C);
v. Independent Contractors and subcontractors:
vi. Blanket Contractual Liability.
c. Professional Liability Insurance. The Contractor shall maintain professional
liability insurance against legal liability arising out of activity related to the
performance of this Agreement, on a form acceptable to Jefferson County Risk
Management in the amounts of not less than $1,000,000 Each Claim and
$2.000,000 Aggregate. The professional liability insurance policy should be on an
"occurrence" form. If the professional liability policy is "claims made," then an
extended reporting periods coverage(tail coverage)shall be purchased for three (3)
years after the end of this Agreement, at the Contractor's sole expense. The
Contractor agrees the Contractor's insurance obligation to provide professional
liability insurance shall survive the completion or termination of this Agreement
for a minimum period of three (3) years.
Professional Services Agreement, JCPH, Version 2. PAO Approved 5/5/2023 Page 3 of i I
d. The County shall be named as an "additional named insured" under all insurance
policies required by this Agreement,except Professional Liability Insurance when
not allowed by the insurer.
e. Such insurance coverage shall be evidenced by one of the following methods: (a)
Certificate of Insurance; or, (b) Self-insurance through an irrevocable Letter of
Credit from a qualified financial institution.
f. The Contractor shall furnish the County with properly executed certificates of
insurance that, at a minimum, shall include: (a) The limits of overage: (b) The
project name to which it applies; (c) The certificate holder as Jefferson County,
Washington and its elected officials, officers, and employees with the address of
Jefferson County Public Health 615 Sheridan Street, Port Townsend, WA 98368,
and, (d) A statement that the insurance policy shall not be canceled or allowed to
expire except on thirty (30)days prior written notice to the County. If the proof of
insurance or certificate indicating the County is an "additional insured"to a policy
obtained by the Contractor refers to an endorsement(by number or name) but does
not provide the full text of that endorsement, then it shall be the obligation of the
Contractor to obtain the full text of that endorsement and forward that full text to
the County. Certificates of coverage as required by this section shall be delivered
to the County within fifteen(15)days of execution of this Agreement.
g. Failure of the Contractor to take out or maintain any required insurance shall not
relieve the Contractor from any liability under this Agreement, nor shall the
insurance requirements be construed to conflict with or otherwise limit the
obligations concerning indemnification of the County.
h. The Contractor's insurers shall have no right of recovery or subrogation against the
County (including its employees and other agents and agencies), it being the
intention of the parties that the insurance policies, with the exception of
Professional Liability Insurance, so affected shall protect both parties and be
primary coverage for all losses covered by the above described insurance.
i. Insurance companies issuing the policy or policies shall have no recourse against
the County(including its employees and other agents and agencies) for payment of
any premiums or for assessments under any form of policy.
j. All deductibles in the above described insurance policies shall be assumed by and
be at the sole risk of the Contractor.
k. Any deductibles or self-insured retention shall be declared to and approved by the
County prior to the approval of this Agreement by the County. At the option of the
County, the insurer shall reduce or eliminate deductibles or self-insured retention,
or the Contractor shall procure a bond guaranteeing payment of losses and related
investigations,claim administration and defense expenses.
I. Insurance companies issuing the Contractor's insurance policy or policies shall
have no recourse against the County (including its employees and other agents and
Professional Services Agreement, JCPK Version 2. PAO Approved 5/5/2023 Page 4 of I I
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 .and endorsements for each
subcontractor. All insurance provisions for subcontractors shall be subject to all
the requirements stated herein.
t. The insurance limits mandated for any insurance coverage required by this
Agreement are not intended to be an indication of exposure nor are they limitations
on indemnification.
u. The Contractor shall maintain all required insurance policies in force from the time
services commence until services are completed. Certificates, insurance policies,
and endorsements expiring before completion of services shall be promptly
replaced. All the insurance policies required by this Agreement shall provide that
thirty (30) days prior to cancellation, suspension, reduction or material change in
the policy, notice of same shall be given to the Jetfierson County Public Health
Contracts Manager by registered mail, return receipt requested.
v. The Contractor shall place insurance with insurers licensed to do business in the
State of Washington and having A.M. Best Company ratings of no less than A-,
with the exception that excess and umbrella coverage used to meet the requirements
Professional Services agreement, 1CPH. Version 2, PAO Approved 5/5/2023 Page 5of 11
for limits of liability or baps 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.
M 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 RC W,
for the term of this Agreement and shalt provide evidence of coverage to Jefferson
County Public Health, upon request.
b. Worker's compensation insurance covering all employees with limits meeting all
applicable state and federal laws. This coverage shall include Employer's Liability
with limits meeting all applicable state and federal laws.
c. This coverage shall extend to any subcontractor that does not have their own
worker's compensation and employer's liability insurance.
d. The Contractor expressly waives by mutual negotiation all immunity and
limitations on liability, with respect to the County, under any industrial insurance
act, disability benefit act, or other employee benefit act of any jurisdiction which
would otherwise be applicable in the case of such claim.
c. If the County incurs any costs to enforce the provisions of this subsection, all cost
and fees shall be recoverable from the Contractor.
11. Independent Contractor. The Contractor and the County agree that the Contractor is an
independent contractor with respect to the services provided pursuant to this Agreement.
The Contractor specifically has the right to direct and control the Contractor's own
activities, and the activities of its subcontractors, employees, agents, and representatives,
in providing the agreed services in accordance with the specifications set out in this
Agreement. Nothing in this Agreement shall be considered to create the relationship of
employer and employee between the parties. Neither the Contractor nor any employee of
The Contractor shall be entitled to any benefits accorded County employees by virtue of
the services provided under this Agreement, including, but not limited to: retirement,
vacation pay; holiday pay; sick leave pay; medical, dental, or other insurance benefits;
fringe benefits; or any other rights or privileges afforded to Jefferson County employees.
The County shall not be responsible for withholding or otherwise deducting federal income
tax or social security or for contributing to the state industrial insurance program,otherwise
assuming the duties of an employer with respect to the Contractor, or any employee of the
Contractor.
12. Subcontracting Requirements.
Professional Services Agreement, 1CPH, Version 2, PAO Approved 5i512023 Page 6 of i t
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 tide 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 emplo,,ees or procurement
of materials or supplies.
15. No Assignment. The Contractor shall not sublet or assign any of the services covered by
this Agreement without the express written consent of the County. Assignment does not
include printing or other customary reimbursable expenses that may be provided in an
agreement.
16. Non-Waiver. Waiver by the County of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
17. Termination.
a. The County reserves the right to terminate this Agreement at any time by giving
ten (10)days written notice to the Contractor.
Professional services Agreement, JCPH. Version 2. PAO Approved 5i5/2023 Page 7 of!I
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:
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. Moditication of this A Rrecment. This Agreement may be amended only by written
instrument signed by both County and Contractor.
21. Disputes. The parties agree to use their best efforts to prevent and resolve disputes before
they escalate into claims or legal actions. Any disputed issue not resolved pursuant to the
terms of this Agreement shall be submitted in writing within 10 days to the County Risk
Manager,whose decision in the matter shall be final, but shall be subject to judicial review.
If either party deem it necessary to institute legal action or proceeding to enforce any right
Professional Services Agreement, 1CPH, Version 2. PAO Approved 5/5/2023 Page 8 oC]1
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
shalt be enforceable to the fullest extent permitted by law.
26. Binding on Successors I leirs and Assigns. This Agreement shall be binding upon and
inure to the benefit of the parties' successors in interest, heirs, and assigns.
27. No Assignment. The Contractor shall not sell,assign, or transfer any of rights obtained by
this Agreement without the express written consent of the County.
28, No Third-party beneficiaries. The parties do not intend, and nothing in this Agreement
shall be construed to mean, that any provision in this Agreement is for the benefit of any
person or entity who is not a party.
29. Signature in Counterparts. The parties agree that separate copies of this Agreement may
be signed by each of the parties and this Agreement shall have the same force and effect as
if all the parties had signed the original.
30. Facsimile and Electronic Signatures. The parties agree that facsimile and electronic
signatures shall have the same force and effect as original signatures.
31, Arms-Length Negotiations. The parties agree that this Agreement has been negotiated at
arms-length, with the assistance and advice of competent, independent legal counsel.
Professional Services Agreement, JCPH, Version 2. PAO Approved 5/5/2023 Page a or 1
32. 111uhlic Records Act. Notwithstanding the provisions of this Agreement to the contrary,to
the extent any record, including any electronic, audio, paper or other media, is required to
be kept or indexed as a public record in accordance with the Washington Public Records
Act, Chapter 42.56 RCW,as may hereafter be amended, the Contractor agrees to maintain
all records constituting public records and to produce or assist the County in producing
such records,within the time frames and parameters set forth in state law. The Contractor
further agrees that upon receipt of any written public record request, Contractor shall,
within two business days, notify the County by providing a copy of the request per the
notice provisions of this Agreement.
33.Confidentiality. With respect to all information relating to County that is confidential and
clearly so designated, as required by the Health Insurance Portability and Accountability
Act (RIPAA) and any other applicable privacy laws, the Contractor agrees to keep such
information confidential. The Contractor shall not disclose, transfer, or sell any such
information to any party, except as provided by law or, in the case of personal information,
with the prior written consent of the person to whom the personal information pertains.
The Contractor shall maintain the confidentiality of all personal information and other
information gained by reason of this Agreement, and shall return or certih• the destruction
of such information if requested in writing by Jefferson County. This Agreement, once
executed,will be a"public record"subject to production to a third party if same is requested
pursuant to, the Washington Public Records Act,Chapter 42.56 RCW,as may hereafter be
amended.
34. Criminal History/Background Check. Each of the Contractor's employees, the employees
of any of the Contractor's approved subcontractor, or volunteers used by the Contractor
shall submit to a Washington State Patrol fingerprint identity and criminal history check
before they are authorized to perform services for the Project. The County agrees to bear
all reasonable costs incurred in the performance of this fingerprint identity and criminal
history check. Contractors who may or will have regular access or limited access to any
juveniles shall also:
a. Require that each of the Contractor's employees, the employees of any of the
Contractor's approved subcontractor, or volunteers used by the Contractor
undergo not less often than once every three(3)years another 1etYerson County
approved criminal history and background check;
b. Ensure all employees, subcontractors, or volunteers are knowledgeable about
the requirements of RCW 13.40.570 and of the new crimes included in RCW
9A.44, Sexual Offense;
C. Sign the Contractor Requirements for Responding to Situation of Sexual
Misconduct Form, and shall submit to Jefferson County with signed
Agreement.
DATED this day of .20
(SIGNATURES FOLLOW ON THE NEXT PAGE)
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page 10 of I I
SIGNATURE PAGE
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
Name of the Contractor Heidi Eisenhour,Chair
Contractor Representative(Please print) Kate Dean, Member
(Signature) Greg Brotherton, Member
Title
Date
Approved as to form only:
Philip C. Hunsucker Date
Chief Civil Deputy Prosecuting Attorney
Professional Services Agreement, JCPH, Version 2, PAO Approved 5/5/2023 Page I t of 11
EXHIBIT 2
STATEMENT OF QUALIFICATIONS B F N D E R
CONSULTING, LLC
ATyhiJ Gerwftirts SOl�iio„
SCOTTF. BENDER C.G.W,P., R.P,G
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Cam .41nd.WA"202
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REGISTRATIONS
Certified Ground Water Professional: NGWA(518)
Registered Professional Geologist: Oregon(G2714)
Registered Professional Hydrogeologist: Washington(874)
Registered Professional Geologist: Washington(874)
Professional Geologist:California(GEO 9503)
CORPORATE SUMMARY
Bender Consulting, LLC is a consultancy in groundwater science and engineering —
specializing in construction dewatering design services, water supply, water rights support,
and dispute resolution related to hydroge000gy. We support the legal, construction,
engineering, and environmental industries. A unique hydrogeologic consulting firm that
specializes in these fields; we offer the proven ability to develop innovative yet sensible
groundwater solutions that satisfy project performance, design criteria, and schedule. Our
goal is to reduce risk for our clients engaged in design and construction, and to provide a
sound, technical, and defendable understanding of the groundwater regime to our legal and
engineering clientele. In the end, we deliver practical solutions to groundwater challenges.
Scott Bender is the Principal of the firm with 38 years of applied experience in water supply,
groundwater control, and water rights. He has provided over 800 dewatering designs. His
work is innovative and award winning. He has won ASCE Engineering Excellence Awards
for his groundwater control system designs for projects at the U.S. Embassy site in Bogota,
Columbia and at the Boston Central Artery in Boston,Massachusetts. He has conceptualized
and implemented new mitigation methods for acquisition of water rights. He has managed
the groundwater evaluations or designed the groundwater control systems across the United
States and abroad. He has designed dewatering systems for the majority of the large-scale
underground construction projects in the greater Seattle area including the design for all of
the groundwater control systems for the Alaskan Way Viaduct (Bertha) tunnel drive access
and exit pits,approaches, and rescue shafts.
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RELEVANT EXPERIENCE
Groundwater Control
Dewatering and Recharge System Design. Fort Point Channel,Boston Central Artery,Boston,
MA. Performed aquifer testing and dewatering and recharge system design for the largest open
excavation in the United States at Section C09133 of the Central Artery Project (interstate 90) in
Boston, Massachusetts. The excavation and construction of the 300- by 1,600- by 60-foot-deep
casting basin adjacent to the Fort Point Channel had serious potential impacts to adjacent
manufacturing facilities. A groundwater recharge system was designed to maintain static
piezometric levels and prevent off-site impacts to these structures. The groundwater control
system design for the Boston Central Artery project was awarded a 1999 Engineering Excellence
Honor award by the American Consulting Engineers Council and was referred to as the "jewel of
the Central Artery Project".
Groundwater Control Analyses,Denny Way CSO Tunnel in Seattle, WA. Project hydrogeologist
for geotechnical evaluation of soil conditions of the Denny Way CSO Tunnel in Seattle,
Washington.
Groundwater Control Analyses,Sound Transit U-Link Light Rai! Transit System,Seattle, WA.
Project hydrogeologist for groundwater-related engineering studies. Over 130 groundwater-
monitoring instruments were installed to depths of 270 feet along the 5-mile tunnel alignment. A
conceptual groundwater flow system model was developed to assign hydrostatic pressures,
identify hazards during tunneling conditions, and inflow analyses for construction of the tunnel
and stations.
Dewatering Design for the U.S Embassy in Bogota, Colombia. Performed site tests and the
dewatering design for the construction of a U.S. Embassy in Bogota, Colombia. This study
included both local and regional analysis of the groundwater system in a 600-foot-thick lakebed
sequence of sands.clays, and organics. A recharge system was also required to minimize off-site
impacts from lowering the piezometric surface. Lowering the piezometric surface,in combination
of installing wick drains and preloading, successfully resulted in 6 feet of settlement and
consolidation at the ground surface. This complex system utilized 22 pumping and 28 recharge
wells.
Groundwater Control Design and muter Rights,Safeco Field,Seattle, WA. Designed permanent
groundwater control system beneath the playing field and deep structures of Safeco Field in
downtown Seattle. We played a key role in delineating basin areas, discussing groundwater
attributes with Ecology, and final acquisition of the water right for irrigation of the play field.
Dewatering Design, Riverfront Station, St. Loins, MO. Provided a dewatering design for the
construction of a casino on the Missouri River. The construction site extended 100 feet into the
river. A dewatering system was required to limit flooding within the construction site at high
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stages of the river. Three-dimensional groundwater modeling was performed to design the system.
which included modeling beneath and through a sheet pile cofferdam.
Groundwater Control Analyses, Tri-Met Light Rail Transit System, Portland, OR. Performed
aquifer analysis and computer modeling to predict groundwater inflows to the Tri-Met Light Rail
Tunnel during tunnel construction. This complex three-dimensional modeling effort simulated
drainage into the tunnel during excavation of the tunnel. The host material was a highly fractured
portion of the Grande Rhonde basalts in Portland, Oregon.
Construction Dewatering Designs, Sand Island Wastewater Treatment Plant, Honolulu,
Hawaii. Designed dewatering systems for the Effluent Pump Station, Headworks,and Hart Street
Pump Station projects related to upgrades of the Honolulu Wastewater Treatment Plant. The
dewatering designs evaluated the requirements for installing deep pipes and structures low
permeability lagoonal deposits to very pervious coral and coral gravels. Discharge limitations
pushed the project into a value-engineering phase during construction. and ultimately required
that a number of structures be redesigned.
Third Runway Embankment and South 1541" Street Improvements, Seattle, Washington.
Performed geologic characterization and dewatering design for two dewatering systems: the
embankment on the west side of the runway, and the 154'h Street Improvement on the north end
of the runway. This section was underlain by a shallow water table aquifer and a deep confined
aquifer that was interconnected at various parts of the alignment. A combination of deep wells
and well points were installed to lower the water levels in both aquifers.
Jackson Park Golf Course Improvements, Seattle, Washington. Performed geologic
characterization and dewatering system design for modification of the Jackson Park Golf Course
in Seattle. The project included re-routing of the stream and construction of ponds. The site was
underlain by an artesian aquifer with heads over 15 feet above ground surface in areas. Excavation
for the ponds and streams required lowering the piezometric heads to prevent blowout of a thin
peat and silt confining unit.
Washington Park Reservoir Improvements, Portland, Oregon. Performed site testing and
provided the dewatering designs for various walls at the Washington Park Reservoir
Improvements, much of the site work was in the vicinity of active slope movement.
University of Washington Ambulatory Surgery Pavilion, Seattle, Washington. Provided a
dewatering design for a deep excavation near Montlake in variable glacial soils. The site was
underlain by till, an outwash of variable permeability, and a lower aquitard immediately below
subgrade.
Waste Management Sewer Improvements, Woodinville, Washington. As part of their permit to
upgrade their facilities. Waste management was required to install a deep sewer line along about
800 feet of their property. The two aquifers were connected at one location. A deep pressure
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reduction system was installed to minimize the potential for heave of the excavation bottom; a
well point system was then installed to control shallow groundwater pressures.
Henderson Transfer/CSO Project,Seattle. Washington
Provided a dewatering design and subsurface instrumentation design and monitoring for select
shafts. Shafts included Outlet Regulator Portal, Martin Luther King Inlet Regulator and Martin
Luther King Junction Manhole,these were up to 85 feet deep.
ReTrac,Reno,Nevada Designed a groundwater control system to allow collection and treatment
of groundwater below subgrade for rapid construction.
Wayne Morse Federal Courthouse, Eugene, Oregon. Designed a groundwater control system
for courthouse foundation in a historic river channel filled with very pervious sands and cobbles
underlain by clay.
Centralia Wastewater Treatment Plant, Centralia, Washington. Performed dewatering testing
and analyses for the dewatering design at the treatment plant and related facilities.
Bellevue Direct Access, Bellevue, Washington. Performed dewatering testing and dewatering
analyses for shallow and deep aquifers along a 1,000-foot, deep segment of the new freeway ramp
construction.
Williams Gas Pipeline,Auburn, Washington. Designed groundwater control system of a 23-foot
cut for pipeline installation next to the White River. The pipeline invert was constructed beneath
a low-permeability clay that was overlain by high permeability outwash and alluvium. System
discharge was over 3,000 gpm.
Cemetery Creek Sewer Project, Snohomish, ifoshington. Designed a dewatering system for
deep sewer installation. The site soils were a complex hydrogeologic arrangement in truncated
glacial soils.
Grain Receiving Building and Conveyor Tunnel, Port of Longview, Longview, Washington.
Designed a deep well dewatering system consisting of 22 wells discharging on the order of 800
gallons per minute per well. This system lowered groundwater levels over 27 feet.
Gog-le-hi-te Habitat Action project, Tacoma, Washington. This project required deep pressure
reduction to eliminate basal heave of an exaction beneath a previous landfill. The system was
designed to eliminate aquifer cross connection so that contaminants were not introduced into the
waste stream while allowing excavation beneath the stage of the Puyallup River.
Brightwater Central Contract, Bothell, Washington. As part of the Brightwater Sewage
Treatment Plant and Conveyance project, designed a number of dewatering systems for
installation of pipelines. The dewatering systems also included pressure reduction for two shafts
over 90 feet deep.
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All American Canal Lining Project, El Centro,California. Performed extensive site testing and
design for construction of a new canal supplying irrigation water for the Imperial Irrigation
District. The canal was constructed adjacent to and across an existing unlined canal that carries
about 14 percent of the Colorado River flow; leakage from the existing canal had raised local
groundwater levels over 50 feet. The project was one of the largest construction dewatering
projects in the history of the country.
Picnic Point Wastewater Treatment Plant, Snohomish County, Washington. Designed a deep
well groundwater control system for deep facility structures in an outwash channel. The structures
were constructed using a variety of shoring systems from secant piles to soil nails.
Juanita Pump Station, Kirkland, Washington. Designed groundwater control systems for a
variety of deep structures for the Juanita Pump Station. These included a deep pressure reduction
system for the 80-foot-deep shaft, a shallow recharge system, jacking shaft, and TBM rescue
systems.
Elliot Way CSO Project,Seattle, Washington. Designed groundwater control systems for jacking
and receiving shafts and a TBM rescue shaft adjacent to Lake Union.
Brightwater Tunnel Safehaven Designs, Bothell, Washington. Designed four safehavens for
slurry tunnel machines that were as great as 300 feet deep. Safehavens were necessary for
inspection and repair of premature wearing of the tunnel boring machines.
Alaskan Way Tunnel project,Seattle, Washington. Dewatering designer for all deep excavations
for the world's largest soft ground tunnel bore located in Seattle Washington. Prepared
dewatering design for all surface works excavations,tunnel launch and receiving pits and roadway
approaches. Performed extensive testing and remedial dewatering design for construction of the
rescue shaft.
Alaskan Way Electrical Utility Line Relocation Projects, Seattle, Washington. Performed the
dewatering designs for al l four electrical relocation projects that moved high power transmission
lines from beneath the historic Alaskan Way Viaduct to below grade. The projects required
minimization and careful dewatering to avoid ground surface settlements and damage to existing
utilities and structures. Groundwater recharge was also performed.
Sound Transit N125 Tunnel Project,Seattle, Washington. Provided dewatering designs for 17
cross passages, two major stations, and two portals for the twin tunneling project between the
University of Washington and Northgate in Seattle.
Boeing Site Improvements, Renton, Washington. Over the past 20 years have provided the
majority of dewatering design plans and recommendations at the Boeing Facility in Renton,
Washington.
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West Longview Sewer Diversion Project, Longview, Washington. Responded to a failed
dewatering installation for installation of new sewer in Longview, Washington. The
hydrogeology was re-assessed, and a new dewatering system designed during construction.
Aquifer testing was performed to define the final design.
SR 520 Fish Passage Structures,Bellevue, Washington. Designed groundwater control systems
for seven fish passage structures being installed below the new SR 520 freeway. The dewatering
systems had to consider that the excavations could only be dewatered during weekend closings of
the freeway.
Wevvide Subway Extension Project, Los Angeles, California. Provided site-wide test and
dewatering designs for four major subway stations. Also provided dewatering designs for cross
passage excavations in alluvial soil and tar-impacted soils.
Regional Connector Subway Project, Los Angeles, California. Provided dewatering designs for
two major subway stations.
Mud Mountain Fish Hatchery Improvements, Buckley, Washington. Responded to artesian
pressure and high permeability soil differing site condition observed during construction of the
fish hatchery improvements on the left bank of the White River. After site testing designed a
dewatering system to provide a dry and stable excavation; the system discharged in excess of
4.000 gpm. Designed a second system for the right bank.
Sound Transit U220 Safehaven and Cross Passage Dewatering Designs, Seattle, Washington.
Prepared dewatering designs for four potential sites where boulders could impede the progress of
tunneling. The design work included evaluation of a complicated hydrogeologic setting combined
with limitations of installing a dewatering system in an urban setting.
Oregon State Capitol Renovations Dewatering Design, Salem, OR. Performed aquifer testing
and dewatering designs for renovations of the Capitol Building. The renovations included
excavating a new deeper floor beneath the majority of the main building, and two new vaults at
the ends of the building.
Weber Metals, Los Angeles, California. Provided emergency response and dewatering design
recommendations for a failing excavation outside of Los Angeles, California. The excavation
was near full depth with sidewall collapse and a heaving base of excavation. Provided alternative
groundwater control for successful site dewatering and excavation
El Dorado Dam Modifications, Pollack Pines, California. Provided site-wide testing and
dewatering designs for excavation at the toe of the dam for stability improvements. The
dewatering system used an innovative well design and layout to control deep groundwater
pressures in both soil and bedrock underlying the earthen dam.
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NEBT Tunnel Construction, Washington, DC. Provided dewatering designs for tunnel shafts
and surface structures along the tunnel alignments.
Clear Branch Dam Improvements, Parkdale, Oregon. Provided site testing and dewatering
design to the Clear Branch dam on the flanks of Mt.Hood,Oregon. The earthen dam had a history
of seepage and improvements were necessary for one of the spillways. The work involved
characterization of seepage pathways and processes and formulation of remedial measures.
Sound Transit U230 Cross Passage Dewatering Design, Seattle, Washington. Performed
aquifer testing and design for two cross passages in tight but leaky soils for the U230 twin tunnel
project between Capitol Hill and Downtown Seattle.
Sound Transit U230 Cross Passage Dewatering Design, Seattle, Washington. Performed
aquifer testing and provided dewatering design recommendations for a cross passage that mining
determined was at risk for SEM excavation.
Construction Dewatering, Boeing Storm Drainage Improvement Facility, Algona, WA.
Designed a groundwater withdrawal and injection system for construction dewatering of a
Boeing storm drainage improvement facility. A dewatering system was necessary because of
high water table conditions near a fish-bearing stream in a very high permeability aquifer.
North Creek Sewer Improvements, Mill Creek, Washington. Provided dewatering designs
for open cut, excavation, tunnel shafts, and open-face tunneling alignments for a series of
sewer improvements in Mill Creek. The alignments ran through very complicated geology
consisting of a highly pervious shallow aquifer and a deep confined aquifer with heads over
20 feet above ground surface. The alignments went through both aquifers. This was one of
the largest and most complicated dewatering systems constructed in Washington State.
Dewatering System Design for Sewage Treatment Plant Construction, Roi Numar-
Kwajalein Atoll, Republic of the Marshall Islands. Provided dewatering system design for
construction of a sewage treatment plant. The project included a hydrogeologic
characterization of the coral and limestone aquifers underlying the sites. Because of
environmental limitations placed on discharging the system effluent to the ocean,known karst
areas were utilized for recharge of dewatering system effluent.
Groundwater Evaluations
Lake Retreat Camp and Conference Center, Ravensdale, Washington
The Lake Retreat Camp and Conference center has a long history of operating on a marginal
groundwater supply system. A regional characterization was performed to identify a new supply
source. Two wells were drilled;each well produces usable quantities of groundwater.
Yodelin Water System Improvements, Stevens Pass, Washington
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The Yodelin water system serves about 70 lots just east of Stevens Pass. Bender Consulting was
engaged to find a reliable supply that would meet Department of Health's requirements. We
performed a geologic and geophysical reconnaissance of the area. A water supply well was then
drilled and installed.
Morningtide Water Right Application,Jefferson County, Washington
A golf course on Marrowstone Island required a water right for irrigation. The golf course
collects shallow groundwater interflow in a series of ponds,and uses the water for irrigation.
The water right analysis considered a number of attributes of the sea level aquifer, which
typically lies about 100 feet below ground surface. The groundwater analysis consisted of
performing water balance calculations. Ecology also required us to evaluate wetlands and
fisheries impacts.
Camp Kalman Water Supply, Granite Falls, Washington
A national educational and religious group recently purchased a partially developed property for
its children educational retreat program. The previous owners had recently completed a water
right agreement with Ecology. The difficulty with the area delineated for supply was that there
were significant wetlands, low-permeability sediments,and bedrock flutes which changed rapidly
in elevation from above ground surface to 50 feet or more below ground surface within a matter
of feet. Two wells were drilled which supply about twice the camp's needs.
Thermal Injection Well Field Design and Monitoring, Caribbean Utilities Company, Grand
Cayman Island, RWI. Performed site drilling and testing for development of a hot water disposal
well field for the Caribbean Utilities Company on Grand Cayman Island. The injection well field
was a new, innovative method for disposal of water used to cool the diesel engines used for power
generation. The design model, written for this project, is the first of its kind for evaluation of
thermal decay in a transient groundwater flow system. The system was presented to and accepted
by the government. The system was placed in operation in 2000.
Regional Groundwater Supply Investigation for Conifer Ridge, Snoqualmie Valley, WA. The
study identified a deep aquifer that was in hydraulic connection with nearby surface water bodies.
Based on development of a conceptual groundwater flow system and subsequent parametric
analyses, one of the first mitigated groundwater right permits in Washington since 1996 was
obtained for the water supply. This innovative mitigation plan was fully endorsed by the Tulalip
Tribes and the Washington State Department of Ecology.
City of St. Louis Groundwater Supply Investigation, A Louis, Missouri. Performed baseline
geologic and hydrogeologic investigations for converting a majority of the city's water supply
source from the Missouri River to groundwater. Identified a potential aquifer for the supply wells.
Testing and aquifer evaluation work identified and designed a well field capable of supplying 70
million gallon per day to the city.
Lone Star Quarry, Jefferson County, WA. Performed a third-party review of the groundwater-
related impacts associated with expansion of Lone Star's Mats Mats quarry in Jefferson County.
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This review, performed for the County, evaluated the potential for water quality and quantity
impacts to residents in the vicinity of the project due to deepening of the quarry.
Aquifer Recharge Model, U.S. Geological Survey, Puyallup, WA. Implemented a groundwater
recharge model in the Lower Puyallup River Basin, Tacoma, Washington. The project
encompassed an area extending I I miles up the river, from Hylebos Creek to the upland areas of
Tacoma. This model, developed by and run during tenure with the U.S. Geological Survey, was
the first regional recharge model of its kind performed in western Washington. Model
construction and analyses included data acquisition and evaluation for streamflow, land use, soil
type, vegetation, aspect, and weather, as well as conversion of the model from arid to temperate
climate-based evapotranspiration subroutines. A technical report was produced on model
application and results.
Roseburg Landfill Expansion, Douglas County, OR. Performed groundwater evaluation and
testing to assist the design team with evaluation of groundwater flow criteria and control options
for a new 20-acre lined landfill expansion. The new landfill involved 500,000 cubic yards of
extraction that intersected these seepage zones; groundwater was a critical issue in protecting the
integrity of the new liner system.
Environmental Impact Statement, Renton, KA. Performed a local and regional hydrologic
evaluation of surface and groundwater conditions and estimated impacts to these systems from a
proposed development near Renton. The work performed within the environmental impact
statement also required estimates of the impacts of the development to water quality and on a
nearby wellhead protection area.
Groundwater and Surface Water Impact Analysis, U.S. Army Dugway Proving Ground Salt
Lake City, Utah. Project Manager for a study at a major government facility for National Pollutant
Discharge Elimination System(NPDES)permitting. The study involved the examination of over
100 facilities to determine their status under NPDES industrial facility criteria. Drainage patterns,
basins, and outfalls were then identified to determine runoff potential from industrial facilities.
Groundwater Supply Investigation,Morton, WA. Performed a groundwater supply investigation
for the City of Morton, Washington. The project was performed to rind an alternative municipal
water supply to replace the current surface water supply, which was threatened by debris flows in
an area of concentrated timber harvesting. The final report provided recommendations for three
areas that could potentially provide high yields of good quality groundwater that was not in
hydraulic connection with a surface water body.
Groundwater Supply, Healy,AL. Performed pumping test analysis and provided water supply
well exploration recommendations for a coal-fired electrical generation plant at a remote site in
southern Alaska. The site was located above a highly fractured, steeply dipping, interlayered sand
and siltstone aquifer. Well interference and limited yield made siting future wells particularly
difficult.
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Environmental Impact Statement, Orting, WA. Performed regional and local hydrogeologie
investigation of the impacts of a proposed development near Orting, Washington. The project
also identified potential impacts of groundwater supply to springs with established water rights.
Landslide Stability, Black Diamond, WA. Evaluated the natural groundwater flow system and
impacts of storm water runoff on the stability of a historic landslide along the Auburn-Black
Diamond Road in King County. The study compared calculated versus observed impacts of the
surface water input to groundwater levels for a number of storm events.
Wellhead Protection, Upper Skagit Indian Tribe, Sedro-Woolley, WA. Provided a wellhead
protection plan for the Upper Skagit Indian Tribe near Sedro-Woolley, Washington. This plan,
funded by the EPA, was the first of its kind for a Tribe in Washington State, and is to be used by
the EPA as a model for other Tribes in the state.
Wellhead Protection, Town of Beaux Arts, WA. Performed analytical modeling to determine the
size and boundaries of a wellhead protection area for the Town of Beaux Arts Village, Washington.
The study was two phased; it first delineated critical aquifer recharge areas for the Growth
Management Act requirements and then utilized this information for a wellhead protection area
delineation.
Regional Wellhead Protection, Benton and Franklin Counties, WA. Performed a regional
Wellhead Protection Plan for the Benton/Franklin Regional Council. The plan provided wellhead
protection area delineations for six cities with wells completed in shallow alluvial and deep basalt
aquifer systems. This study provided Combined Management Areas for protecting the water
supplies. A potential contaminant survey was performed. Contingency plans and detailed
planning measures were provided for protection of the supply.
Wellhead Protection, Pu)allup, WA. Provided wellhead protection area delineations for six wells
and two major springs of the City of Puyallup's water supply sources. The project included
construction of a complex hydrogeologie conceptual model involving four major aquifers.
Analytical modeling was performed to delineate the protection areas.
Regional Wellhead Protection, Upper Yakima Valley, WA. Provided Wellhead Protection Areas
for eight municipal water purveyors in the Upper Yakima Valley Regional Wellhead Protection
Plan. The delineated areas were calculated using a modified analytical delineation technique
prepared for the project. These were prepared for wells which collect groundwater in a complex
bedrock and older alluvial aquifer system.
Water Rights
Expert Witness Support and Testimony, Undisclosed Federal Case, WA. Provided expert
analyses for a Federal lawsuit in Washington State. Water use, saltwater intrusion, and changes
in area recharge characteristics due to development are key components of the case.
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Water Supply and Water Right Testimony, Conifer Ridge Golf Course, Washington. Testified
in front of the Washington State Pollution Control Hearings Board regarding groundwater
withdrawals for irrigation of Conifer Ridge Golf Course. The testimony was key evidence for
initiating a settlement originated by Bender Consulting involving surface water mitigation. This
was one of the first mitigated groundwater right permits in Washington State since the 1996 batch
water right denial and was fully supported by the Tulalip Tribes and the Washington State
Department of Ecology.
Groundwater Right Purchase, Maple Valley, WA. The water supply system was considered an
emergency health issue by Ecology and Health. A water right holder investigation was performed
to identify target water rights that had not been perfected. We then approached a number of water
right owners and assisted in the negotiations with the final seller.
Groundwater Right Purchase, Graham, W4. Contacted water right holders in the greater
Graham area for water right purchase to support a development expansion. Water right holders
that met the transfer criteria are were approached for purchase. Ecology was active in the process
and is providing guidelines and assistance in the project.
Steamboat Island Road water System Design and Consolidation Project, Thurston County, WA.
Project Hydrogeologist for the Steamboat Island Road Water System Design and Consolidation
project. This project, performed for Thurston County Department of Water and Waste
Management, required an evaluation of eight separate, usually smaller water systems that were to
be consolidated into one system. Water rights were evaluated for inchoate rights, water right
transfers, and consolidation issues.
Postema Groundwater Appeal, Snohomish County, WA. The Postema case was one of the first
hydraulic continuity water right cases to go in front of the Pollution Control Hearings Board since
the 1996 batch processing by Ecology. Performed a review of the aquifer system the wells were
completed in and evaluated the hydraulic connection with nearby surface water bodies, Proposed
a mitigation method to supplement surface water resources for certification of the water right.
Expert Witness Dispute Resolution
Expert Witness Testimony for Tunnel Collapse. Provided expert witness testimony for a S56
million construction claim for collapse of a 30-foot-diameter tunnel constructed in Milwaukee,
Wisconsin. The testimony included a review of the geologic and hydrogeologic testing and
analyses performed, identifying the standard of practice for groundwater testing and analyses
during the mid-1980s, and evaluating whether the designer's work conformed to that standard.
Kxpert Witness Support and Testimony, Water Rights, Undisclosed Federal Case, WA. Provided
expert analyses and testimony for a Federal lawsuit in Washington State. Water use, saltwater
intrusion, and changes in area-wide recharge characteristics due to development were key
components of the case.
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Expert Witness Testimony Jor Oxnard WWTP, Oxnard, California. Provided expert testimony
for a construction claim for dewatering of the improvements to the Oxnard Wastewater Treatment
Plant.
Dispute Resolution, Highway 55/62 Interchange Design, Minneapolis,Minnesota. The design
for a new interchange in Minneapolis called for temporary and permanent groundwater control.
The local water district filed suit to prevent the dewatering on the grounds that it would interrupt
the flow from a spring that had historical significance. We provided a third-party review under
court order to address the groundwater flow system and the potential impacts the interchange
design would have on the flow system.
Arbitrator, Coweeman Punip Station, Kelso, Washington. Arbitrated a dispute over a
dewatering-related claim raised during the construction of the Coweeman Pump Station. The
dispute was over the percentage of fines below subgrade and their effects on soil permeability.
Our decision was binding and presented to both parties for settlement of the case.
Expert Witness Testimony jor Box Calvert Failure,St Louis, Missouri. Provided expert witness
testimony for a construction claim for related to the settlement and related damages of a 1,700
long box culvert. An opinion was provided regarding the suitability of the design relative to
ground conditions, and the suit was settled based largely on our testimony.
Expert Witness Testimony for Box Culvert Construction, Flynt, Michigan. Provided expert
witness support and testimony for a construction claim for related to dewatering for a box culvert
excavation up to 35 feet deep. An opinion was provided regarding the suitability of the design
relative to ground conditions and that dewatering according to the specification was unachievable.
Expert Witness Support, Interurban Pump Station, Seattle, Washington. Provided expert
witness support on behalf of Safeco Insurance for dewatering-related impacts. The fact finding
led to a quick resolution and settling of the case.
Expert Witness Support, Webb Case,Riverside, California. Provided expert witness support on
inability to dewater tunnel shafts on a river crossing project in Riverside, California.
Expert Witness Support,Sound Transit M200, Bellevue, Washington. Provided expert witness
support regarding excavation and dewatering for the Maintenance Facility.
Expert Witness Support, Issaquah Fish Hatchery, Issaquah, Washington. Provided expert
witness support regarding a failed dewatering system during construction of the Issaquah Fish
Hatchery Improvements. The testimony was decisive during project mitigation.
Landslide Cause and Effect, City of Seattle, Seattle, WA. Provided expert witness support on
behalf of the City of Seattle for causation of a variety of landslides that impacted residences. Such
slides included two cases on Perkins Lane, S.W. Massachusetts Street, Dayton Street, and two
cases on Alki Point. Most cases included the evaluation of the source of water, both natural and
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man-made. Significant work was performed addressing changes in vegetation and land use on
aquifer recharge. All cases were ruled in favor of the City.
Expert Support for Tunnel Shaft Differing Site Condition, Bismarck, North Dakota. Provided
expert witness support and testimony for a tunnel shaft that was intended to be excavated in
bedrock; the ground conditions were actually highly pervious outwash soils.
Water Supply, Water Rights, and Testimony, Lake Cassidy Golf Course, Snohomish County,
WA. Performed a regional hydrogeologic investigation for the installation of a water supply well
field for irrigation of a 36-hole golf course near Lake Cassidy, Washington. A 500 gpm well was
installed in an area traditionally known to have limited well yields. Water rights and potential
impacts had been an important issue to the surrounding community. Testimony was provided
before the County commissioner regarding potential impacts to neighboring wells.
Dispute Resolution, Cana! Leakage, Royal City, WA. Performed groundwater modeling to
determine a groundwater mass balance for canal leakage near Royal City. The claim in the dispute
was that canal leakage flooded and ultimately damage orchards in the vicinity of the irrigation
supply canals. This study utilized monthly water level measurements,canal levels and flow rates,
and weather data to determine the quantity of groundwater due to leakage from the canal.
EDUCATION
M.S.,Geology, University of Idaho, 1991
B.S.,Geology, University of Washington, 1987
REGISTRATIONS
Certified Groundwater Professional: NGWA(518)
Licensed Hydrogeologist: Washington (874)
Licensed Geologist: Washington (874)
Licensed Engineering Geologist: Washington(874)
Registered Professional Geologist: Oregon (G1642)
Professional Geologist: California(GEO 9503)
PROFESSIONAL ASSOCIATIONS
National Groundwater Association
Washington Hydrologic Society
t -c_l, - - r Page 13
C sl!,rr�SoM Bender Imcum nwProyoHi130q K4h*zQ Bendw LLC S00 MI docx
FIRS F AMENDMENT "FO FUITURt S I AFFING AND CONSUL i ANT
AGREEMENT FOR THE PLLASANT HARBOR MASTER
PLANNED RLSORi
1 his First Amendment to the Futurrs Staffing and Consultant Agreement for the Pleasant Harbor
Master Planncd Rpor1 (this "First .Amendment") amends the Future Staffing and Consulting
Agreement hrt.+.cen Jefferson County and Pleasant Harbor Manna and Golf Resort LLP ("thc
Agreement) is entered into es of the efTective date
RECITALS
WHEREAS, Jefferson County, and PHMPR entered into the .Agreement, effective June
S, 2023, and,
WHEREAS. Section .2 10 of the Agreement requires that for surface water,"PHMPR will
establish baseline conditiorLs at least(,0 days prior to submitting the first development application,
as rrywrrd by Section VI of ter W ester Quality Monitoring Plan. arid,
WHEREAS,PHMPR's em irvnmental consultant submitted a report to Jefferson County
on May 21. 2024 stating that for surface water baseline conditions have been established. and,
WHEREAS, Jefferson County'% environnx ntA consultant; have reviewed PHMPR's
report and the data submitted with it on May 21, 2024 and agree with the May 21, 2024 report's
coeiclusion that for surface water baseline conditions have been estjbli�hcd. and.
WHEREAS, the Water Quality `tanagc"icnt Flan. Appendix N u, the de%cioprnent
agreement("WQNW-) state,:
Prior to the date of application of the application fur the first
&-vt;loprr><nt pennit. the Resort must provide a repod to the Jefferson County
Public Health's Water Qualm Doision 0CWQ)of the best management practices
to bu applied so that when all appropnate combinations of Individual best
management practices are utilized. the Rt,-tidxt will rwit eawse a violation of water
quality criteria.
W Q M P. Section IV 2; and,
WHEREAS, Section 2 10 of the Agreement rcqutrt-s that the requirrd rrporl "will include
best nwiagement practices to he applied so that when all appropriate combinations of individual
best management practices arc utilized PHMPR will not cause a vk)4ation of water quality
criteria:' end.
WHEREAS, the Parties alpvc that the list of hest management practices attached u
App--radix I to this Fir91 Ame.nrtrnent satisfies the requirement in WQMP,Section 1%, 2, and,
N HERt AS, the purpose of the 60-day re4uiremcnt in Section 2.10 of the Agreement watt
to give Jefferson County adequate time to review and comment on a report discussing the baseline
and best management prachccs requirement; and,
I
WHEREAS,Jefferson County already has had adequate time to review and comment the
surface water hiLWI nc drid bLst management practices requirement: and,
WHEREAS, the Parties agree having the list of best management practices attached as
,,�ptxnjal to this First Amendment will facilitate the annual review ofhesr management practices
required in the WQMP; and,
WHEREAS, the Parties desire to amend the Agreement to clarify that PHMPR has
satisfied the requirements for establishing the baseline for surface water and the best management
practices required by WQMP, Section IV 2 and, the 60-day review time is no longer needed before
submitting the report to apply for a development permit, and,
NOW THEREFORE in consideration of the murual promises and obligations in this First
Amendment and for other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledge, the Parties agree as follows
AMENDMENT
I. Definitions. F xcept as may have been modified in this First Amendment, the
definitions in the Agreement apply to this First Amendment
2. Submi%sion and Revicw of Report Required by Section VD(2) of the Water
Quality Monitoring Plan. Section 2 10 of the agreement is deleted in ils entirety and replaced
with the following
Suhmi.Nsion any} Review of kepon keuuired h-, Section VIt21 of the Water Quality
MoiLLring t!AIL PHMPR has provided to the environmental consultant fix Jefferson
Coonty JC'WQ a report dated June 5. 202.1 that is required by Sccli(in VI12)of the Water
Quality Monitoring Plan, which Jefferson County's envitcmmental cexisultant agrers
establishes haselinc conditions fix surface water as required by Section VI of the Water
Quality Monitoring Plan. P11MPk and Jefferson County agree that the best
rnanagerrx nt standards attached a-s Appendix I to this Future Staffing and Consultant
AeTeement shall apply and satisfy the requirement in Section VI IR) of the Water
Quality Monitoring Plan for a list of all best management practices to he applied so that
when all appropriate combinations of individual hest management practices are
utilired, PHMPR will not cause a violation of water quality criteria
3. Conflict Uapiiahmd terms used herein and not otherwise defined shall have the
mcaomgs given in the Agreement. If there is any conflict between the terms, conditions and
provisions of this First Amendment and of the Agreement, the terms, conditions and provisions of
this First Amendment shall prevail.
4. Miscellaneotu Except as expressly modified by this First amendment, all terms.
covenants and provisions of the Agreement shall remain unmodified and in full force and effect
and are hereby expressly ratified and confirincd This First Amendment reflects the entire
agreement of the Partks with respect to amending the terms of the Agreement and this First
Amendment supersedes all prior discussions and understandings regarding the amendment of the
Agreement With respect to the subject matter hereof, neither Party will be bound by any
2
4 �1
understanding,agrecnirnt, promise, representation or stipulation,express or implied, riot Specified
herein. If any of the provisions of this First .Amendment be fowid to be invalid, illegal or
unenforceable by any court of competent jurisdiction, such pn)vision shall he stncken and the
remainder of this First Amendment shall nonelhelem remain in full force and effect unless sinking
such pro-vision shall materially alter the intention of the Parties
5. Autboriq t ach Party represents and warrant~ that the person signing this First
Amendrrwitt on tachalf of sub h Party is autbxxvcd to execute and deliver this First Amendment
and that thi, First Amendneni will thereby become binding upon such ratty.
6. Counterparts. This First Arnendrnent may be executed in axinterparts. each of
.-,hich will be deemed to be an onginal, but all of which together will constitute one and the same
document
7. Effective Date. This First Amendment shall be efTecuooe on the date the last Party
,iKns it
In WITNE&S WHEREOF, the Parties have executed this l-irst Amendment as of tie dates
wntten below.
(SIGNATURES APPEAR 0', THE FOLLOWING PAGES)
t
PLEASANT HARBOR MARINA AND GOLV RESORT, LIP
er
Jc,h ,lt c l Pro)crt Manager
Dstr (� _-L Y_ _ o Z Y ---
4
AF FERSON COCr V"TY BOARD OF COLNTV COMMISSIONFILS
Approvea le+ephcrvcolt,,
Kate [can. Chpir
Brodwerton, Member — -
Due;
lleidi Eis our. Member -
Date ", y
C'U 01Yf Gilsway.
Cleric of the Board
Dine:
Approved as to Form:
O. 0
June 1.4, 202_4 _
F%Iip C Hunsucker,
Chief Civil Deputy Prosecuting Attorney
Date:
5
APPENDIX I
JUNF' 11, 2024 BEST MANAGEMEN( PRAC I ICES
FOR I HE PLLASANT HARBOR MASTER PI.ANNFD REM)RT
(INCLUDINC THE PLEASANT 11ARBOK MARINA)
the following is a full list of best )management practices(BMPs) PHMPR shall implement. Some
HMP% are not water quality related and arc included for convenience of a single document that
outlines all BMPs The Pleasant Harbor Manna and Golf- Rcw)n D.LP (PHMPR) shall use the
BMPs listed in this document at the Pleasanl Harbor Master Planned Resort
Them are three phases in which the BMPs shall be used Pre-con%tructiun. Construction. and
Operation Some of the BMPs apply to all three phases Some F3MPs apply to specific phases
PHMPR shall folk)% all of the BMPs listed in this documcni Manv HMPs are required by the
X'C or Development Agreement (including the Appiendtt.r,) References to existing RWq is for
convenierce only and nothing in this II.St shall he construed to al(er, amend or otherwise modify
tht: requirement in the )CC or Ikvelopmcnt Agreement
HNIN that apply During All Phases
I PHMPR shall comply wtth the regwremenl. of all permits issued by any federal, state or
Irical agency that require environmental sampling ur BMPs to protect the environment,
including but not limited to :he 2010 A'ater Rights Certificate (Provisions) and the 2022
Superseding A'atcr Rights Permit(Provisions)
2. PHMPR shall comply with all requirtrinenh of the applicable development regulations,
including but not limited to JICC ;7.80 020,
1 PIfWR shall comply with all requirements of the Development Aiyeernent, as amended,'
including but not limited to those in the listed in
a_ The Water System Plan, Appendix H to the Development Agreement,
b. The Wastewater Treatment Plan, Appendix I to the Development Agreement;
)CC �- 3 __iL1_ i`Permiis issued by tik caxwy alter Ib,- cxecunon of the dc.ek►prneni avimnieni ihaa be
conostml with the aercenient ') and 107 - ("Any regulated land uxe or dcvelolxnent .activiry within the
rleasm Harbrx%4PR must alcu comply with tlae apphcabic developmeoi sundards and mluir rnenis of
(I)(rxaditions and requirements of Qrdinanwc 01-0128 08.
(2) The nuugatban measarn required in the Nuveinbet 27. 2W7, Fusel Environmental lotipao Staierrxot for the
Bnnrvm- (alas rcterrcd i, as the Vcasanr Harbor Manna and(ioltRcson)Masim Plaiutcd Itcson ;2lb' FEIS�.and the
Pleasant Ifarbrx Manna and golf Resort,i inal Cupplcnwitat 1•nvimnment Impact Statement I)c,.crnhi:r 9,2111 5(2U'5
FSFiS). and
0 1 Tlse tesim and conditions of any developn)eni agreement eniered into between Jeffernon("ounry and the devek)peT
Where conflicts occur berrcrn the pnwisions of this division and o0wr aMlicaNe code pmvisims, applicable
rnit,viton rnessures, (ir applicable provisions of a development igrremetat between JetTersnn Untmry and the
devclupcT. the more►eainctivi:+hall apply ')
6
c. The Vegetation Management Plan, Appendix L to the Development Agreement.
d. The Water(duality Managemett Plan. Appendix N to the rkvcloprnent Agreement,
as amended(WQMP)
c. The Neighborhood Water Supply Plan, Appendix 0 to the Development
Agreement, as amended;
i
f. The Groundwater Monitonng Plan. attached as Appendix A to Neighborhood
Water Supply Plan, Appendix 0 to the Development Agreement,
g. The Wildlife Management Plan. Appendix P to the Developerrent Agreement, as
amended;
h The Cultural Rcsourccs Management Plan, Appendix Q to the rkvelopment
Agreement,
i. The Tunicate Monitoring Plan. Appendix R to the Development Agreement, as
revised;
j. The International Dark Sky Plan,Appendix S to the Devclopment Agreement;and.
k. The LEER Narrative, Appendix T to the Development Agreement
Al. PHMPR shall comply with all conditions and requirements of Ordinance 01-0128-08.2
5. PHMPR shall comply with all nuttgatton measures required in the November 27, 2007,
Final Environmental Impact Statement for the drinnon (also rcfetn-d to as the Pleasant
Harbor Marina and Golf Resort) Master Plante! Resort (2007 FEIS), and the Pleasant
Harbor Manna and Gulf Resort, Final Supplemental Environment impact Statement
December 9, 2015 (2015 FSEIS).'
6. PIIMPR shall preserve Kettle B by preventing it from being used for any stormwater
St XUC.4
7. For any violation of water quality enteria, PH titPR shall.
a. Take immediate steps to correct the violaw-m and shall remedy any impact to water
quality caused by the MPR;` and.
'JCC I
'Sae Swim 4.1 of the Dcvdopmeat Agraaneat.
s L)evebpmmt Agremwnt. WQMP, Scrttan VI
7
>r
b. Modify existing best management practices or apply further water pollution control
ntcasnan:s.selected or approved by the Washington Department of F�:ology or JCQW,
to achieve compllwKe with water quality cnteria.°
8. PHMPR shall conduct all environmental sampling and testing pursuant to the Quality
Assurance Project Plan (QAPP) dated May 21. 2024, modified to add the requirement in
Section 1X of the WQMP that requircs that "Sampling results must be repined to JCQW
inwnnediately,but no later than within 48 hours aver receipt by the Resort."QA PP, Section
IX
BMP%that Apply Daring the Pre-Covianction Pbase
9. As required by !CC 17.80.020, the southern shoreline abutting Hood Canal has been put
into a Pamanent conservation casement from the ordinary high water marts to 200 feet
landward."
10. Though located between these two public beaches,access to the public beaches on the trail
from the Property has been prohibited and will continue to be prohibited permanently 9
11. Surface water sampling shall be conducted on a quarterly basis until construction begins
for the proposed south development 10
12. Buffers and setbacks are required by Division If of Chapter I ' )CC or under Title 1 ti )CC
apply to the MPR-OSR ume." Setbacks and buffers (as well as conservatism easements)
will be marked and double-fenced(with a silt fences and land diourtumc barrier)prior to
the start of the construction phase.
BMPs that Apply During the Construction Pbase
13. PHMPR shall provide erosion and sedimentation control during construction consistent
with an approved Stormwater Perini► issue! by Jefferson County and a Construction
Stormwater General Pcrmit issued by the Wa%hingui i Department of Ecology. Any
co nditionr attached to either permit shall be followed and TESC measures shall be
inspected regularly and maintained for the duration of construction "
14. PHMPR shall comply with the County Stormwater Management requartnents in JCC
19.30.070,"
IS. The construction period work shall follow the 2019 Stormwatcr Management Manual for
Western Washington with 2022 cmu.t, including development of project
DtevtknmantI AVvanetu.WQMP,SecUnr, 1!I
'Devele ptimmr Agreement,WQMP.Section XA
1CC ' . . •� •IAoquirod tiuryatton Qrtawra durtn�de�ebpment srW upentiunsl
See Socha+e 1 of dw Ocveloprnent Agreement
a From%erlwn 5.3 of Jain S.2LU4 Krnrsn& Uwcrates,Inc Rt port.
")CC :' ,n ,(open Space Rnerve(M►R-OSR)
'=From Section S I of June 5.2024 Kman& Assocutts. Inc Ripon
"See Sc-own tl 3 1 of the Development Attrmncnr.
H
spec it sormwater pollution prevention planning (SWPPP) requirements of the NattooaI
Pollutant Discharge Elimination System (NPDES) Construction Stormwater General
Permit (C'SW(PP) issued by the 'Kashtngton Department of Lcology.14
16. Land cleanng and grading shall be pert'Onix:d in accotdancc with the drainage report and
Tcrtiporary Erasion and Sedimentatum Control (TT—%Q Plan, dated Fall ant] Winter 2013
to 2014(as may he modified by agreermnt oflteffemn County and PNMPR),as required
for all land disturbing activities requiring a clearing and grading permit Some items
required to be in the TFSC Plan may not be known during the design phase and shall be
added to the TESC plan or site log book after the pre-construction meeting or as needed
during construction.'
17 Surface water sampling shall occur during a monthly basis during construction and shall
continue on a monthly basis after construction retail modified by the Counr.'°
19 Sourue control BMPs shall be "tabltahed 90-days prior to close-out of the Construction
Stormwater Permit issued for the MPR "
BMPs that Apply During the Operation Phase
19. Permanent control of slormwater runoff from the MPR will be developed through selection
of appropnate BMPs and other measures to reduce and contml the on-site and off-site
impacts of the MPR "
20. Kettle B shall bc: preserved and, per Section 5 of the Development Agrecmcm, shall he
managed with the required Kettle Management Plan.
Nurmo Operuizon RMPr
21. All stornwaler from impervious surfaces shall be captured and treated according to the
BMP% the redevelopment of the marina Any change in tsarina operations that results in
additional sturmwater discharges must be addressed consistently with the most current
edition of the Stormwater Management Mutual for Western Washington before
discharge 19
22. There shall be no discharge of sewage or contaminated bilge waters at the manna
23. Puap out facilities shall be provided and operational at all times.='
'a Pram Section 5.3 of lure 5.2024 Kivm&Associates. Inc Kerns
'S From Section 5 3 of Julie 5, 2024 Krarun& Associates, Inc Recur
From Sectwn 5 3 of June 5, 2024 Krum & Associates. Inc RcTx,r
"See Section 5 of the Development Agrrcrrcnt
From SeeUao 5.3 of June 5, 2024 KrauAn& .Associates, Inc. Rep,rt
'J(_'C I J KU ON(Required rnrngit►on mcuums during dcvetoprmni and opmuor.c l
)CC 7 RU"((J(Required mitigation nussures during development and opera twnsl
JCC ! 5{)t12(2(Rewired rntttgu►on nura.,Iurrs during dcvcluPincnt .end operations
9
24. Ckaning of fish or sea life shall be prohibited within the controlled aces areas of the
marina.'-'
25. All project pennits shall incorporate shellfish protection distnct guidelines."
26. The manna shall have the right to inspect any vessel moored at its docks "
27. Tbc manna shall dcvelup and manage an active boater education program appropriate to
the marina setting to supplement any Jefferson County program developed as part of the
shellfish protection district 's
28. New or significant expansions to existing fuel storage or transfer shall be prohibited on
manna floats,docks,piers,and storage lockers ,6
29. No storage of oily rags, open paints, or other flammable or environmentally hazardous
materials except emergency equipment as approved in the emergency service MOU ~hall
be permitted on the docks."
30. Painnng, scraping, and refinishing of boats shall be limited to twin it repairs when in the
water, which do not result in any discharge to the waters of the hartxw.'"
31. Any minor repairs must employ a containment barrier that prevents debris from entering
the marine waters."
32. Shellfish harvesting notices and information will be available at the resort at specific
locations, such as the marina, mantimc village and at the conference center '0
33. The manna operatwns shall incorporate mitigation rcquiremenLs consistent with Jeffer"m
Countty's shellfish protection plan, and shall integrate a boater education program into a
marina public education plan, which shall be implemcoted and maintained for so long as
the rmot't is to operation, as part of a resort habitat management plan 11
34. The marina operations shall collect water quality data (from state sources so long as
available or from approved testing plan should the state sources move or not accurately
redkct Pleasant Harbor conditions), and shall be required to participaic with Jefferson
County in an adaptive management program to eliminate, minimize, and fully mitigate
any changes arising from the resort and related Pleasant Hartxtr or maritime village.'`
' )CC (Rc4uued mitigation measures during development and operatiom).
WV (Required mitigation meourei during development and operannes)
')CC (Regtured rruhginon measures duri ag development and operatwrts)
'n)CC �� (Required mitigation meaaurea during development aid upematiorny
36C) ,Y, „• (Required mitigation measums during development and operannis)
)CC '7 (Required mitigation measures during development and operations).
a XX ' I u,f (Required mtiption measures diming development and operahom)
r JCC 1'' (Required mitigation meaures during development aid operations).
10 JCC 7 W,I(Required mitigation measures during development and operanow)
" From$mow S 1 of June S,2024 Krazan& Associatcs.Inc.Report.
From Sectiue S 3 of June S.2024 Krnzan& Aaaociat",Inc Report.
10
35. The manna operations shall conduct ongoing monitonng and maintain an inventory
regarding runicatcs and other invasive rpectcs, and shall be required to participate with
Jefferson County and state agencies to an adaptive management program to eliminate,
minimize, and fully mitigate any changes arising from the resort, and related to Pleasant
HarMsr or 11w mantirrx village "
36 Runoff from the drive aril parking area immediately adjacent to the Manna building will
he collected in catch ba_srns and conveyed to a SlurmFilterTM manhole where replaceable
cartridges will provide filtration This filtered runoff will be combined with roof runoff and
drainage from behirxl the building retaining wail and discharged through an existing from(
discharge to Pleasant Harbor "
37 1-he Stormwater Site Plan. prepared for the Pleasant lfarbor Manna in )unc 2013 arxf
Attached a!, Appendix E to the Development Agreement dcscnhe% the pennaneni
AOnllwalCT contTul plan for those operations Stormwater front the impervious asphalt
surfaces enters two catch hasiw, :hat drain into one manhole tbat is fitted with a
StorrnF titer TM This BMP calls for an Annual chick and replacement of the filtrrs fvr the
rnanufacturer's specifications
.barn Resort Operation B,tilPs
38. PHMPR shall ensure that gulf course operations comply with the best practice standards
of the King County Best M inags-rner.t Practices for Golf Course Development and
Opetahon (1993), or their substantial equivalent, including, but not hrrtitcd to, Amencan
Golf Association .Landard% "
39. PHMPR shall ensure that golf course and rr wt facilities will ranicipate in any adaptive
management programs required by Jefferson Count). comisteni with the %k'QMP and :{ny
changes caused by the resort operatton% '•
40 SlOrtmwater discharge from the golf course shall tried requirements of zero discharge into
Ht►od Carwl l•o the extent necessary to achieve the goal of designing and installing
storTnwater managemen:, infrastructures and techniques that allow no stormwater run-off
into IIood Canal ,hell hr used "
41. PHMPR shall ensure that golf course shall implement as a best management practice for
the operation and maintenance of the golf cour-sc a icgmremvnl to maintain a log of
fertiltzem, pesticides and hc-hicides used on the MPR, and this information shall be made
ava►labie to the public
"hrom Sechon 5.3 of June 5,2024 Krazan i4 Asaxiatcs, Inc R"r.
v'From Secrron 5 3 of lure S_ 2024 K.raran& ! wwiaiea. Inc Repor
"From Sarnon 3 3 of June 5. 2024 Kralan dt .�atAxi tier, Inc Rcpurt
161CC o IReWucd mitigation rncesures during development and uperat,onsi
1Ct' ' IRequarA mitiiltati on meanurn during development and opirruii,wicl
)cc ' '(Required mitigation mcasures during develupnxnt and upentiionsi
")cc IRequned mtiKation nxasters JunnK tkvelupnxnt .end utxmittkn%si
Il
i
42 PHMPR shall collaborate at least annually with the Climate Action Coamttee or its
siiccesax to calculate greenhouse gu emissions (GHGs) associated with the Pleasant
Harbor MPR, and identify techniques to mitigate such emissions through ncquestration
and/or other acceptable methods '0
4 1. In keepng with an approved landscaping and grading plan,and in order to satisfy the intent
of XT 19.1 S 135(6), and with special emphasis at the rnantime village, the builduigs in
the MPR should be constructed and placed in such a way they will blend into the terrain
and landscape with park-like green belts between buildings."
44 Conseucttott of buildings within the MPR boundaries shall strive to preserve trees that
have a diameter of 10 inches or greater at breast height(dbh). An arborisl will be consulted
and the critical root zone shall be staked and flagged to ensure the rtx)ts aril surrounding
soils of significant tiers art protected during constr Ration. To the extent possible, trees of
significant size (i.e., 10 irwhes or more in diameter at breast height(dbb))that are removed
during construction shall be made available with their root wads intact for posxibic use in
saltron recovery projects '2
45. All development within the MPR shall use the lntcmanonal Dark Sky Association (iDA)
Zone F-I standards within the boundaries of the Pleasant Harbor MPR "
46. PIIMPR shall,at its expense, incur all costs for stewardship of the conservation casements
including but not limited to removing, when appropriate, naturally fallen trees, and
replanting to reuin a natural visual separation of the de,-elopnent from U.S low y 101 '"
47 For the main Resdxt development, x,urce control BMPs will be selected to provide
permanent(air operational)storruwater controls that comply with Minimum Reyuirrirwrits
of Lhe2019 Stormwater Management Manual for Western Washington (�kk %I\I%k tit )with
2022 crri . For the new and replaced hard surfaces and the convened vegetation arras
These areas may include surface eater runoff and infiltration lit groundwater through
retention swales or ponds, this is regwred if new development creates 5,000 square feet of
impervious surfaces, or converts 'v acres, or more. of vegetation to lawn or landscaped
areas(such as the golf course) 45
48. PHMPR shall operate the MPR in acuorddanct: with the Wastewater Treatment Plan.
Appendix I to the Development Agreement '
49 PHMPR shall operate the y1PR in accordance with the Vegetation Management Plan.
Appendix L to the Development Agreement "
1CC ' '! (Rewited imuga(we measures during development and operaimas)
IRtgtiued mitiganon mcasums during developrncrtt and uperatiuos)
")CC ' 11tawired mitigation measures during development and operataaaa)
" WC (Ra"ired mitigation measures during development and operational
")CC r(PxWirW rrutiptiun measures during devebpmcnt and Operations)
•'From Scown 5 1 of June 5.2024 Kiazan ant AAsuciata, Inc Report.
"JC C 17 i-o .rr IttgWireirienta)
12
50. PHMPR shall operate the MPR to accord with Water Quality Management Plan, Appendix
y to the Development Agreement, as amended (WOMP)."
51. PHMPR shall operate the MPR in Accord with the Water Quality Monitoring Plan attached
as Appendix N and the Neighborhood Water Supply Program attached as Appendix 0 to
the Development Agreement. This includes the protection of groundwater '°
S' PHMPR shall operate the MPR to accord with Neighborhood Water Supply Program,
Appendix 0 to the lhvelopment Agri-rnent `0
S1 PHMPR shall operatc the NIPR to accord with the Groundwater Monitoring Plan, attached
as Appendix A to Neighborhood Water Supply Plan. Appendix 0 to the Development
ARreern"t."
Prior to the Issuance of a certificate of occupancy, the parties shall review and modify as
necessary the BMP,, that apply dunng the operation phase BMPe for Annual Review and
Adaptive Management
54 The BMPs shall he reviewed annually by PIIMPR.'- A report discussing PHMPR•s annual
review with any recommendations for change shall he pro,,tded to JCQW on nr before
January 1, of each year. 1CWC shall comment on the recommendations and propose any
rzv-ts)ons on or htfore March I of each year 1(.'WL' and I'I(MPR shall agree on any
modifications by March 30 of each year I f there is no agreement by March 30 of each year
on proposed mrxftftcaUons, the parties shall submit issue liar dispute resolution pursuant to
this Agreement
55 Adaptive management shall be applied dunng all phases`) to prevent or renxdtate
discharges trom the MPR that may result in a violawn of the Washington Ctatc
anttdegradatton policy reflected in RCW 9U_4?% U>;tt, as implemented in Chapter
WAU for groundwater and in Chapter] '?-0: A WAC fix rurface water "
"Wic rReWumientsl
"im (ltequtrementj)
101(Y' ' ��'gat(Rea�u�rtmenui
� H'C , �(Reyut:trnentsl
De%ck*uww Agreiri nt,wQMP,Section VI
"1CC !7 r ;, Secuoc R BA of the tkvcfup"wTc ngrecrtxrt,and.Section it of the WQMP
"JCC I
U
Attachment 2
(The remainder of this page is intentionally blank)
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s... 1 ., With a team of interdisciplinary experts, Otak adds
At Otak, we imagine, plan, and create diverse experience and a forward-thinking approach
exceptional places that add to the greater good to every project. Creativity, integrity, and skill have
of the communities where we enjoy life. Our guided Otak's efforts as an award-winning firm.
planning, design, engineering, architecture, and
construction management professionals take their
responsibility to future generations seriously.
Row 1:Swift BRT Orange Line 1 Moshier Park ; UW-Bothell Husky Village Housing
Row 2:Tolt Avenue(SR 203)Central Business District Trilogy at Redmond Ridge
Our Services
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Architecture Civil and Structural Landscape Planning and
Engineering Architecture Urban Design
PM/CM and Survey and Transportation Water and
Owner Representation Mapping Natural Resources
• Our people are passionate and
committed to the pursuit of practice
4 excellence—through continuous
growth, development, and
improvement we reach for innovative
yet practical solutions. We are a design-
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to deliver our clients' projects from
conception through construction.
Our firm's diverse set of skills and
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wide range of specializations, including:
• Regional Planning
• Public Infrastructure
Recreational Facilities
• Mixed-Use, Residential, and
i Commercial Development
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Team Resources
PROJECT DIRECTION
PROJECT ORGANIZATIONAL Additional resources available if needed.
CHART JEFFERSON COUNTY 320 staff company-wide with additional
—__ - expertise in structural engineering,landscape
CONTRACT MANAGEMENT architecture,architecture,surveying,GIS,
graphics/renderings,community engagement.
Cristina Haworth,AICP and construction management.
PROJECT MANAGER a SENIOR PLANNER
RESOURCESTEAM
CIVIL ENGINEERING PLANNING NATURAL RESOURCES
CIVIL TEAM LEAD PLANNERS SCIENTISTS
Jeff Massie, PE, PMP Emily Larson Jeff Gray,PWS
SITE,ROADWAY,WATER, WATER RESOURCES AND Sarah Diekroeger Kevin Corrigan
SANITARY SEWER STORM DRAINAGE Jaimee Cornwell
Touta Phengsavath, PE Charles Dewey,PE. ENV SIP
Anny Ly, PE Melissa Henrikson, EIT Resumes follow for our
Joe Schoher. EIT core services team.
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Otak Resumes
Cristina Haworth AICP
Project Manager and Senior Planner
Cristina is a land use planner and project manager with 11 years of experience
helping clients manage growth and make better use of their land and public spaces.
She has worked on complex integrated planning and zoning initiatives at citywide,
subarea, district, and neighborhood scales and is familiar with land use and
development law, including Washington's Growth Management Act and SEPA, and
regional planning frameworks such as Puget Sound Regional Council's Vision 2050.
She specializes in development services support at scales ranging from minor
additions to single-family residences to regionally significant transportation projects
/ and regularly supports code audits and amendments in partnership with city staff.
Cristina is proficient in virtual and in-person outreach techniques that foster inclusion
and engage underserved and underrepresented communities.
EDUCATION Selected Project Experience
MA,Planning(University of
Pennsylvania) Pleasant Harbor Master Planned Resort, Consultant Planner;
Certificate,GIS and Spatial Jefferson County, WA
Analytics(University of Project Manager/Senior Planner—Cristina serves as the consultant planner identified in the
Pennsylvania) Future Staffing and Consultant Agreement for the Pleasant Harbor Master Planned Resort
BA,Community, (PHMPR) project,working on behalf of Jefferson County to review and process applications to
Environment,and Planning implement the PHMPR. Cristina determines compliance with the development agreement and
(University of Washington)
other governing documents and codes, tracks conditions of approval, and coordinates reviews
REGISTRATIONS 8 by other staff, departments, and consultants. Cristina also works closely with County staff and
CERTIFICATIONS
American Institute of the developer to proactively address permitting challenges.
Certified Planners King County Metro South Annex Base Permitting Support; Tukwila,WA
Senior Planner—Through Vanir, Cristina provides permitting support to King County Metro
staff,facilitating the review of Metro's South Annex Base project. The South Annex Base is a
new all-electric bus operations and maintenance facility that consists of an operations and
offices building, bus maintenance facilities, vehicle wash facilities, and electric charging
equipment including gantry-mounted battery chargers. Site development also includes
daylighting Riverton Creek. Cristina reviews project changes, identifies potential impacts to
permit processing, and recommends potential strategies to reduce project schedule impacts.
Westport Golf Links Permitting Support; Westport, WA
Senior Planner—Cristina is providing permitting support services for the conceptual Westport
Golf Links project to be sited in Westport Light State Park. The project will develop a new 18-
hole golf resort with ancillary services and amenities. Cristina's role includes reviewing and
commenting the draft EIS(prepared by others), analyzing permitting options, and working with
the City and project partners to select and pursue the selected permit pathway.
On-Call Development Services; Issaquah,WA
Senior Planner—Otak provided on-call planning and development review services for a new
collocated high school and elementary school project in Issaquah. Cristina and the Otak team
provided code interpretation guidance, coordination and support for required community
meetings, technical review of the proposed project, legal notices and processing, reviewed and
analyzed public comments, developed staff reports and recommendations, communication with
the applicant and with members of the public, and supported the City as needed in hearings.
On-Call Development Review and Planning Services; Mountlake Terrace,WA
Senior Planner—Otak provides on-call planning and development review services for the City
for land use entitlements such as site plans, shoreline permits, subdivisions/short subdivisions,
conditional use permits,variances, and state environmental compliance(SEPA)review.
Cristina Haworth, AICP
Project Manager and Senior Planner
Cristina and the team provide technical review of projects to evaluate compliance with City
code, standards, regulations, and procedures, and support the City as needed during public
hearings or related services.
On-Call Development Review; Sammamish,WA
Senior Planner—Cristina reviewed development applications for code compliance, represented
staff during public hearings, and attended pre-application meetings for major mixed-use
development projects on an on-call basis. During a period of staff turnover, Cristina and Otak
addressed several old subdivision and short subdivision files that had been waiting for final
written decisions or staff reports. Twelve in total,the task needs ranged from initial review to
issuing correction letters, reviewing revisions, or writing the final report/decision.
Community Transit Corporate Headquarters; Everett,WA
Senior Planner—Otak completed design for rehabilitation of an existing 1970s two-story
concrete tilt panel building to adaptively use as a new administrative headquarters for
Community Transit.The project included design from programming through construction
documents and consisted of renovation of 70,000 SF of unused space within an existing
building Community Transit purchased. Cristina conducted permitting research and helped the
team comply with Everett's municipal codes and environmental review(SEPA). This included
coordinating with City staff, research of permitting requirements, finalizing the project's
permitting pre-application documents, reviewing the 60% design, and coordinating permit
applications for future submittal.
2024 Comprehensive Plan Update; Lake Forest Park, WA
Project Manager—Cristina led a detailed policy and code audit of the existing plan and
development regulations,then facilitated Planning Commission review and discussion on an
element-by-element basis to prepare a recommended draft for adoption. Her work includes
education on recent legislative changes,the importance of equity and inclusion, and readiness
for climate planning. Cristina also supported grant applications for middle housing funding and
climate funding to support additional planning work.
Parker Property Land Use Feasibility Analysis; Sammamish, WA
Senior Planner—The City sought to purchase an undeveloped lot to create additional park
space and protect a documented erosion hazard area.The property was heavily vegetated with
mature forest and contained a ravine with a stream and existing crossing. Otak, as a
subconsultant to the City's real estate consultant, evaluated the site's development feasibility,
reviewing current zoning, critical area regulations, and road standards to determine the
potential lot count for appraisal and purchase negotiations. Cristina analyzed current zoning,
critical areas, and public works regulations to estimate potential density if the lot were
subdivided. She also coordinated with the real estate consultant and developed a
memorandum detailing her findings.
Mill Creek Boulevard Subarea Plan; Mill Creek,WA
Senior Planner—The parcels along the Mill Creek Boulevard corridor were developed in the
1980s and include numerous two-story walk-up office buildings occupied by smaller office-
based businesses and single-story shopping centers. Otak helped the City to collaborate with
its residents,the business community, and affected property owners to create a subarea plan
that identifies the highest and best future land uses for the area. The plan addresses land use,
multi-modal transportation, stormwater management, utilities, and other infrastructure,
placemaking, and civic campus enhancements. Cristina reviewed permitting documents and
supported community engagement efforts, including interactive workshops with diverse groups
to gather input and data as well as with facilitating visioning exercises with the City's community
focus groups, project advisory committee, and the Planning Commission.
Otak
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Emily Larson
Senior Planner
Emily is a senior planner with seven years of experience in code research, auditing,
and amendments, permit reviews/issuance and application packaging, and creation of
staff reports and hearing examiner presentations, as well as a variety of long-range
planning tasks. Her code related experience spans a range of topics including land
` use, housing, site and plan development, building provisions, street standards, critical
areas, subdivisions, and design reviews. Previous experience includes creation and
review of SEPA Checklists and review and issuance of permits, including building,
land use, critical areas, subdivisions, and site plan and design reviews.
t Selected Project Experience
EDUCATION 2024 Comprehensive Plan Update; Shoreline, WA
Su Urban Planning and Senior Planner—Through a vigorous stakeholder engagement rocess, Otak is developing the
Sustainable Development g gp p g
(Western Washington updated plan, goals, policies, and other content and related analysis for land use, housing and
University) middle housing, climate change and adaptation, environmentally critical areas, utilities, and to
support capital facilities planning. Our team is integrating content by others(transportation;
parks, recreation, open space, and arts; public participation outcomes)into the plan, reviewing
the city's development regulations, and preparing draft amendments to be consistent with and
implement the updated comprehensive plan. Emily is developing goals and policies and writing
background and supporting documentation for various comprehensive plan elements.
2024 Comprehensive Plan Update; Mill Creek,WA
Senior Planner—Otak assisted the City in engaging residents, businesses, and affected
property owners in preparation of a subarea plan that identifies the highest and best future land
uses for the area. The plan will be the basis for amendments to the Mill Creek Comprehensive
Plan and Municipal Code,which will facilitate future redevelopment within the subarea. It will
evolve through a collaborative interdisciplinary approach that includes considerations related to
land use, multi-modal transportation, stormwater management, utilities and other infrastructure,
placemaking, and civic campus enhancements. Emily is developing goals and policies and
writing background and supporting documentation for various comprehensive plan elements.
2024 Comprehensive Plan Update; Mountlake Terrace,WA
Senior Planner—Otak is developing an updated comprehensive plan, facilitating a visioning
process, developing goals, policies, and other content and related analysis for land use,
housing and middle housing, climate change and adaptation, environmentally critical areas,
shorelines management, parks and recreation,transportation, utilities, and supporting capital
facilities planning. Otak will also review the City's code and development regulations and
prepare amendments to be consistent with and implement the updated Comprehensive Plan.
Emily is developing goals and policies, writing background and supporting documentation for
various comprehensive plan elements, and providing support to the city during meetings with
the public, City Council, and various commissions.
2024 Comprehensive Plan Update and EIS; Arlington,WA
Otak is leading this Comprehensive Plan update. Arlington desires to have a well-organized
and detailed plan that is user-friendly and complies with the requirements of the GMA, Puget
Sound Regional Council's Vision 2050, and Snohomish County. The city would like the plan to
establish clear and obtainable objectives that can be easily evaluated for their effectiveness.
Emily is developing goals and policies, writing background and supporting documentation for
various comprehensive plan elements, and providing support to the city during meetings with
the public, City Council, and various commissions.
Sarah Diekroeger
Planner
Sarah has two years of experience supporting the evaluation, design, and
construction of planning projects across the Puget Sound. She has led coordination
for policy research and legislative analysis of bills that impact Washington's water
quality, tracked and reported data that includes chart and graphic creation, program-
wide water quality and performance metrics. She has utilized ArcGIS Online to
develop interactive tools and portals to gather public input, as well as facilitating other
methods to engage the public and a broad diversity of project interests. Sarah is
dedicated to producing quality deliverables, reaching consensus between teams and
stakeholders to accomplish shared goals, and has an aptitude for quickly learning
new information, programs, and organizational operations.
EDUCATION Selected Project Experience
MUP,Urban Planning
(UCLA) 2024 Comprehensive Plan Update; Mountlake Terrace,WA
BA, Environmental Studies Planner—Otak is developing an updated comprehensive plan, facilitating a visioning process,
(University of Michigan) developing goals, policies, and other content and related analysis for land use, housing and
middle housing, climate change and adaptation, environmentally critical areas, shorelines
management, parks and recreation,transportation, utilities, and supporting capital facilities
planning. Sarah is assisting with the entire comprehensive plan update. She is writing content
for the introduction and environment elements, developing graphics and narrative for the
community profile, and assisting with community engagement and outreach efforts. Sarah is
also developing an online open house for public feedback and writing the EIS.
2024 Comprehensive Plan Update; Mill Creek,WA
Planner—Otak assisted the City in engaging residents, businesses, and affected property
owners in preparation of a subarea plan that identifies the highest and best future land uses for
the area.The plan will be the basis for amendments to the Mill Creek Comprehensive Plan and
Municipal Code,which will facilitate future redevelopment within the subarea. It will evolve
through a collaborative approach that includes considerations related to land use, multi-modal
transportation, stormwater management, utilities, infrastructure, placemaking, and civic campus
enhancements. Sarah is responsible for the environment element of the update, is drafting
environment goals and policies, and providing graphics for the community profile.
2024 Comprehensive Plan Periodic Update; Arlington, WA
Planner—Otak is leading this comprehensive plan update to create a well-organized, detailed
comprehensive plan that is user-friendly and complies with requirements of GMA, PSRC Vision
2050, and Snohomish County Countywide Planning Policies. The comprehensive plan will
establish clear and obtainable objectives that can be easily evaluated for their effectiveness.
Sarah is providing coordination for the SEPA scoping process, is responsible for the
environment, public safety, and subarea elements of the comprehensive plan,which includes
writing the narrative portion of each element and drafting corresponding goals and policies.
2024 Comprehensive Plan Update; Shoreline, WA
Planner—Otak is developing an updated plan, goals, policies, and other content and related
analysis for land use, housing/middle housing, climate change and adaptation, environmentally
critical areas, utilities, and to support capital facilities planning. Sarah is assisting with public
engagement events, developing graphics and narrative for a demographic community profile,
and helping write the goals and policies for the environment element of the plan.
Jeff Massie PE, PMP
Civil Engineering Lead/Project Manager
Jeff is a senior project manager and civil engineer with over 35 years of experience.
He has a broad background consisting of managing a variety of large and small
roadway, nonmotorized, transit, stormwater management, site development,
wastewater, solid waste, and park projects. Jeffs Project Management Professional
(PMP) certification helps him lead teams and monitor and control project performance
to complete projects on time, on budget, and meeting the client's goals. His attention
to detail and strong project management abilities leads to accurate PS&E packages,
constructed with few, if any, change orders. Jeffs experience primarily includes roles
as project manager but has also involved serving as a construction resident engineer,
transportation design engineer, and resource manager.
EDUCATION Selected Project Experience
BS,Civil Engineering
(Washington State 2024 Comprehensive Plan Update and EIS—Arlington in Motion, 2044 and
University) Beyond; Arlington,WA
REGISTRATIONS& Project Engineer—The City hired Otak to develop a well-organized and detailed comprehensive
CERTIFICATIONS plan that is user-friendly and complies with the requirements of the Growth Management Act
Professional Engineer
and Puget Sound Regional Council Policy Vision 2050, and Snohomish County Countywide
Project Management Planning Policies. The comprehensive plan should establish clear and obtainable objectives
Professional
that can be easily evaluated for their effectiveness.As an urban edge City in Snohomish
County with ready access to recreation opportunities in the North Cascades, the community is
expected to grow from a population of 19,868 to 34,649 by 2044. Arlington seeks to retain its
small town, historic character through smart growth solutions that will accommodate more
people and households while protecting the environment and livability. Jeff is reviewing existing
utility and transportation comprehensive plans for consistency with the overall comprehensive
plans.
Operations Center; Arlington, WA
Project Manager—Snohomish County is redeveloping their 17.5-acre maintenance site to
provide 10,000 SF of new administration and emergency operations center, 11,000 SF of
enclosed storage, 39,000 SF of open storage, 138,000 SF of parking, and a new fleet
maintenance building. Otak conducted a field review of existing County maintenance facilities,
interviewed staff to understand current and future operational, equipment, and staffing needs,
confirm site and building requirements, and understand functional relationships. Otak
performed preliminary site analysis and prepared site layout alternatives, a technical
memorandum with narrative on aspects of the alternatives, and cost estimates. The discipline
reports include stormwater; architecture; geotechnical for pavement, foundation, and seismic
event resistance recommendations; and soil and groundwater contamination and remediation
recommendations.
North Kitsap Service Center; Kitsap County, WA
Project Manager—Jeff is leading design of this 16-acre, $31 M facility that includes an 18,500
SF Road Maintenance Administration/Crew Office building with a vehicle maintenance shop
with four heavy maintenance bays,fabrication shop, and other elements; a 7600 SF Household
Hazardous Waste Collection Facility; vehicle wash; fuel station, 9,600 SF covered canopy for
vehicle parking and materials storage, and other road maintenance program elements. Jeff
leads the multidisciplinary team of civil, stormwater, mechanical/electrical/plumbing, structural,
and industrial, engineers; architects, landscape architects; onsite sewage system designers;
scientists; planners; and household hazardous waste consultants in the preparation of
preliminary and final design plans, specifications, and estimates.
Jeff Massie, PE, PMP
Civil Engineering Lead/Project Manager
156th Street NE Widening; Marysville,WA
Project Manager—Otak is leading design of this project to widen 156th Street NE from three to
five lanes from Smokey Point Boulevard to west of Hayho Creek. The project will build out the
south side of the roadway to remove a bottleneck along the arterial. The half-road widening
improvements will include an additional two lanes, curb and gutter, landscape strip, sidewalk,
retaining wall, stormwater conveyance, illumination, signage, and pavement markings. The
sidewalk on the north side of the roadway will be widened to accommodate a multi-use
pathway for bicyclists and pedestrians. Otak's scope includes project management; project
documentation review; additional geotechnical investigation and analysis, topographic mapping
updates, utility coordination, environmental review and regulatory permit support; preparation of
30, 75, and 100 percent construction contract plans, specifications, and estimate for the civil,
stormwater, structural, landscape, illumination, and signal elements; acquiring property rights;
and providing support during contract bidding.Jeff is providing project management services
including internal team meetings, communication with the client, and monitoring and controlling
scope, schedule, and budget.
NE 40th Street Stormwater Trunk Extension; Redmond,WA
Assistant Project Manager—The project includes a new portion of trunkline extending to a new
outfall at Lake Sammamish, upgrades to the existing 42-inch diameter trunkline to
accommodate a 50-year flood event, flow splitter and outfall dissipation structures, and
bioretention facilities to provide water quality treatment of roadway. This included over 1,400
linear feet of 42-inch HDPE pipe, 300 linear feet of 12-inch waterline relocation, signal
modifications, franchise utility relocations, and restoration of the roadway and sidewalk. Jeff
provided design and construction project administration, construction project manual
preparation, and construction technical support services.
South 144th Way Roadway Improvements; Burien,WA
Assistant Project Manager—The project widens and adjusts the alignment of South 144th Way
between South 146th Street and Des Moines Memorial Drive, meeting current standards for
increased truck traffic, improving sight distance at the Miller Creek Trail crossing, and providing
bicycle and pedestrian routes through the area.The project also replaces the Miller Creek
culvert with a fish-passable design and stream grading, stormwater conveyance and water
quality treatment facilities, lightweight fill over existing utilities, illumination, and landscape
improvements. Otak provided planning, survey, roadway, stormwater and structural design,
environmental documentation and permitting, utility coordination, grant support, bid support,
and full construction management services. Jeff wrote a successful application for a$3.6M
Transportation Improvement Board grant.
Swift BRT Orange Line; Snohomish County, WA
Project Manager—Otak performed the design, property rights acquisition, permitting, and
environmental review of this BRT project, and provided construction engineering support. The
Orange Line spans 11 miles from Lynnwood to Mill Creek and consists of 20 stations and two
termini. The western terminus at Edmonds College involved reconfiguring the transit center at
the entrance to the college. The eastern terminus at McCollum Park involves coordination with
Snohomish County Parks and Solid Waste as it is located on a reclaimed landfill currently
repurposed as a park and transit park-and-ride.The stations include displays for real time bus
schedule updates, pre-boarding payment vending machines and ORCA card readers,and
raised platforms match the coach loading floor height. Jeffs provided reviews and responses to
RFIs and material and construction method submittals; construction field engineering support to
supplement third party construction management and inspection; providing solutions to
changed conditions, and continued permit support with the multiple jurisdictions in which the
project is located.
Otak
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Otak
Touta Phengsavath PE
Civil Engineer (Site, Roadway, Water, and Sanitary Sewer)
Touta is a senior project engineer with 26 years of experience. This includes
roadways, trails, sanitary sewers, watermains, surface water management, hydraulic
design projects, and site development. His work has included design, preparation of
plans, specifications and cost estimates, utility and agency coordination, and
construction observation for federally and non-federally funded projects. He is familiar
with storm drainage analysis and has been responsible for plan review and permit
issuance for several municipalities.
Selected Project Experience
EDUCATION Olympic Discovery Trail, Anderson Lake Connection; Jefferson County,WA
BS,Civil Engineering Project Engineer—Otak is leading the design and permitting for this new three-mile segment of
(University of Washington) the Olympic Discovery Trail near Chimacum. This new segment of trail will accommodate
REGISTRATIONS& pedestrians, runners, bicyclists, equestrians, and other nonmotorized, recreational trail users.
CERTIFICATIONS Otak's design work includes trail layout and grading, storm drainage, retaining walls,trail
Professional Engineer amenities, a signalized crossing of SR 20, and restoration/landscape design. The
environmental permitting includes wetland mitigation restoration that will be completed within
the project site limits. Touta is completing plans, specifications, and construction cost estimates
to accommodate construction in 2025, including compliance with federal funding requirements.
180th Street SE Improvements; Snohomish County,WA
Project Engineer—Otak designed the reconstruction of 180th Street SE from SR 527 to 35th
Avenue SE, 1.25 miles in length. The project provided an opportunity to deliver improved
mobility, safety improvements, pedestrian/bicycle improvements, and neighborhood access. It
widens the roadway section from two/three lanes to five with bicycle lanes, curb, gutter,
sidewalks, and planter strips. The project also included culvert upgrades,a stream relocation,
retaining walls, signal improvements, and utility relocation. Touta led the preliminary layout
design, prepared construction plans, specifications, and cost estimates, and provided utilities
coordination. He also coordinated the design effort between disciplines and subconsultants.
Woodside; King County,WA
Project Engineer—Touta assisted with grading and drainage for this development completed
through a County program that allowed urban residential density on one-fifth of the total site
acreage in exchange for dedicating the remaining four-fifths as open space. Otak provided
master planning and engineering for development of 475 single-family homes. The project also
involved off-site improvements including design of a neighborhood collector road through an
existing park for access to the site. Planning and engineering design was integrated to protect
sensitive areas and maintain runoff water quality while providing a functioning community with
recreational opportunities such as parks and trail system.
Arbors at Pine Lake; Sammamish, WA
Project Engineer—Touta assisted with the water and sewer design for this eight-acre residential
development. The City of Sammamish contracted with the private development client to take
charge of the water and sewer design needs. Otak provided development services for the 9-
acre parcel known as Arbors at Pine Lake, located in the City of Sammamish. Otak provided
surveying, planning, civil engineering, and landscape architecture support for the development
of 26 residential lots, including design of roadway improvements, stormwater conveyance and
treatment facilities,water and sewer systems, and a neighborhood park. The developer
extended our design and permit support contract to include construction services.
Touta Phengsavath, PE
Civil Engineer(Site, Roadway, Water, and Sanitary Sewer)
Trilogy at Redmond Ridge; King County,WA
Project Engineer—As part of this large 1,050-acre development, Touta provided engineering
design on several phases. He assisted in the storm bypass design by an unnamed creek in the
development. He also provided drainage improvement and layout design for the NE 133rd
Street widening. For Division 1, he prepared storm drainage design, layout,and provided
utilities coordination. For Novelty Hill Road improvements, he assisted with grading and
drainage design.
Husky Village Redevelopment; Bothell,WA
Project Engineer—This project involves redeveloping the 4.4-acre Husky Village student
housing site to provide three new multi-story buildings combined with office and commercial
uses and a new on-site dining facility. Work involved widening 950 feet of Beardslee Boulevard
to provide one additional eastbound travel lane and eliminating the eastbound on-street bicycle
lane and constructing a new shared-use nonmotorized trail. The trail is separated from the new
curb and gutter by landscaping. Additional work included coordination with Sound Transit
regarding future transit stops, overlaying existing eastbound travel lane, signal modifications
and illumination, a new storm drain collection, conveyance, detention, and water quality
treatment system, utility undergrounding, and construction engineering support. Touta provided
engineering expertise and design guidance to the team and QA/QC of the construction
documents.
Bothell City Hall/City Center; Bothell,WA
Project Engineer—This project includes complete redevelopment of the existing City Hall block
to provide a new City Hall and City Center, along with building pads for future private
development. Otak is part of a develop-design-build team, led by Vulcan, Inc. and GLY
Construction, selected to design and construct the project. The project includes a new, larger
City Hall, approximately 100,000 SF of mixed-use commercial development, a public plaza,
public art, and a 300-stall underground parking garage.The new City Hall will replace an
11,000 SF building constructed in 1939 that the City has outgrown and that requires major
maintenance and renovations. Otak is serving as the lead civil engineering consultant
responsible for demolition, TESC, site layout, site grading, storm drainage,water and sanitary
sewer utilities, parking/pavement, and franchise utility coordination. Additional project elements
include frontage improvements(curb, gutter, hardscape) along the entire City block, offsite
utility extensions, and the preparation of an early site demolition/preparation package to
facilitate an aggressive construction schedule.
South 144th Way Roadway Improvements; Burien,WA
Project Engineer—This project included widening and realignment of South 144th Way
between South 146th Street and Des Moines Memorial Drive to meet current standards for
increased truck traffic, improve sight distance at the Miller Creek Trail crossing, and provide
bicycle and pedestrian routes through the area. It also replaced an existing culvert with a fish
passable culvert, including stream grading, stormwater conveyance and water quality treatment
facilities, lightweight fill over existing utilities, illumination, and landscape improvements. Touta
provided design engineering expertise and prepared construction plans, specifications, and
cost estimates, provided utilities coordination, and led and coordinated the design effort
between disciplines and subconsultants.
1st Street and Avenue D Intersection Improvements; Snohomish,WA
Project Engineer—Touta provided intersection and drainage design for this intersection that
serves as an entrance to the City of Snohomish, its antique market/historical district, and a
future riverfront development area. A proposed four-legged signal system created an
immediate improvement for traffic flow, as well as addressed the future needs for vehicular,
pedestrian, and bicycle traffic. Work included identifying project needs,goals, and design
criteria; designing signalization and channelization; and enhancing the cohesiveness of the
historic district through hardscape and landscape features.
Otak
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Anna Ly PE
Civil Engineer (Site, Roadway, Water, and Sanitary Sewer)
Anna is a senior civil engineer with 18 years of experience. This includes design of
roadways, sidewalks and trails, plazas, parking lots, storm drainage, and water and
sanitary sewer systems, surface water management, and utility undergrounding. Her
work has included design, preparation of plans, specifications and cost estimates and
utility and agency coordination for local agency clients.
Selected Project Experience
Community Transit Corporate Headquarters; Everett,WA
Project Engineer—Otak completed design for rehabilitation of an existing 1970s two-story
concrete tilt panel building to adaptively use as a new administrative headquarters for
EDUCATION Community Transit. The project includes full design from programming through construction
BS,Civil Engineering(New documents. The project consists of complete renovation of 70,000 SF of currently unused
York University Polytechnic
School of Engineering) space within an existing building Community Transit purchased several years ago. Services
REGISTRATIONS 8 include architecture, space planning, structural engineering, plumbing design, electrical
CERTIFICATIONS engineering, lighting design, mechanical engineering, civil engineering, landscape architecture,
Professional Engineer geotechnical engineering, exterior lighting and surveillance, computer operations design,
interior design, furniture selection, and cost estimating. Anna coordinated with other disciplines
(architect, landscape,water resources, and structural)to provide site civil design. Tasks
included parking layout and grading design, evaluation of existing site utilities, site drainage
design, and preparation of specifications and cost estimate to take the design from preliminary
to final, and construction engineering support.
Jasmine Tower; Seattle,WA
Project Engineer—Otak is currently preparing design and permitting documents for the Jasmine
Tower, a 17-story, mixed-use, multifamily building in the heart of the International District. Our
civil team is executing right-of-way improvements design including streetscaping, illumination,
and stormwater in accordance with SDOT's Streets Illustrated Standards. Otak is also working
with the International District Special Review Board to ensure compatibility with Director's Rule
12-2010 on the Maynard Avenue South and South Lane Street Streetscape Concept Plan.
Anna prepared the preliminary site plan and cost estimate.
Cleveland Street Sewer System Replacement and Stormwater Separation;
Everett, WA
Project Engineer—Otak led the design and installation of sewer replacements and a new
separated storm drainage system of the existing 100-year-old combined sewer system. Project
elements include 5,500 LF of 8-to 18-inch sewer pipe replacement with manhole structures;
connection/replacement of more than 90 side sewers; over 5,000 LF of 8-to 24-inch new
separated stormwater system with over 74 stormwater/water quality treatment structures; and
street and sidewalk restoration. Services included preparation of construction plans,
specifications, and cost estimates. Anna assisted with design to make sure proposed utilities
were within the required clearances provided.
1561h Street NE Widening; Marysville, WA
Project Engineer—Anna designed road and drainage improvements and developed correlating
cost estimates in support of this effort to improve access to its growing Arlington-Marysville
Manufacturing and Industrial Center area. The project provides an east-west transportation link
for increased traffic flow anticipated from the future 1-5 interchange, including new arterials,
sidewalks, bike lanes, a multi-use path, and water, sanitary, and storm sewer extensions.
Anna Ly, PE
Civil Engineer(Site, Roadway, Water. and Sanitary Sewer)
A Street Loop; Auburn,WA
Project Engineer—This project establishes a new 250-foot-long eastbound roadway connection
between South Division Street and A Street SE serving vehicles, buses, and pedestrians. The
project includes grading and design of a new roadway connection, maintaining existing alley
access, pervious sidewalks,ADA improvements, storm drainage, infiltration, street lighting,
retaining walls, environmental documentation, utility coordination with PSE and
communications for pole relocation, and implementation of downtown street standards where
applicable. Anna provided design per city standards and coordinated efforts with other
disciplines and prepared plans and cost estimate from 30%through final design.
Alderwood Mall Parkway Improvements; Snohomish County, WA
Project Engineer—This project takes the 30%design, plans, quantities, and documents
prepared by Snohomish County and carries the project forward through 60%and final design
for 1,700 LF of roadway widening and associated storm drainage and fish passage stream
crossing infrastructure improvements. Otak's work includes preliminary engineering
analyses/concepts and design, plans and details, cost estimates, special provisions,
environmental documentation support, and final design of three fish passage culvert
replacements, roadway storm drainage collection and conveyance, and storm drainage
detention. Anna provided stormwater design per Snohomish County standards, coordinated
design with other disciplines, and prepared the drainage report.
Swift BRT Orange Line; Snohomish County,WA
Project Engineer—This 11-mile route lies within portions of Snohomish County and the cities of
Edmonds, Lynnwood, and Mill Creek. It connects service to Edmonds College, Lynnwood city
center, Alderwood Mall, Mill Creek, four park-and-rides, and four future Link light rail stations in
Lynnwood. Project elements include a new western terminus at the Edmonds College,
construction of 21 BRT stations along the corridor and one additional BRT station along the
Blue Line, reconstruction of the existing transit center at the McCollum Park Park-and-Ride, and
signal improvements at 14 intersections to improve transit speed and reliability. Anna provided
design for the western and eastern termini and corresponding cost estimates. She also
provided utility coordination with local utility companies and jurisdictions for the whole project
including all the stations and termini.
City Parks Master Planning; Snohomish; WA
Project Engineer—Otak helped the City develop master plans, alternatives. and PS&E for three
centerpiece parks(Averill Field Park, Homestead Park, and Cady Landing and Connector
Bridge)with the goals of residential connectivity and environmental enhancement.The City
sought to create distinct individual identities for the parks that aligned with its commitment
to natural resources, community recreation, and local character and history. Our team
developed three alternatives for each park that ranged in investment and development
scope and showed functional options for placement,circulation,and landscape treatment.Each
of these parks seeks to manage stormwater by natural methods including infiltration through
pervious paving and within raingardens.This is important to help avoid directing runoff from
non-pollutant-generating surfaces to the City CSO system. Anna provided design and
coordinated with landscape, structural, and water resources staff to prepare 30 and 60 percent
design plans for the proposed trail extension and connector bridge at Cady Landing. Work
included a TESC plan, site plan, preliminary grading and drainage plans, and cost estimate.
San Juan Island National Historical Park, American Camp Visitor Center; WA
Project Engineer—Otak led this project to replace the temporary facility with a 2,300 SF
permanent visitor center on the same site. The center provides space for visitor orientation,
seating for an updated audiovisual program, accessible exhibits, restrooms, and office and
storage space. It also includes expanded parking, an outdoor plaza for education programs,
and replacement of the septic system. The visitor center, parking lot, exhibits, and restrooms
will be fully accessible, allowing visitors of different abilities to learn about and experience park
resources. Anna prepared quantity take-offs and helped with plan edits.
Otak
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JOE SCHOBER EIT
Civil Engineering Designer (Site, Roadway, Water, and Sanitary Sewer)
Joe is a civil engineering designer with eight years of experience. He performs
engineering support and design work for a wide range of transportation and
infrastructure projects. This includes alternatives analysis, cost estimates, and design
for roadway, ADA-compliant sidewalks and trails, storm drainage conveyance,
grading, and temporary erosion and sediment control. He has also provided
engineering support during construction including submittal review, responding to
RFIs, and making site visits to answer contractor questions.
Selected Project Experience
T Flowing Lake County Park Entrance Design; Snohomish County; WA
Engineering Designer—Otak provided conceptual development, design, permitting, and
EDUCATION construction support services for the entrance redesign. The project alleviates congestion,
Bachelor of Science,Civil consolidates ranger services, and provides a more efficient check-in and payment process.
Engineering(Gonzaga Conceptual alternatives include renovations to the existing entrance building and design of a
University)
new visitor facility to create a more welcoming gateway. It incorporates drive-up access, offices,
REGISTRATIONS& and retail space.The new entrance also serves as future access to 157 acres of County
CERTIFICATIONS
Engineer in Training property north of the exiting campground planned for future campground expansion. Joe
provided civil engineering design support and construction document preparation.
Swift BRT Green Line; Snohomish County,WA
Engineering Designer—Otak completed design and permitting and provided construction
engineering support for this 12-mile-long line that included construction of transit platforms and
site improvements and installation of custom shelters and amenities at 33 station sites. This
Line begins at Canyon Park Park-and-Ride on 1-405 and extends along portions of SR 527, SR
96/132nd Street SE/128th Street SE, 128th Street SW,Airport Road, SR 526, and Seaway
Boulevard to the new Seaway Transit Center. The project also included construction of
roadway and signal improvements to improve transit reliability and safety in the corridor. Joe
provided station, roadway, and storm drainage design,ADA-compliant ramp design, utility
coordination, and construction support.
NE 171st Street Urban Parkway and Culverts; Woodinville,WA
Engineering Designer—This project converted a five-lane arterial to a two-lane urban parkway
with planted median, multi-use trail, roundabouts, and provided improvements to Woodin
Creek. Two culverts were upgraded to fish-passable standards and the stream channel was
restored to alleviate flooding. A new stormwater trunkline, stormwater runoff treatment facilities,
and stormwater conveyance improvements were also constructed to reduce flooding.Joe
prepared alternatives and cost estimates for evaluation. He also provided design for roadway,
ADA-compliant sidewalks and trails, storm drainage conveyance,grading,and temporary
erosion and sediment control, as well as coordinating design from the other disciplines into a
clear concise plan set. He contributed to the special provisions and prepared quantity takeoffs
and the engineering cost estimate, and provided support during construction through submittal
review, responded to RFIs and made site visits to answer contractor questions.
Tolt Avenue(SR 203) Central Business District Improvements; Carnation,WA
Engineering Designer—Otak led this project that involved preparing plans, specifications, and
estimates for improvements of the Central Business District(CBD) in the heart of Carnation.
Joe served as an engineering designer for improved sidewalks, curb, and transportation, as
well as a festival street on Tolt Avenue and Bird Street. The CBD includes several businesses,
so work required extensive coordination with owners and involvement with the City and
residents. Joe utilized AutoCAD Civil 3D for design and development.
JOE SCHOBER, EIT
Civil Engineering Designer(Site. Roadway. Water and Sanitary Sewer)
South 144th Way Roadway Improvements; Burien, WA
Engineering Designer—This project includes widening and realignment of South 144th Way
between South 146th Street and Des Moines Memorial Drive to meet current standards for
increased truck traffic, improve sight distance at the Miller Creek Trail crossing, and provide
bicycle and pedestrian routes through the area. The project also replaces the Miller Creek
culvert with a fish-passable design and stream grading, stormwater conveyance and water
quality treatment facilities, lightweight fill over existing utilities, illumination, and landscape
improvements. Joe provided roadway and grading design.
8th Avenue South Basin Stormwater Retrofit; Burien; WA
Construction Inspector—This stormwater trunk line expansion and replacement was partially
funded by an Ecology Stormwater Program Grant and was designed to provide water quality
treatment for stormwater runoff currently untreated from 80 acres of residential and
commercial/light-industrial areas in the Northeast Redevelopment Area. In addition to leading
design of the water quality treatment facilities and providing utility coordination and coordination
with other planned work, Otak also provided full construction management services.This
involved documentation including inspection reports and pay estimates, negotiating contractor
change orders on the City's behalf, responding to RFIs, approving materials, and making
design changes as ground water and utility conditions were better reviled during construction.
Joe provided construction management services for a new 1,600 LF stormwater trunkline,
including construction inspection, daily field reports, quantity tracking, and pay documentation.
NERA Miller Creek Stream Restoration; Burien,WA
Engineering Designer/Construction Inspector—This project includes two fish passable culverts
under Des Moines Memorial Drive and the Miller Creek Trail as well as adding floodplain and
native vegetation along the streambank. Otak prepared preliminary concepts, performed survey
and full design including traffic management plans for two-stage construction of one culvert,
prepared construction documents, environmental documentation and permitting, legal
descriptions, and construction management services. In addition to civil design including traffic
management and roadway and trail restoration plans, Joe provided construction management
services including construction inspection, pay documentation, and engineering support.
King County Metro On-Call A/E Services; King County,WA
Engineering Designer—Otak was the prime contractor for a multi-year on-call agreement with
King County to expand the existing Central and South Base transit facilities. Otak's tasks
included analysis supporting potential land acquisition; facility planning and programming;
development of detailed planning-level site and building concepts and costs', and strategic
planning to prioritize different potential expansion-related projects. Otak's work included project
management and coordination with various DBE/SBE subconsultants, architecture, site
planning, environmental review, permitting, civil and structural engineering, and surveying. Joe
provided site civil preliminary engineering design for the South Base Annex redevelopment.
Petrovitsky Park Baseball Field Drainage Improvements; King County,WA
Engineering Designer—Otak is leading design of drainage improvements for baseball fields 3
and 4 at the park. This project follows an initial assessment conducted under an on-call
contract with King County Parks to address drainage issues caused by poor soils and
inadequate infrastructure. The design phase involves sizing and locating stormwater facilities
(compliant with the King County Stormwater Manual), selecting a preferred alternative, and
implementing stormwater management solutions, including synthetic turf fields, underground
detention, sand filters, new fencing, a maintenance drive, and lighting. Otak's services
encompass project management, landscape and civil engineering, stormwater management,
environmental compliance, and construction cost estimation. Joe is providing engineering
design for civil aspects of the project including a new maintenance access road, field
curbing/fencing, site grading, and PSE.
Otak
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Charles Dewey PE, ENV SP
Water Resources Engineer (Storm Drainage)
Charles is a professional engineer with eight years of experience in the design of
drainage and stormwater facilities, fish passage culverts, and stream restoration
projects. He has conducted hydrologic, hydraulic, and water quality modeling for
feasibility analyses, alternatives evaluation, to size pipe networks, and for final
design. He has also provided construction inspection services and uses this
experience in the preparation of design plans and specifications.
Selected Project Experience
On-Call Stormwater Plan Review, Everett,WA
Water Resources Engineer—Work included review of stormwater elements of development
EDUCATION applications for commercial and residential projects. Otak represented the City in pre-
MSCE,Civil and application meetings with developers to discuss stormwater standards and design elements. In
Environmental Engineering addition, Otak provided support when unusual or complex projects had elements that the City
(University of Washington)
lacked the technical knowledge to review. These situations included modeling, geotechnical
BS,Civil and and hydrogeological concerns, and unusual/highly technical types of development that required
Environmental Engineering
(University of Washington) assistance from licensed civil, structural, and geotechnical engineers. Through this on-call,
REGISTRATIONS& Otak also conducted site assessments at locations with flooding and drainage issues and
CERTIFICATIONS developed a bundle of 22 planning level CIPs for incorporation into the City's Surface Water
Professional Engineer Comprehensive Plan.
Certificate of completion. Little Boston Road Pedestrian Trail; Kingston,WA
Statewide Low Impact Water Resources Engineer—Otak is leading this federally funded project that includes design
Development Design
Certification Program and and construction of 0.75 miles of trail adjacent to Little Boston Road. Project elements consist
Associated Assessments of a ten-foot-wide paved trail including retaining walls, pedestrian bridges, wetland mitigation,
for: Intermediate LID five stream crossings, and frontage impact improvements associated with 14 homeowners.
Design of Bioretention;
Permeable Pavement; Otak's team is providing civil and structural engineering, landscape design, construction
Rainwater Collection document preparation, community outreach, geotechnical investigation, environmental
Systems&Green Roofs; mitigation design, project permitting, and construction assistance. Charles is providing
Hydrologic Modeling;and
Site Assessment,Planning stormwater runoff and drainage management design.
&Layout(Washington
State University's Puyallup Monroe Avenue NE Infiltration Facility; Renton, WA
Research and Extension Water Resources Engineer—Otak completed design of a regional stormwater infiltration facility
Center, Department of to manage stormwater runoff from a 250-acre closed depression in Renton. Project includes
Ecology,and the providing enhanced water quality treatment and stormwater infiltration facility to prevent historic
Washington Stormwater
Center) flooding along Monroe Avenue. Otak provided alternative analysis, hydrologic and hydraulic
Certificate of Completion, modeling of the subbasin to estimate existing flows, assess the capacity of the existing
Confined Space Entry infiltration system, and size the proposed improvements. Otak also developed stormwater flow
(Argus Pacific) control and water quality solutions for the highly urbanized contributing subbasin in the Renton
ENVISION,Envision Highlands area. The existing stormwater conveyance system will convey the runoff from the
Sustainability Professional contributing subbasin to the new facility for treatment and infiltration,which is sized to provide
Credential(Institute for enhanced water quality treatment and will provide infiltration for up through the 100-year event.
Sustainable Infrastructure)
Cleveland Avenue Sewer Replacement and Stormwater Separation; Everett,WA
Engineer/Analyst—Charles modeled water quality and flow conditions and designed
improvements in support of the City's replacement of its 100-year-old combined sewer system
with a new separate sewer and storm drainage systems. The project involved the replacement
of more than 5,500 LF of 8-to 18-inch sewer pipe manhole structures and over 5,000 LF of 8-
to 24-inch new separated stormwater system with over 74 water quality treatment structures.
Charles'analysis and design helped the City align its improvements with Ecology's CSO
compliance memorandum, as well as decrease the depth of the proposed treatment facilities.
Charles Dewey, PE, ENV SP
Water Resources Engineer(Storm Drainage)
Moshier Park Stormwater LID Retrofit; Burien, WA
Water Resources Engineer—Otak led design and provided construction engineering services
for stormwater retrofit of the parking lot, restroom/concessions plaza, and athletic fields.This
included improvements to existing park facilities and constructing new LID stormwater facilities
for water quality and flow control management. The retrofit facilities include underground
infiltration galleries, vegetated bioretention cells, stormwater treatment vaults, and 33,5000 SF
of permeable pavement. New native plantings were installed throughout the site to complete
the suite of LID treatments. Charles provided utility coordination, site assessments,
WWHM2012 hydrologic modeling, and quantity take-offs.
Swift BRT Orange Line; Snohomish County, WA
Water Resources Engineer—Otak led this project involving a 11-mile route lying within
Snohomish County and the cities of Edmonds, Lynnwood, and Mill Creek. Project elements
include a new western terminus at the Edmonds College, construction of 16 BRT stations along
the new corridor and one additional BRT station along the Blue Line, reconstruction of the
existing transit center at the McCollum Park Park-and-Ride, and signal improvements at 14
intersections to improve transit speed and reliability. Charles provided drainage design
including hydrologic and hydraulic modeling, preparation of a TIR, and assisted in preparation
of project documentation including plans, details, special provisions, and determination of
quantities.
Lower French Creek Fish Passage Improvements; Snohomish County,WA
Water Resources Engineer—Charles developed CAD designs, cost estimates, and a screw
pump design in support of the County's retrofit of French Creek pump station. The project was
part of a larger effort to improve water quality and fish passage through agricultural areas.
Although the pump station's original design helped coho salmon travel from the creek to the
Snohomish River, physical and biological barriers—such as the river's high-flow conditions—
impeded the passage of juveniles and other fish species. Charles'work helped the City retrofit
the facility with a screw pump that allowed for easier fish migration.
NE 40th Street Stormwater Trunk Extension; Redmond,WA
Water Resources Engineer—Otak provided final design and construction documents for this
project that includes a new portion of trunkline extending to a new outfall at Lake Sammamish,
upgrades to the existing 42-inch diameter trunkline to accommodate a 50-year flood event, flow
splitter and outfall dissipation structures, and bioretention facilities to provide water quality
treatment of roadway. Work involved environmental studies and permit support, utility
coordination, public and stakeholder outreach, a basin drainage report, and construction
documents. Charles helped design the engineered outfall channel into the lake. During
construction, he provided construction inspection and contract clarification design and drafting
when there were unforeseen conflicts with utilities.
Northeast Redevelopment Area Infrastructure Improvements; Burien,WA
Water Resources Engineer—The Port of Seattle and the City of Burien collaborated on a
redevelopment plan and implementation strategy for Burien's 158-acre NERA,which guides
redevelopment of the area into a mix of airport-compatible light industrial/air cargo uses. For
this project, Otak provided water resources and stormwater management engineering,
environmental studies, and permitting for redevelopment sites, and design of public streets and
utilities infrastructure to implement the strategic redevelopment plan for the NERA. Charles
provided utility coordination,water quality and flow monitoring of Miller Creek, updated the
NERA Master Drainage Plan, design of regional infiltration and detention facilities, quantity
take-offs and cost estimates for the regional facilities, and provided hydrologic and hydraulic
modeling.
Otak
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Melissa Henrikson EIT
Engineering Designer and Water Resources Analyst (Storm Drainage)
Melissa has three years of experience supporting the planning, evaluation, design,
and construction of water infrastructure. She has created and analyzed 1 D and 2D
hydraulic models for existing and proposed development conditions, assessed
compliance of required standards for road flooding and water surface elevation
changes. Melissa has designed mitigation strategies for proposed structural
development and designed solutions to mitigate backwater flooding caused by
existing culverts at access roads. She has also designed flow control solutions to
mitigate stormwater and meet local stormwater requirements.
EDUCATION Selected Project Experience
BS,Civil Engineering-
Environmental Option Olympic Discovery Trail, Anderson Lake Connection; Jefferson County, WA
(California Polytechnic Engineering Designer—Otak is leading the design and permitting for this new three-mile
State University
segment of the Olympic Discovery Trail. This new segment of the trail will connect the south
REGISTRATIONS& end of the Larry Scott Trail at Milo Curry Road to Anderson Lake State Park and be part of a
CERTIFICATIONS
Civil Engineer-in-Training coordinated regional system that will eventually connect the Larry Scott Trail to Discovery Bay
as part of the Eaglemount segment of the Olympic Discovery Trail. The trail will accommodate
pedestrians, runners, bicyclists, equestrians, and other non motorized/recreational trail users.
Otak's design work includes trail lay-out and grading, storm drainage, retaining walls,trail
amenities, a signalized crossing of SR 20, and restoration/landscape design. Melissa is
providing stormwater design, preparing plans, and technical documentation.
Petrovitsky Park Baseball Field Drainage Improvements; King County, WA
Engineering Designer—Otak is leading design of drainage improvements for baseball fields 3
and 4 at Petrovitsky Park. This project follows an initial assessment conducted under an on-call
contract with King County Parks to address drainage issues caused by poor soils and
inadequate infrastructure. The design phase involves sizing and locating stormwater facilities
(compliant with the King County Stormwater Manual), selecting a preferred alternative, and
implementing stormwater management solutions, including synthetic turf fields, underground
detention, sand filters, new fencing, a maintenance drive, and lighting. Melissa is providing
stormwater design, preparing plans, and technical documentation.
Sweetwater Ranch Stormwater Main Replacement; Mill Creek, WA
Engineering Designer—The goal of this project is to replace a damaged stormwater main with a
conveyance with adequate flow capacity while not disturbing adjacent residential structures and
utilities. The project is complicated by a narrow easement, 14-foot-deep pipe, existing
abandoned storm pipe and sanitary sewer, potential groundwater seepage, and adjacent
residential home foundations.A second phase is anticipated involving permitting and final
design of the preferred alternative. Melissa is providing preliminary design and preparing plans
and technical documentation.
Nathan Hale High School Thornton Creek Reach and Buffer Study; Seattle,WA
Engineering Designer—Seattle Public Schools is addressing flooding of Thornton Creek on the
Nathan Hale High School site. Otak is first identifying the cause and impacts of the flooding and
then will be identifying remediation measures including permitting, phasing, and cost estimates.
The remediation goals are to reduce seasonal flooding, improve habitat, and improve the
overall health of Thornton Creek. Currently, an existing conditions data collection and
assessment is being conducted with solution alternatives and concept plans occurring later.
The first phase will allow better definition of the second phase tasks.
Melissa Henrikson, EIT
Engineering Designer and Water Resources Analyst (Storm Drainage)
Elliott Road Culvert Replacement; Snohomish County, WA
Engineering Designer—Otak led the design and is currently providing construction engineering
services for road improvements and a culvert replacement to reduce flooding along Elliott Road
from Anderson Creek. Improvements include raising the roadway, installing a fish passable
culvert, and performing upstream and downstream channel grading. Otak performed 2D
hydraulic modeling of the creek and wetlands to identify the preferred alternative. Otak then
prepared preliminary and final design PSBE for the preferred alternative.Additional work
included a technical(zero-rise and compensatory flood storage analysis)cost and permitting
feasibility study and alternatives analysis on backwater channel alignments, culvert or bridge
use, extents of levee breach, and re-vegetation schemes. Melissa supported plans preparation.
WSDOT NW Region GEC for the Fish Passage Program; WA
Engineering Designer—Otak, as a key subconsultant, is providing on-call support for WSDOT's
fish passage barrier removal program and leading a package of 15 culvert projects from
preliminary through final design. Located along state highways, work includes preliminary
design development through the WSDOT Preliminary Hydraulic Design(PHD) process for
culvert replacements in the Snoqualmie and Sammamish River basins.As part of the PHD
process, Otak is conducting watershed and geomorphic site assessments, hydrology and peak
flow estimates, hydraulic analysis and design, channel design, floodplain storage, climate
resilience, and review fish passage structure types and hydraulic opening widths and lengths.
The analysis and design must receive approval of the resource co-managers, WDFW, and the
local Tribes, and the design and analysis must follow the WDFW Water Crossing Design
Guidelines including the Stream Simulation method and analyzing floodplain connectivity.
Melissa is providing preliminary design and preparing plans and technical documentation.
Gilliam Creek Fish Barrier Removal; Tukwila, WA
Engineering Designer—Otak is leading this project to remove fish barriers and restore fish
access to Gilliam Creek while improving flood protection. Work will restore access and
shoreline habitat as part of a watershed-wide effort to restore ESA-listed Chinook salmon and
will be designed to allow juvenile fish access between the creek and the river, which are tidally
influenced. Options will be evaluated for replacing the existing tidegate at a different location
and opening the confluence with the Green River with a pedestrian bridge for the Green River
Trail. Habitat enhancements will occur upstream and downstream of the existing culvert. The
project also addresses recreational, aesthetic, and educational opportunities and constraints
associated with the adjacent Green River Trail and trailside park area. Melissa is providing
preliminary design and preparing plans and technical documentation.
Hilltop Community Park; Burien, WA
Engineering Designer—Otak is preparing a master plan that includes pedestrian trail
improvements, recreational opportunities, environmental education, and maintenance access.
Otak's sciences team delineated wetlands and stream boundaries within the five-acre park,
including preparation of a critical areas report,wetland functional assessments and ratings,and
critical area maps. Buffer mitigation and restoration in the park is included to offset park
improvements for critical areas code compliance. Melissa is providing stormwater design and
preparing plans and technical documentation.
Otak
//I► 2
Jeff Gray Pws
Senior Scientist
Jeff is a professional wetland scientist and ecologist with 18 years of experience
performing environmental and ecological investigations and obtaining required
approvals from regulatory agencies for public projects. He has performed wetland
delineations and determinations; developed and implemented mitigation plans and
prepared environmental permit applications to multiple state and federal agencies. He
has obtained Jurisdictional Determinations (JDs) and preliminary JDs to support
Section 404/401 permit applications to the USACE and has assisted on endangered
and threatened species and habitat field surveys. Jeff has experience on a variety of
projects, including fish passage improvements, motorized and nonmotorized
transportation projects, bridge replacements, port facilities, and public policy analysis.
EDUCATION Selected Project Experience
MS,Natural Resource
Management(Central Westport Golf Links Permitting Support; Westport, WA
Washington University) Senior Scientist—This project will develop a new 18-hole golf resort with ancillary services and
CERTIFICATIONS amenities. Jeff supported the SEPA Environmental Impact Study process by providing policy
Professional wetland analysis, permitting strategy with local, state, and federal agencies, and verifying wetlands and
Scientist
habitat conditions in the interdunal coastal wetland system. He also assisted in preparing the
WSDOT Fish Passage and Stream Restoration historical analysis of the shoreline and beach formation following installation of the Gray's
(FPSRD)program Harbor south jetty.
King County Metro South & Central Transit Base Expansion Work Order A&E
Planning; King County,WA
Senior Wetland Scientist—Otak was the prime contractor for a multi-year on-call agreement
with King County to expand the existing Central and South Base transit facilities. Expansion
goals for both bases will significantly increase capacity for core base functions(bus parking,
maintenance, and operations) and relocate support functions to accommodate growth in the
number of coach operators and mechanics. Otak's tasks included analysis supporting potential
land acquisition;facility planning and programming; development of detailed planning-level site
and building concepts and costs; and strategic planning to prioritize different potential
expansion-related projects. Jeff led initial coordination on wetlands, streams, and critical areas
for the South Annex Base to support the compliance and concurrence process through the
FTA. Otak's work includes project management, architecture, site planning, environmental
review, permitting, civil and structural engineering, and surveying.
On-Call Environmental Services and Third-Party Review; Bellevue,WA
Scientist—Otak provided on-call environmental and third-party review services for the City for
three years. Duties included working in a direct capacity for the City to conduct environmental
work for capital improvement projects,to provide environmental review on development
projects, and provide professional services to private development applicants. Jeff delineated
wetlands, rated wetland functions, and reviewed the City's Critical Areas Ordinance to
determine buffer widths and potential development constraints.
On-Call Environmental Services and Third Party Review; Woodinville, WA
Scientist—Otak is providing on-call peer review services to the City for environmental
assessments and third-party review of development permit applications for compliance with
critical areas regulations. We act as de facto City staff, interpreting City code and representing
City interests in the review and conditioning of development approvals for compliance with the
Woodinville Municipal Code. Otak scientists conduct field verifications of wetland, stream, and
fish and wildlife habitat conditions and evaluate proposed mitigation for development projects.
Jeff Gray, PwS
Senior Scientist
On-Call Environmental Services; North Bend,WA
Scientist—This on-call contract provides peer review services for SEPA compliance and critical
areas review(e.g.,wetland, stream, and wildlife habitat)for development applications. Otak
provides expert peer reviews of development proposals for compliance with North Bend's
Municipal Code and SEPA. Otak prepares Threshold Determinations based on applicant's
proposed action, identifies mitigation measures to reduce adverse impacts, and requests
additional information when necessary to document SEPA compliance. Additional on-call
services with the city include environmental, drainage and stormwater, floodplain, landscape
architecture and visual resource assessment, and planning.
Olympic Discovery Trail,Anderson Lake Connection; Jefferson County, WA
Scientist—Otak Is leading design and permitting for a new three-mile segment of the Olympic
Discovery Trail near Chimacum, including completing the wetland and stream delineation to
support environmental permit applications with local, state, and federal agencies. Otak
prepared the wetland and stream delineation report that was reviewed and approved by
regulatory agencies. The baseline mapping is the basis for identifying avoidance and
minimization measures during design, and completing the project impacts assessment,
mitigation planning, and permit applications. The trail corridor and wetland delineation required
assessing wetland and stream habitats along transportation corridors, recently logged forest
lands, a disturbed utility corridor, and rural residential landscapes.
On-Call Environmental Services and Third Party Review; Renton,WA
Senior Wetland Scientist—Otak performs on-call third party environmental reviews of projects
submitted to the City. Our role is to act as technical staff for the City to ensure that applications
satisfy Renton Municipal Code requirements, and to provide environmental assessments for the
City. For example, Otak staff regularly field-verifies compliance with compensatory mitigation
requirements for development projects. In addition, Otak was chosen to serve as direct
technical advisors for City staff. In this role we are available to assist City staff on technical
issues relating to code interpretation or other areas of need.
On-Call Environmental Services; Snoqualmie,WA
Scientist—This on-call contract provides wetland, stream, riparian, and general critical area
habitat delineation and characterization. Much of the work involves environmental monitoring
based on Otak's ten-year history with the City. Services will also include conducting natural
resource inventories and planning, providing permitting and regulatory compliance assistance,
design implementation, and construction management of mitigation and monitoring. Additional
work will include grant writing, shoreline management planning assistance, and ESA
compliance under a proposed programmatic approach for floodplain development, along with
review and refinement of existing or new regulatory codes.
San Juan Island National Historical Park,American Camp Visitor Center; WA
Permitting/Compliance Lead—Includes replacement of a temporary facility with a 2,300 SF
visitor center on the same site. This provides space for visitor orientation, seating for an
audiovisual program, accessible exhibits, restrooms, and office and storage space.Also
includes expanded parking, an outdoor amphitheater, and replacement of the septic system.
Jeff prepared permit lists and plans and completed fieldwork as necessary.
Cape Disappointment State Park Welcome Center and Entrance; WA
Permitting Lead—Otak is leading this project to enhance the arrival experience, improve
vehicular and pedestrian circulation, align the missing leg of the Three Waters Trail, road
design, enhance wayfinding, and develop a new welcome center and parking, and rehabilitate
the current administrative center. Services include surveying,wetland delineation and critical
areas reporting, GIS mapping, architecture, structural and civil engineering, site design, and
landscape architecture. Jeff is providing environmental services, including wetland and stream
delineation,wildlife habitat assessment, critical areas report preparation, environmental
permitting and compliance documentation, and mitigation planning.
Otak
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Otak
Jaimee Cornwell
Wetland Scientist
Jaimee is an environmental scientist with 24 years of experience completing
environmental baseline documentation, including wetland and stream delineations,
habitat assessments, and preparing impacts analyses, permit applications, and
mitigation plans. She has experience with federal (NEPA, ESA, CWA) and state
(SEPA, CEQA) environmental laws and compliance requirements. She leads
biological field studies to identify wetlands, streams, and threatened/endangered
species habitats, and is the lead author on technical documents (biological
assessments, aquatic resource delineations, botanical surveys) for compliance with
federal, state, and local environmental regulations and policies. She obtains Section
404/401 authorizations under the Clean Water Act, HPAs from WDFW, and critical
areas permits for local agencies for projects with aquatic resource impacts.
EDUCATION Selected Project Experience
BA,Biology(University of
Montana) On-Call Environmental Services; Woodinville, WA
AWARDS/HONORS Environmental Scientist—Otak is providing on-call peer review services to the City for
USACE Wetland environmental assessments, and third-party review of development permit applications for
Delineation Training engineering and design considerations. We act as de facto City staff, interpreting City code and
Certificate of Completion
representing City interests in the review and conditioning of development and other permit
USDA Award for hard work applications for compliance with the City of Woodinville Municipal Code. Otak scientists conduct
and enthusiasm dedicated
to the salvage logging and field verifications of wetland, stream, and fish and wildlife habitat conditions in the City. Jaimee
woodpecker study recently provided wetland and stream peer review services for the Greenbriar Trail project and
USDA Award for an 8-acre greenfield proposed for a light industrial development.
contributions to research of
effects of exotic weeds and On-Call Environmental Services; Snoqualmie,WA
restoration treatments on Environmental Scientist—This on-call contract provides peer review services for development
native vegetation of Rocky projects that impact critical areas regulated under the Snoqualmie Municipal Code, such as
Mountain savannas wetlands, streams, riparian, and fish and wildlife habitat conservation areas. Work also includes
Designated a Scholar of environmental monitoring based on Otak's ten-year history with the City. Services also include
the College of Arts and conducting natural resource inventories and planning, providing permitting and regulatory
Sciences for Outstanding
Academic Achievements compliance assistance, design implementation, and construction management of mitigation and
Dean's List recognition for monitoring. Jaimee conducts environmental monitoring required as a condition of the SR II
Excellence in Learning and residential development project to protect sensitive and rare bog wetlands in the city limits.
Performing
Proposed Golf Course; Westport, WA
Awarded the Western Biologist—Jaimee developed a working knowledge of the unique interdunal wetland
Undergraduate Exchange
Scholarship environment while completing wetland delineations in the nearshore environments at Westport,
Ocean Shores, and the Long Beach Peninsula. Her past projects involved conducting field
studies, obtaining local, state, and federal permits and creating and implementing mitigation for
developments in Grays Harbor and Pacific counties. One of her projects included being a
member of a team responsible for cataloging over 30 hectares of wetland-upland mosaic
habitat for a golf course previously proposed at Westhaven State Park. (prior to Otak)
Alderwood Mall Parkway; Snohomish County,WA
Senior Environmental Scientist—This project takes the 30%design, plans, quantities, and
documents prepared by Snohomish County and carries the project forward through 60%and
final design for 1,700 LF of roadway widening and associated storm drainage and fish passage
stream crossing infrastructure improvements. Jaimee helped in preparation of the Biological
Assessment for this project that involved obtaining permits, including a Letter of Concurrence
from NOAA that the project will have no effect on federal species and their habitat.
Jaimee Cornwell
Wetland Scientist
Sweetwater Ranch Stormwater Main Replacement; Mill Creek,WA
Wetland Scientist—This project replaces an existing damaged stormwater main with a
conveyance with adequate flow capacity while not disturbing adjacent residential structures and
utilities. It is complicated by a narrow easement, 14-foot-deep pipe, existing abandoned storm
pipe and sanitary sewer, potential groundwater seepage, and adjacent residential home
foundations. Our team provided site investigation and characterization including geotechnical
investigation structural assessment of the adjacent residential structures, surveying including
settlement monitoring, hydrologic and hydraulic capacity analysis, alternatives analysis in
coordination with geotechnical and structural engineering,type, size and location for the
stormwater main, utility coordination, and preliminary design. Jaimee is leading the wetland
delineation, environmental permitting, and mitigation planning. She is preparing the JARPA
form and figures,onsite mitigation plan, and SEPA checklist for permitting with the USACE and
City of Mill Creek.
Little Boston Road Pedestrian Trail; Kingston,WA
Environmental Scientist—Otak is leading this federally funded project that includes design and
construction of 0.75 miles of trail adjacent to Little Boston Road. Project elements consist of a
ten-foot-wide paved trail including retaining walls, pedestrian bridges,wetland mitigation, five
stream crossings, and frontage impact improvements associated with 14 homeowners. Otak's
team is providing civil and structural engineering, landscape design, construction document
preparation, community outreach, geotechnical investigation, environmental mitigation design,
project permitting, and construction assistance. Jaimee supported the wetland and stream field
studies, coordination with the Tribe, completing the wetland and stream delineation report,
federal ESA consultation, and mitigation for impacts to biological resources.
North Bluff Road Culvert Replacement; Island County, WA
Environmental Scientist—Under an environmental on-call contract, Otak completed a wetland
and stream delineation and habitat assessment and prepared a Critical Areas Report to support
Public Works in permitting with regulatory agencies. Project work includes replacing an
undersized road culvert that is a barrier to fish passage with a new structure designed in
accordance with WDFWs 2013 Water Crossing Guidelines. Otak additionally evaluated
impacts to ESA-listed species in the Puget Sound nearshore environment and received a
Consistency Determination under the Fish Passage and Restoration Programmatic(FPRP III)
Agreement from the USACE and NMFS. Jaimee completed the wetland presence
determination and stream ordinary high water mark delineation in the field and evaluated
wildlife habitat conditions. She is preparing the delineation report and Biological Evaluation for
ESA compliance to support the County's permit applications with regulatory agencies.
WSDOT Northwest Region GEC for Fish Passage Program; WA
Environmental Scientist—Otak, as a subconsultant, is providing is providing on-call staff
augmentation for wetland services to support WSDOT's fish passage barrier removal program
and other transportation projects. Jaimee is leading wetland and other waters delineations and
was the primary author on WSARs for projects at 1-5 Freedom Creek in Snohomish County; 1-5
Tributaries to Friday, Lake, and Chuckanut creeks in Skagit and Whatcom counties, SR 2 Mega
Bundle, Snohomish and King counties; and the SR 410 Clay Creek in King County. Jaimee and
other Otak wetland scientists have completed WSARs for culvert replacements and linear
transportation projects in the Snoqualmie, Snohomish, and Sammamish River basins,which
are used as the basis for calculating impacts and permit authorizations.
Hood River County Bridges; Hood River, OR
Senior Environmental Scientist—Jaimee was part of the team and completed site visits
(Herman Creek, Neal Creek, East Fork Hood River, West Fork Hood River)to identify potential
impacts to biological and cultural resources and any associated permits or other regulatory
documentation and mitigation needed to complete the project as proposed.
Otak
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Kevin Corrigan
Environmental Scientist
Kevin has eight years of experience applying ecological science and GIS technology
A to habitat assessments and wetland delineations, environmental regulatory
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compliance, and natural resources management. He is skilled in quantitative field
+ techniques, spatial analysis, plant taxonomy, and environmental data analysis. Kevin
supports senior scientists in various field activities, including wetland delineations,
ordinary high-water determinations, and habitat assessments; in technical report
preparation; and in the production of spatial data representations using ArcGIS Pro
software. He has a Certificate in Environmental Geomatics and uses spatial data to
prepare report exhibits for communicating site conditions to regulatory agencies.
Selected Project Experience
EDUCATION On-Call Environmental Services; Snoqualmie,WA
BS, Ecology and Natural Environmental Scientist—This on-call contract provides wetland, stream, riparian, and general
Resources Management
(Rutgers University) critical area habitat delineation and characterization. Much of the work, both ongoing and
future,will involve environmental monitoring based on Otak's ten-year history with the City.
Services will also include conducting natural resource inventories and planning, providing
permitting and regulatory compliance assistance, design implementation, and construction
management of mitigation and monitoring. Additional work will include grant writing, shoreline
management planning assistance, and ESA compliance under a proposed programmatic
approach for floodplain development, along with review and refinement of existing or new
regulatory codes.
Sweetwater Ranch Stormwater Main Replacement; Mill Creek, WA
Environmental Scientist—The goal of this project is to replace an existing damaged stormwater
main with a conveyance with adequate flow capacity while not disturbing adjacent residential
structures and utilities. The project is complicated by a narrow easement, 14-foot-deep pipe,
existing abandoned storm pipe and sanitary sewer, potential groundwater seepage, and
adjacent residential home foundations. Limited information is known on existing site conditions
(surface and subsurface), utilities, and required flow capacity. Kevin completed on-site wetland
delineations and provided cartographic and spatial analysis support using GIS and survey data.
WSDOT NW Region GEC for Fish Passage Program; WA
Environmental Scientist—Otak, as a subconsultant, is providing on-call staff-augmentation
support for WSDOT's fish passage barrier removal program and other transportation projects.
Otak wetland scientists have completed Wetland and Stream Assessment Reports(WSAR)for
culvert replacements and linear transportation projects in the Snoqualmie, Snohomish,
Sammamish, and Stillaguamish River basins, which are used as the basis for calculating
impacts and permit authorizations. Kevin is completing on-site wetland and stream delineations,
functional assessments, drafting sections of the wetlands and streams assessment report, and
providing cartographic and spatial analysis support using GIS and survey data.
Elliott Road Culvert Replacement; Snohomish County, WA
Environmental Scientist—Snohomish County is replacing a failing culvert and realign Anderson
Creek to reduce frequent road flooding along Elliott Road. Kevin completed wetland
delineations and ordinary highwater determinations for the project area, as well as provided
updates to project maps, figures, and spatial data for previously completed reports during the
alternatives analysis. Kevin is supporting preparation of the SEPA checklist, JARPA application,
mitigation and onsite restoration planning, and permitting and compliance strategy for the
project.
Kevin Corrigan
Environmental Scientist
Kimball Creek Bridges; Snoqualmie, WA
Environmental Scientist—Snoqualmie planned to restore two bridges along Meadowbrook Way
SE proving crossings to Kimball Creek and East Branch Kimball Creek. Repairs will be based
on previously prepared concept-level recommendations in the original contract scope of work
and will include utility coordination; cultural and historical analysis; permitting and
environmental documentation; hydraulic design; civil roadway design, bridge repair design; and
development of plans, specifications, and construction cost estimate. Kevin conducted wetland
delineations, prepared wetland ratings, completed drafts of critical areas reports, and prepared
necessary permit application documents ensuring the project was compliant with all applicable
environmental regulations.
NE Highway 99 Sidewalk Improvements; Clark County,WA
Environmental Scientist—Clark County is planning the installation of new sidewalk adjacent to
northbound NE Highway 99 between NE 102nd Street and NE 104th Street and over Tenny
Creek. Kevin conducted wetland delineations, prepared wetland ratings, and completed critical
areas reports. Kevin is supporting preparation of the NEPA Categorical Exclusion
documentation due to funding from FHWA,the bank use plan to offset project impacts to
vegetated buffers along the Type F watercourse, and local permit applications documenting
project compliance with all local and state applicable environmental regulations.
179th Street and 50th Street Permitting; Clark County,WA
Environmental Scientist—Clark County planned the addition of right-turn lanes to eastbound
and westbound NE 179th Street at its intersection with NE 50th Avenue. Kevin supported
preparation of environmental compliance and permitting documentation, including the wetland
and stream delineation report, SEPA checklist, bank use plan for offsetting mitigation, and
JARPA for Section 404/401 authorizations form the USACE. Kevin also provides GIS and
AutoCAD support for utilizing project design and survey data to prepare permit applications.
SHD-18 Gren Valley Road; Auburn,WA
Environmental Scientist—Puget Sound Energy planned infrastructure improvement projects
along approximately 2.5 miles of Southeast Green Valley Road in King County to address and
reduce frequent power outages. Kevin completed wetland delineations, provided wetland
ratings, and drafted sections of a critical areas report to determine the potential environmental
impacts of the proposed project for permitting with King County. Offsetting mitigation included
the purchase of mitigation credits from the King County Mitigation Reserves Program for stream
and wetland buffer impacts.
BLU-13 Military Road East; Tacoma,WA
Environmental Scientist—Puget Sound Energy planned infrastructure improvement projects
along approximately 1.5 miles of Military Road East in Thurston County to address and reduce
frequent power outages. Kevin completed wetland delineations, provided wetland ratings, and
drafted sections of a critical areas report to determine the potential environmental impacts of
the proposed project and offsetting mitigation. Otak is supporting Puget Sound Energy in the
permit review process with Thurston County for impacts to critical area buffers. Otak also
provided design change recommendations to avoid wetland impacts and the USACE permitting
process.
Mount Rainier National Park, Ohanaceposh Campground Rehabilitation; WA
Environmental Scientist—Otak designed the rehabilitation of a campground at Mount Rainier
National Park, funded by the Great American Outdoors Act.The project will upgrade three of
the eight campground loops, two comfort stations, and sewage lines to improve visitor
experience and protect the Ohanapecosh River.As the park's largest campground with over
180 sites, Ohanapecosh hosts more than 100,000 visitors each year, offering access to its old-
growth forest. Kevin assisted with preparation of the Biological Assessment,wildlife habitat
surveys for ESA-listed species, wetland and stream delineation and report, and acquiring
USACE permit for construction.
Otak
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Otak - . •
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11241 Willows Road NE, Suite 200
Redmond, WA 98052 1 425.822.4446