Council authorizes $25,000 design workshop with Dutch firm after debate over public input and contract terms

Bainbridge Island’s City Council voted Feb. 3 to authorize the acting city manager to sign a $25,000 professional services agreement with Dutch design firm Haskoning for a two-day design workshop connected to the Washington State Department of Transportation High School Road/Highway 305 project.

The council debate focused on whether the small, preselected workshop would give the public meaningful input, whether the city’s ideas could be carried forward to WSDOT, and contract language that leaves ownership of deliverables with the consultant while granting the city a limited, nontransferable license.

Acting city manager (unnamed in the record) told the council staff had negotiated a draft contract and that, “If you provide guidance that, yes, we should go ahead, a design workshop related to the Washington State Department of Transportation project will be held next week.” The draft calls for roughly 12 participants split evenly among city staff, WSDOT staff and community representatives and anticipated two firm representatives from Haskoning.

Councilmember Glenn read aloud concerns in the contract, including that the workshop product would be nonbinding on WSDOT and that the general public would not be included. "This contract would cost the city $25,000 for a two-day workshop with a limited group of staff and invited participants," Glenn said, questioning flying consultants from the Netherlands for a nonbinding discussion.

Councilmembers also flagged Section 7 of the contract, which the council noted vests intellectual property in the consultant and grants the city a nonexclusive, nonrevocable, nontransferable license to use the materials "for the purpose of which the services are provided." Deputy Mayor Hightopoulos and Councilmember Nelson specifically raised concerns about the indemnification clause and the lack of a competitive procurement process.

Councilmember Schneider moved to authorize the acting city manager to sign the agreement; Councilmember Matthews seconded. After extended discussion about process, costs and whether community organizations were providing part of the funding, the motion passed with a reported final tally of 4 yes and 2 no. Mayor Moriwaki recorded a nay vote.

The council record indicates some community organizations committed funding to the workshop to reduce the city’s outlay; Schneider told colleagues that Sustainable Bainbridge and the Bainbridge Parks and Trails Foundation were contributing. Council members weighing the motion contrasted the $25,000 workshop cost with recently awarded human-services grants and questioned whether contingency funds were the appropriate source.

What happens next: if the city proceeds, the two-day facilitated design workshop will occur with the stated participant mix; the consultant retains ownership of deliverables under the draft contract, and the city would receive a limited license to use the materials in support of input to WSDOT. The acting city manager said WSDOT will continue to provide public engagement opportunities independently of the workshop.

The council adjourned after the vote.