HomeMy WebLinkAboutStatesman Garth Mann - 021213011GIiNCC
AGREEMENT
FOR AN APPLICANT TO PAY FOR PREPARATION OF A SUPPLEMENTAL
. ENVIRONMENTAL IMPACT STATEMENT
PLEASANT HARBOR MARINA & GOLF RESORT, LLP, by its President/CEO
Garth Mann, hereinafter referred to as APPLICANT, and JEFFERSON COUNTY, a
municipal corporation, hereinafter referred to as COUNTY, in consideration of the
mutual promises, covenants, terms and conditions contained herein, agree and contract as
follows:
I.
The Pleasant Harbor Master Planned Resort proposed by the APPLICANT to be
constructed within unincorporated Jefferson County ("the Project") will require
preparation pursuant to the State Environmental Policy Act (SEPA), specifically a
Supplemental Environmental Impact Statement (or "SEIS") to supplement the
programmatic or "non -project" Final Environmental Impact Statement published
September 5, 2007, for use in the analysis of the Project.
II.
A business entity, EA Blumen, hereinafter "the CONSULTANT,' has been
selected by the COUNTY to provide preparation of a supplemental environmental impact
statement (SEIS) and to assist the County in the generation and preparation of
development regulations, and development agreement for the Project. The scope of
services (Attachment A to the COUNTY -CONSULTANT contract), includes, but is not
limited to: complete a preliminary draft SEIS, revise the preliminary draft SEIS based
upon comments received, attend public hearing of the Planning Commission and present
a Draft SEIS, prepare preliminary Final SEIS based upon comments received, revise as
necessary and coordinate production of Final SEIS for issuance consistent with a
Development Agreement and Regulations. The CONSULTANT and COUNTY have
separately contracted to have the above -listed products completed in a satisfactory and
proper manner (as determined by the County).
The CONSULTANT may retain and hire in a manner consistent with Section II of
that separate Agreement subconsultants to perform a portion of the work that is the
subject of this Agreement. Should subconsultants be require, the reason and cost for the
subconsultant will be approved by the applicant.
The APPLICANT hereby agrees to cooperate with the CONSULTANT in
preparing the necessary products under the direction of the COUNTY, responding to
comments provided by the CONSULTANT regarding the APPLICANT'S Project,
documents, and other products relating to the Project, and to pay the reasonable costs of
County/Statesman SEIS: November 2012
having the products reviewed and commented upon by the CONSULTANT. If the
CONSULTANT communicates with the APPLICANT without COUNTY participation,
then the CONSULTANT will provide written summaries of all communications in which
the COUNTY is not a participant. No substantive decisions shall be made at these
meetings without COUNTY approval. The Consultant, the County and the Applicant will
meet on site February 2013 in order that the Consultant is properly informed and capable
of understanding the various reports.
IV.
The APPLICANT is solely responsible for obtaining and retaining the personnel
with the necessary skills and expertise it needs in order for it to perform its obligations as
listed in this Agreement.
V.
The COUNTY will provide the APPLICANT with an invoice for
CONSULTANT services rendered by the 251h of each month. Invoices must include the
budget and the work completed for the billing period, with costs to complete recorded.
The APPLICANT shall provide payment to the COUNTY on or before the last working
day of the following month. Payments not made on or before the last working day of the
month shall be subject to interest at the rate of 1.5% per month for each month or portion
of a month the payment is late. If two COUNTY invoices are not paid timely then the
COUNTY may request that the APPLICANT put into escrow with the COUNTY an
amount equal to ten percent (10%) of the costs that the CONSULTANT has estimated in
Attachment A to the COUNTY -CONSULTANT contract. If an escrow account is in
place and another invoice is not timely paid the COUNTY may withdraw the amount it is
owed from the escrow account and request that the APPLICANT replenish the escrow
account so that it again reflects an amount equal to ten percent (10%) of the costs the
CONSULTANT has estimated in Attachment A described previously.
VI.
The APPLICANT agrees to provide the CONSULTANT and the COUNTY with
expert's reports, scientific reports or surveys, site plans, plans, survey maps and such
other information not already contained in the project application record when the listed
items are reasonably available for the use of the CONSULTANT for their review. The
CONSULTANT agrees to review the materials in a timely manner and provide comments
to the COUNTY and the APPLICANT in accordance with a mutually agreed upon
review scheduled. The COUNTY shall provide the APPLICANT with ample opportunity
to make comment on any formal reports or recommendations prior to finalization of the
SEIS. The APPLICANT, the CONSULTANT and the COUNTY further agree to fully
cooperate with each other so as to cause the efficient and prompt preparation of the SEIS.
County/Statesman SEIS: November 2012
2
VII
This section will describe conditions governing internal communications protocol (ICP)
among the internal core members: the COUNTY, APPLICANT and CONSULTANT.
1. APPLICANT will not communicate with CONSULTANT except with prior electronic,
written or telephonic notice, to the COUNTY and approval from the COUNTY, of the
substance of proposed communication. A simultaneous email to the COUNTY and
CONSULTANT is consistent with this provision.
2. Alternately, the APPLICANT, CONSULTANT and the COUNTY may arrange to
convene together in person, by telephone, or by other electronic means that technology
may allow at a time and place that is mutually convenient for all.
3. CONSULTANT will provide the COUNTY with a written summary of any and all
communication that takes place between APPLICANT, the COUNTY and
CONSULTANT regarding the project. This summary will arrive, via email, to the
COUNTY within seven (7) business days after the communication.
4. If the COUNTY or CONSULTANT is initiator of draft documents, such as meeting
agendas, summaries of meetings and other material related to meetings, then these can be
disseminated without — prior COUNTY approval as long as the documents go to all the
involved participants at the same time.
5. If APPLICANT initiates an email to both the COUNTY and CONSULTANT, at the
same time, then that is considered to be notification by APPLICANT to the COUNTY
prior to communicating with CONSULTANT.
6. Email responses by CONSULTANT to APPLICANT must also be communicated to
the COUNTY at the same time.
7. CONSULTANT will direct all subconsultants to follow the ICP set forth above.
VIII
In the event APPLICANT or the COUNTY wishes to suspend the work being
performed under this Agreement, the suspending party shall notify the APPLICANT, the
COUNTY and the CONSULTANT (as applicable) by certified mail not less than seven
(7) days before the proposed suspension date that work is to be suspended and the
reasons therefore. Providing the budget as Attachment A has not been exceeded,
suspension of the work covered by this agreement shall not exceed forty-five (45) days
unless all parties to the Agreement agree in writing to a longer period of time.
County/Statesman SEIS: November 2012
IX.
Any party to this Agreement may allege a breach of this Agreement for alleged
default upon thirty (30) days' written notice to the other party, said notice to include a
description of the alleged breach of the Agreement by the non -terminating party. During
those 30 days the party that has allegedly breached the Agreement must either take action
to cure the alleged breach or may express in writing their desire to have the Agreement
terminated. Upon sixty (60) days' notice any party to this Agreement may terminate this
Agreement for any reason. Termination for any reason upon 60 days' notice does not
impose upon the party seeking to invoke that contractual right an obligation that said
party has previously alleged a breach of contract.
X.
In the event that this Agreement is terminated for any reason, the CONSULTANT
shall be paid for all services performed prior to receipt of notice of termination. Any
funds in the escrow account, if applicable, will be returned to the APPLICANT not less
than twenty (20) days after the termination becomes effective.
XI.
APPLICANT agrees that all property and reproduction rights in the products (as
that term is defined in this Agreement) submitted by the CONSULTANT in the course of
execution of this Agreement shall be considered in the public domain and not subject to
copyright. APPLICANT acknowledges that the COUNTY is subject to the Public
Records Act now codified at Ch.42.56 RCW.
XII.
Unless otherwise specified within the Agreement, this proposal shall be governed
by the laws of Jefferson County and the State of Washington.
XIII.
Each party to this Agreement shall protect, defend, save harmless and indemnify
the other party, its employees and representatives from and against all claims, suits, and
actions brought by third -parties not a signatory to this Agreement (or their legal
representatives) to the extent caused by that party's negligent acts, errors or omissions in
the performance of services and obligations under this Agreement.
XIV.
The APPLICANT shall obtain and keep in force during the term of this
Agreement the following insurance with companies or through sources approved by the
WA State Insurance Commissioner pursuant to Ch. 48.05 RCW:
County/Statesman SEIS: November 2012
4
General Commercial Liability ("GCL") Insurance in an amount not less than a
single limit of One Million Dollars ($1,000,000.00) per occurrence and an aggregate of
not less than twice the occurrence amount, or Two Million Dollars ($2,000,000.00) for
bodily injury, including death and property damage. The insurance coverage provided to
the COUNTY shall contain no limitations on the scope of the protection provided and
shall include the following minimum coverages:
a. Broad form property damage, with no employee exclusion
b. Personal injury liability, including extended bodily injury
C. Broad form contractual/commercial liability including completed operations
d. Premises —operational liability
e. Independent consultants and sub -consultants
f. Blanket contractual liability.
Worker's Compensation, Industrial Insurance and employer's liability insurance in
an amount equal to or greater than that required by the State of Washington.
Commercial automobile insurance liability insurance policy 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 required of the APPLICANT pursuant
to this Agreement for a combined single limit of not less than $250,000 each occurrence.
Proof of the existence of the above -described policies of insurance shall be
provided by the APPLICANT to the COUNTY within twenty (20) days of the execution
of this Agreement.
The parties intend that an independent contractor relationship shall be created by
this Agreement. No agent, employee, servant or representative of the APPLICANT shall
be deemed to be an employee, agent servant or representative of the COUNTY.
Employees of the APPLICANT are not entitled to any of the benefits the COUNTY
provides for their employees. The APPLICANT shall be solely and entirely responsible
for its acts and for the acts of its agents, employees, servants, representatives and
subcontractors during the performance of this Agreement. In the performance of the
services herein contemplated, the APPLICANT is an independent contractor with the
authority to control and direct the performance of the details of the work.
XVI.
In the event of any dispute or disagreement regarding the terms of this Agreement
and/or the obligations of the parties under this Agreement, the parties agree that said
dispute or disagreement shall be submitted first to the Director of the Department of
Community Development of Jefferson County (the "Director") for resolution. Either
party to this contract may appeal the decision of the Director by submission of a request
for binding arbitration to either the American Arbitration Association (AAA) or to the
County/Statesman SEIS: November 2012
Judicial Arbitration and Mediation Service (JAMS) for resolution under their rules and
procedures. The parties involved in Arbitration shall share the costs of the Arbitrator. The
Decision of the Arbitrator shall be final and binding upon the parties to this contract.
XVII.
The parties agree that the only venue for any lawsuit (at law or equity) arising
from or related to this Agreement shall be the Superior Court In and For the County of
Jefferson. The prevailing party shall be entitled to payment of its reasonable attorneys'
fees and related costs and expenses by the non -prevailing party.
XVIII.
Approval or acceptance by the COUNTY of any of the product(s) generated by
the CONSULTANT shall neither constitute nor be deemed a release of the responsibility
and liability of the APPLICANT, or of its employees, officers or subconsultants, to
satisfy and comply with the terms and obligations this Agreement imposes on the
APPLICANT. Acceptance of the product by the COUNTY does not constitute on the
COUNTY's behalf the waiver by the COUNTY of any other rights or remedies that this
Agreement allows it to seek or pursue against the APPLICANT.
XIX.
The name of the contact person for each of the parties to this Agreement as well
as his or her business address, business phone and e-mail address are provided below.
The parties acknowledge that notice to other parties may be provided by either certified
mail/return receipt requested, facsimile or via electronic mail.
Jefferson County
Department of Community Development
Attn: David Wayne Johnson
621 Sheridan St.
Pleasant Harbor Marina & Golf
Resort, LLP
Attn: Garth Mann
7370 Sierra Morena Blvd SW
Port Townsend, WA 98368 Calgary, AB T3H 41-19
CANADA
XX.
Regardless of the method used to convey the notice, the date of receipt shall be
the effective date for the purposes of this Agreement.
XXI.
Any amendment to this Agreement shall not be effective unless memorialized in a
writing approved and executed by each party to this Agreement.
0;4
County/Statesman SEIS: November 2012
6
This Agreement, together with any attachments thereto, represents the entire and
integrated Agreement between the APPLICANT and the COLNTY. This Agreement
supersedes all prior negotiations, representations and/or agreements previously or orally
made.
IN WITNESS WHEREOF, the parties have executed this Agreement on the date first
below written.
PLEASANT HARBOIj MARINA & GOLF RESORT, LLP
Or& L�Lr� a A
Garth Mann Datd
CEO
County/Statesman SEIS: November 2012
7
ZOVS
APPROVED AND SIGNED THIS 1 ('''� day of ZGtz'
V
SEAL JEFFERSON COUNTY BOARD OF COMMISSIONERS
c. N
Jo4 Austin, C airman
/44 f
!% David Sullivan,Member
Phil Johnson, Member
Approved as to form:
12 MIS
David W. Alvarez, C ' f Civil DPA,
Jefferson County
County/Statesman: October 2012
ATTACHMENT A
Scope of Work
EAi Blumen will manage preparation of the Pleasant Harbor SE IS, in coordination with the SEIS team and
under the direction of Jefferson County. Following are our overall assumptions for the SETS.
Overall Assumptions
• We assume that draft technical reports in the following areas have been prepared and
occasionally peer- reviewed by ESA Adolfson and the County; it is assumed that the technical
reports include analyses sufficient to address the SEPA related conditions listed in Ordinance
01-0128-08 63. We will either incorporate these revised reports into the SEIS,or reports that
have received a second round of review by ESA Adolfson and the County (we will confirm the
approach in Phase
1- Project Initiation). The reports will be appended to the SEIS. EAIBlumen will summarize the
reports in the text of the SEIS.
o Shellfish (GeoEngineers, Inc.)
o Water (Bender Consulting, LLC and Subsurface Group,LLC)
o Transportation (Transportation Engineering Northwest)
o Shorelines (GeoEngineers, Inc.)
o Fish and Wildlife (GeoEngineers, Inc.)
o Archeological and Cultural Resources (Cultural Resource Consultants -Glenn Hartmann)
o Critical Areas (GeoEngineers)
o Earth (Subsurface Group LLC)
o Plants (GeoEngineers, Inc.)
o Utilities (Hargis Engineering, Inc., H R Esvelt Engineering)
o Air Quality/Greenhouse Gas Emissions (Failsafe Canada, Inc.)
EAi Blumen will be directly responsible for preparing the following sections of the SEIS (in
certain cases, we assume that information will be provided by the applicant to prepare the
sections,as briefly described below). We will coordinate with the applicant's engineer, Craig
Peck and Associates,to obtain this information.
o Public Services
o Rural Character/Population
o Relationship to Plans and Policies (including discussion on relationship to SEPA
conditions listed in Ordinance 01 -0128-0863, and review of the proposed development
agreement and development regulations for consistencywith the SEIS)
o Energy and Natural Resources (based on LEED information provided by the applicant)
o Housing and Employment (based on a jobs study provided by the applicant)
o Light and Glare (based on Dark Sky lighting information provided by the applicant)
o Aesthetics (based on bui Iding and landscape design information provided by the
applicant)
o Fiscal Analysis (based on a draft MOU/MOA provided by the applicant)
o In keeping with the SMP, determination of the impact of the BSP within the SEIS. 161��
Phase 1- Project Initiation
In order to initiate the SEIS process in an efficient and timely manner,we will undertake the following
First Steps:
,/fit
• Coordinate and/or meet with Jefferson County and the technical reports team regarding
work performed in support of the SEIS to date.
- Complete a review of the revised technical studies prepared by the applicant's technicalteam to
confirm their completeness and adequacy for inclusion in the SEIS.
• Identify additional project information/analysis needed to prepare the SEIS (we will prepare an
Information Needs Memo that lists this additional information/analysis. The Memo will be the
framework moving forward with the technical analyses and has been a proven and valuable tool
to achieve an efficient start to the EIS).Zj,�,v{
Compare final round of bounty comments on technical studies to final draft of all
technical studies. Draft memo to County regarding adequacy of revisions.
- Identify critical proceduralsteps required by SEPA, including WAC references, and how this
project will meet these requirements (this will be incorporated into the SEIS).
Phase 2- Preliminary Draft SEIS
EA i Blumen will manage preparation of the Preliminary Draft SEIS. Specific tasks that we will accomplish
in this phase include:
1. Complete the Description of the Proposed Actions and Alternatives chapter of the Draft SEIS
(based on the draft project description prepared by the previous SEPA consultant and additional
information provided by the applicant).We will circulate this chapterto Jefferson County and
the applicant early on for concurrence.
2. Summarize all technical analyses prepared in support of the SEIS.
3. Serve as the principal author of the Preliminary Draft SEIS; directly prepare the Fact Sheet and
Summary chapters, directly prepare certain sections of the Affected Environment/Impacts
chapter, and incorporate the technical analyses prepared by the applicant's team into the
Affected Environment/Impacts chapter (seethe Overall Assumptions above for our assumptions
regarding responsibilities for the various sections of the SEIS).
4. Produce the Preliminary Draft SEIS for review by Jefferson County and the applicant.
Phase 3 -Draft SEIS
We will complete and issue the Draft SEIS as follows:
1. Revise the Preliminary Draft SEIS based on comments received. Submit to Jefferson County for
briefing of the Planning Commission and Board of County Commissioners (BoCC).
2. Attend and facilitate a regularly scheduled Planning Commission (PC) meeting and BoCC
afternoon briefing to introduce the Preliminary Draft EIS and receive verbal feedback.
3. Review written comments from staff, and verbal comments from PC and BoCC, and revise
document accordingly. Submit to Jefferson County for final approval.
4. Finalize document and coordinate production of the Draft SEIS for issuance and public
comment.
5. Prepare for and help conduct the Draft SEIS public hearing during the comment period (if held)
to obtain oral comments.
6. Attend public hearing of the Planning Commission's review and recommendation of the SEIS.
Phase 4 - Final SEIS
We will prepare the Preliminary Final SEIS, and complete and issue the Final SEIS as follows:
1. Review all written (and oral) comments received on the Draft SEIS.
2. Coordinate with Jefferson County to determine whether any of the comments require further
analysis and the approach to responding to key comments.
3. Assemble responses to comments and summaries of any additional analysis in the form of a
Preliminary FinalSEIS for review and comment by Jefferson County and the applicant.
4. Revise the Preliminary Final SEIS based on pertinent comments received. Submit to Jefferson
County for final approval.
5. Coordinate production of the Fi na I SEIS for issuance.
Budget
Our budget of the costs to complete the Pleasant Harbor SEIS is provided below. This budget is
broken down by the major EIS phases:Phase 1 -Project Initiation, Phase- 2 Preliminary Draft
SEIS;Phase 3 - Draft SEIS,and Phase 4- Final SEIS (see the Scope of Work for a description of
these phases).
Assumptions:
• Comments on the Preliminary Draft SEIS from the county are not substantial.
• A maximum of 50 discrete and distinct corr)ments are submitted during the draft SEIS
public review period. �,,4
• The Final SEIS will not require new alternatives, elements �jf the environment, or new
analyses. �
• Costs for Phases 3 and 4 do not including I i m i t e d printing of the preliminary or
issued SEIS; these costs will ultimately take into account the potential to share the
preliminary SEIS electronically, place the issued SEIS on the County's website, and to
produce a limited
number of COS of the document for public availability, if requested. /�•�
1 This Budget
Phase 1—Project Initiation
$7,450
will not be
Phase 2 —Preliminary Draft SEIS
$42,000
exceeded
Phase 3 — Draft SEIS
$21,500
without the _11q16
Phase 4 —Final SEIS
$22,000
prior written
Total
$92,950
consent of
the applicant
Following are EA ( Blumen's current billing and other rates (i.e. auto mileage, copying, and expenses).
EA 1 Blumen 2012 Billing Rates
Rich Schipanski Manager, Planning & Environmental Review 175
Gretchen Brunner Senior Planner 140
Karen Swenson Senior Planner 130
3
Jeff Ding Planner 90
Kristy Hollinger Planner so
Jenny Claflin Administrative 50
Other Rates:
Auto mileage, per mile $0.55
in-house photo copies, per page $0.15
Handling charge on expenses 10%
Schedule
As shown by this timeline below, we anticipate completing the SETS process in approximately 9 months.
However, the actual schedule will depend upon the level and substance of comments that we receive on
the Preliminary Draft and Final SEISs, and on the Draft SETS. EA I Blumen has the capacity and resources
available to meet the schedule indicated below.
Tasks
EA Budgeted
Peer/County
Tentative
time
Review time
Date
Phase 1:
1. Coordinate/meet with Jefferson County and the
2 weeks
1/11/13
peer review team regarding work performed in
support of the SEIS to date.
2. Complete a review of the revised technical
studies prepared by the applicant's technical
team to confirm their completeness and
adequacy for inclusion in the SETS.
3. Identify additional project information/analysis
1 week
1/18/13
needed to prepare the SEIS (we will prepare an
Information Needs Memo that lists this
additional information/analysis).
4. Compare final round of peer review/county
1-2 days
1/22/13
comments on technical studies to final draft of
all technical studies. Draft memo to County
regarding adequacy of revisions.
S. Identify critical procedural steps required by
2 days
1/24/13
SEPA, including WAC references, and how this
project will meet these requirements (this will
be incorporated into the SETS).
Phase 2:
1. Complete the Description of the Proposed
2 weeks
2/7/13
Actions and Aiternatives chapter of the Draft
SEIS (based on the draft project description
prepared by the previous SEPA consultant and
additional information provided by the
applicant). We will circulate this chapter to
4
Jefferson County and the applicant early on for
concurrence.
2. Jefferson County and applicant review
1 week
2/14/13
Description of the Proposed Actions and
Alternatives chapter for concurrence.
3. Summarize all technical analyses prepared in
2 weeks
2/28/13
support of the SEIS.
4. Serve as the principal author of the Preliminary
3 weeks
3/21/13
Draft SEIS; directly prepare the Fact Sheet and
Summary chapters, directly prepare certain
sections of the Affected Environment/impacts
chapter, and incorporate the technical analyses
prepared by the applicant's team into the
Affected Environment/impacts chapter (see the
Overall Assumptions above for our assumptions
regarding responsibilities for the various sections
of the SEIS).
S. Produce the Preliminary Draft SEIS for review by
2-3 days
Jefferson County and the applicant.
3/26/13
6. Jefferson County and applicant review
2 weeks
4/9/13 s
Preliminary Draft SEIS and provide comments.
Phase 3:
1. Revise the Preliminary Draft SEIS based on
3 weeks
4/30/13
comments received. Submit to Jefferson County
for briefing of the Planning Commission and
Board of County Commissioners (BoCC)...
2. Attend and facilitate a regularly scheduled
1 day i
5/1/13
Planning Commission (PC) meeting and BoCC
afternoon briefing to introduce the Preliminary
Draft EIS and receive verbal feedback.
3. Revise document based on verbal comments
3 days
5/3/13
from PC and BoCC. Submit to Jefferson County
for final approval
4. Jefferson County reviews revised Preliminary
1 week
5/10/13 i
Draft SEIS for final approval.
S. Finalize document and coordinate production of
1 week
5/17/13
the Draft SEIS for issuance and public comment.
6. 30-day public comment period
4 weeks
6/14/13
7. Prepare for and help conduct the Draft SEIS
3 days
6/4/13
public hearing (if held) during the 30-day
comment period to obtain oral comments.
8. Attend public hearing of the Planning
1 day
6/6/13
Commission's review and recommendation of
t the SEIS.
�T
* it is acknowledged that there will be one (1) combined Public Hearing.
Phase 4:
1. Review all written (and oral) comments received
1 week
6/21/13
on the Draft SETS.
2. Coordinate with Jefferson County to determine
2-3 days
6/26/13
whether any of the comments require further
analysis and the approach to responding to key
comments.
3. Assemble responses to comments and
5 weeks
7/31/13
summaries of any additional analysis in the form
of a Preliminary Final SEIS for review and
comment by Jefferson County and the applicant.
4. Jefferson County and applicant review
2 weeks
8/14/13
Preliminary Final SEIS and provide comments.
S. Revise the Preliminary Final SEIS based on
2 weeks
8/28/13
pertinent comments received. Submit to
Jefferson County for final approval.
6. Jefferson County reviews Preliminary Draft SEIS
1 week
9/4/13
for final approval.
7. Finalize document and coordinate production of
1 week
9/11/13
the Final SEIS for issuance.
Budgeted Time Subtotal
24 weeks
11 weeks
(EA)
(County/
applicant/public)
Total Budgeted Time for SEIS
35 weeks
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Carl Smith, Department of Community Development (DCD) Director
Stacie Hoskins, DCD Planning Manager
David Wayne Johnson, Associate Plann
DATE: February 11, 2013
SUBJECT: Contracts to Draft Supplemental Environmental Impact Statement (SEIS) for the
Pleasant Harbor Master Planned Resort
STATEMENT OF ISSUE: DCD is requesting the Board sign two contracts to begin the
process of drafting an SEIS for the Pleasant Harbor Master Planned Resort.
ATTACHMENTS:
• Contract Review Form
• Professional Services Agreement for Preparation of an SEIS
• Agreement for an Applicant to Pay for Preparation of an SEIS
ANALYSIS/STRATEGIC GOALS/PROS and CONS:
Ordinance No. 01-0128-08 approved by the BoCC January 28, 2008 necessitated the completion
of an SEIS as required for project level SEPA analysis pursuant to RCW43.21 C. Originally, the
Applicant hired a consultant to draft the SEIS who subsequently resigned in April 2011. At that
point, former DCD Director, Al Scalf instructed staff to draft the SEIS "in-house" once the final
technical reports had been completed. Shortly after arriving in May, 2012, DCD Director Carl
Smith determined the SEIS should be completed by a qualified third party consultant with
expertise in that field. Staff initiated a search for a consultant in July, 2012, selecting EA Blumen
of Seattle. With approval by the Applicant after contract negotiations, the Board must complete
the process by signing the subject contracts for the County.
FISCAL IMPACT/COST-BENEFIT ANALYSIS:
In concert with Consultant's contract, the County will enter into another "pass -through" Contract
with the Applicant whereby the Consultant bills the County, the County bills the Applicant, the
Applicant pays the County and the County pays the Consultant. Staff time to process the
contracts and manage the project are billed to the Applicant on an hourly basis. There is no direct
cost to the County.
RECOMMENDATION:
DCD recommends the Board of County Commissioners:
1. Sign the Professional Services Agreement for Preparation of an SEIS.
2. Sign the Agreement for an Applicant to Pay for Preparation of an SEIS
REVIEWED BY:
ip Morl t,96ty Admin'strator Date
CONTRACT REVIEW FORM
is-a3 1
CONTRACT WITH: EA Blumen
CONTRACT FOR: Prebaration of Pleasant Harbor SEIS TERM -
COUNTY DEPARTMENT:
For More Information Contact:
Contact Phone #:
RETURN TO: Same
in
Community Development
David Wayne Johnson x465
`1
RETURN BY: ASAP C�
A
AMOUNT: $92,950.00 Applicant Pass-thru PROCESS: Exempt from Bid Process
Consultant Selection Process
Revenue: Cooperative Purchase
Expenditure: Competitive Sealed Bid
Matching Funds Required: Small Works Roster
Sources(s) of Matching Funds Vendor List Bid
X RFP or RFQ
Other
Step 1: REVIEW BY
Review by:
Date Reviewed:
® APPROVED FORM
Comments
Returned for revision (See Comments)
Step 2: REVIEW BY PROSECUTING TT Rr
Review by: KV 2
Date Reviewed:
TPROVED AS TO FORM 1
�-� `� � Returnd for revision{See
Comments A-e r.�, _ a 1
12�2b Step 3:
Step 4:
-43110A-=3 > 2 2*1 10012M .-7 — W tr a 4U&404 Cal Gy` I( 7 7
(If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 5 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)