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HomeMy WebLinkAboutEA Blumen - 0212136C."* * I I -- INS PROFESSIONAL SERVICES AGREEMENT FOR PREPARATION OF A SUPPLEMENTAL ENVIRONMENTAL IMPACT STATEMENT EA Blumen, hereinafter referred to as CONSULTANT, 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. On January 28, 2008, the Jefferson County Board of Commissioners approved an amendment to the Jefferson County Comprehensive Plan designating approximately 256 acres in the Pleasant Harbor and Black Point areas as a Master Planned Resort. Jefferson County has determined that a Supplemental Environmental Impact Statement (or "SEIS") in accordance with the State Environmental Policy Act, and a development agreement and development regulations are required as the Pleasant Harbor Master Planned Resort moves to final plat, building permits and, ultimately, occupancy. This Project (Project) is proposed by Pleasant Harbor Marina & Golf Resort, LLP (hereinafter "APPLICANT") to be constructed within unincorporated Jefferson County. II. Pursuant to Jefferson County Code 3.55.060, the CONSULTANT has been selected to provide preparation of an SEIS, and to provide review and support services to the COUNTY in preparing a development agreement and development regulations. The CONSULTANT is hereby contracted to provide in a satisfactory and proper manner the above listed services. The CONSULTANT shall perform its professional services with that degree of timeliness, care and skill ordinarily exercised under similar conditions by professional consultants practicing in the same discipline at the same time and location. No warranty or guarantee, expressed or implied, is made or intended by this Agreement, or by any report, opinion, or other Instrument of Services provided pursuant to this Agreement. The CONSULTANT shall utilize materials and data contained in the County's project application files and/or provided by the APPLICANT'S consultant, and avoid duplication, redundancy or unnecessary original generation of data, narrative or format while preparing the SEIS to ensure consistency with SEPA requirements, the Jefferson County Code, the Jefferson County Comprehensive Plan, and development conditions established by the Jefferson County Commissioners in Ordinance 01-0128-08 (January 2008) approving a Comprehensive Plan amendment establishing the Master Planned Resort designation. The CONSULTANT may retain and hire subconsultants to perform a portion of the work that is the subject of this Agreement. County/EA Blumen October 2012 The CONSULTANT enters into this agreement with the understanding that the APPLICANT agrees to cooperate with the CONSULTANT in preparing the necessary products under the direction of the COUNTY and to pay the reasonable costs of having the products prepared by the CONSULTANT. Communication between APPLICANT and CONSULTANT shall not be restricted, provided that the Department of Community Development, hereinafter "the DEPARTMENT," shall generally be invited in advance to participate in any communications related to the obligations described in the CONSULTANT'S scope of work, budget, or schedule (see attachment A), and if unable to participate the DEPARTMENT shall be informed in writing of the substance of any such communications within seven (7) days of the communication. No substantive decisions shall be made at these meetings without County approval. The DEPARTMENT refers collectively to the Project Planner, SEPA Responsible Official and Director of Community Development. IV. The CONSULTANT 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 CONSULTANT will provide the COUNTY with an invoice for its services rendered by the 1 Oth of each month. The CONSULTANT shall be paid within 60 days of the COUNTY's receipt of its monthly invoice and receipt by the County of such amounts owed by APPLICANT. Attached hereto as Attachment "A" is the Scope of Work the CONSULTANT will perform on behalf of the COUNTY. The CONSULTANT will also provide with each invoice a summary of the cost items incurred, the name and job title of the person(s) performing the work, the work preformed to date of invoicing, and anticipating remaining costs for each line item as referenced in Attachment "A". If cost overruns are anticipated in any line item the Consultant shall provide reasons for the anticipated cost overruns. Consultant will obtain written approval from APPLICANT for any cost overruns it anticipates occurring or which have occurred. VI. In the event either party to this Agreement wishes to suspend the work being performed under this Agreement, that party shall notify the other party to this Agreement by certified mail that work is to be suspended and the reasons therefore. The writing of a party choosing to suspend shall state the date the suspension of work begins. 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/EA Blumen October 2012 OA 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. Vill. Any party to this Agreement may allege a breach of the terms of this Agreement upon thirty (30) days' written notice to the other parties, 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 the COUNTY may terminate this Agreement for any reason. The right to terminate the Agreement upon 60 days' notice to the other party is not preconditioned on that same party having previously alleged a breach of this Agreement in a manner consistent with this Section. CONSULTANT shall not be barred from curing any alleged breach during the 60 day notice of termination period provided by this section. IX. In the event that this Agreement is terminated for any reason, the CONSULTANT shall be paid for all services performed within its Scope of Work prior to receipt of notice of termination. County/EA Blumen October 2012 3 X. Neither party shall be responsible for damages arising directly or indirectly from any delays for causes beyond their reasonable control. In addition, if the delays resulting from any such causes increase the cost or time required by CONSULTANT to perform its services in an orderly and efficient manner, CONSULTANT shall be entitled to an equitable adjustment in schedule and/or compensation. If, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to, nor should have reasonably been contemplated or known to CONSULTANT are revealed, to the extent that they affect the scope of services, compensation, schedule, allocation of risk or other material terms of this Agreement, CONSULTANT may call for renegotiation of affected portions of this Agreement. CONSULTANT shall notify COUNTY of the changed conditions requiring renegotiation, and CONSULTANT and COUNTY shall promptly and in good faith enter into renegotiation of this Agreement to address the changed conditions. XI. CONSULTANT and the COUNTY agree that all property and reproduction rights to reports submitted by CONSULTANT in the course of execution of this Agreement shall be considered in the public domain and not subject to copyright. CONSULTANT further agrees, both before and after termination or expiration of the Agreement, to make research notes and other work available to the COUNTY and the APPLICANT upon written request of either party, if required for services under this Agreement. COUNTY and APPLICANT agree that CONSULTANT is not responsible for any alterations, modifications or additions made to CONSULI'ANT's instruments of service or any reuse of the documents or reports on this project or any other project without the prior written consent of CONSULTANT. COUNTY and APPLICANT shall defend, indemnify and hold CONSULTANT harmless against any claims, damages or losses arising solely out of the reuse or modification of the documents and reports without CONSULTANT's prior written consent where the COUNTY or APPLICANT have participated in such reuse or modification. CONSULTANT acknowledges that the COUNTY is subject to the Public Records Act codified at Ch.42.55 RCW. KM Unless otherwise specified within the Agreement, this proposal shall be governed by the laws of Jefferson County and the State of Washington. XIII. The CONSULTANT shall protect, defend, save harmless and indemnify the COUNTY and the APPLICANT from and against all claims, suits, and actions to the extent caused by the negligent acts, errors or omissions of CONSULTANT, its agents, County/FA Blumen October 2012 4 employees or officers or directors in the performance of its services under this Agreement. CONSULTANT's duty to defend hereunder shall be limited to the extent of CONSULTANT's negligence. This Section does not limit the ability of either party to this Agreement to enforce the contractual obligations, terms and conditions this Agreement imposes upon each of them as parties to this Agreement. XIV. The CONSULTANT 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: 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 -operations liability e. Independent consultants and sub -consultants f. Blanket contractual liability. g. Errors and omissions. Said GCL insurance policy or, if needed, policies, shall name the COUNTY and the APPLICANT as additional named insureds and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the COUNTY and the APPLICANT. Certificates of coverage as required by this Paragraph shall be delivered to the COUNTY and the APPLICANT within thirty (30) days of execution of this Agreement. 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 CONSULTANT pursuant to this Agreement for a combined single limit of not less than $250,000 each occurrence. Proof of said insurance shall be provided to the COUNTY and the COUNTY shall be named as an additional insured in connection with the CONSULTANT's performance under this Agreement. County/EA Blunien October 2012 XV. The parties intend that an independent contractor relationship shall be created by this Agreement. No agent, employee, servant or representative of the CONSULTANT shall be deemed to be an employee, agent servant or representative of the COUNTY for any purpose. Employees of the CONSULTANT are not entitled to any of the benefits the COUNTY provides for their employees. The CONSULTANT shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, representatives and subconsultants during the performance of this Agreement. in the performance of the services herein contemplated, the CONSULTANT is an independent contractor with the authority to control and direct the performance of the details of the work. XVI. The CONSULTANT shall not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. CONSULTANT shall take affirmative action to insure that qualified applicants are employed and that employees are treated equally during employment, without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: Employment, upgrading, demotions, or transfers, recruitment or recruitment advertising; layotTs or terminations; rate of pay or other forms of compensation; selection for training including apprenticeship; and participation in recreational and educational activities. CONSULTANT agrees to post, in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non- discrimination clause. In all solicitations or advertisements for employees placed by them or on their behalf, the CONSULTANT shall state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin. CONSULTANT shall cause the foregoing provisions to be inserted in all subcontracts for any work covered by this contract so that such provisions shall be binding upon each subcontractor; PROVIDED that the foregoing provisions shall not apply to contracts or subconsultants for standard commercial supplies or raw materials. "The CONSULTANT shall at all times comply with all applicable provisions of the Fair Labor Standards Act (FLSA) and any other federal or state legislation affecting the terms and conditions of employment for its employees as well as the rules and regulations promulgated pursuant to the FSA and any other federal or state legislation affecting the terms and conditions of employment for its employees. CONSULTANT acknowledges that the hold harmless/indemnification provisions of Section X111 above apply to any claim by an employee of the CONSULTANT arising from the FLSA or other state or federal regulation affecting the terms and conditions of employment for the CONSULTANT's employees. County/FA Blumen October 2012 C KM The CONSULTANT agrees that the APPLICANT shall be entitled to rely on any written reports, documents, data or other written material produced by the CONSULTANT as part of its Scope of Work. XVI1I. 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 Judicial Arbitration and Mediation Service (JAMS) for resolution under their rules and procedures. The parties shall share the costs of the Arbitrator. The Decision of the arbitrator shall be final and binding upon the parties to this contract. XIX. 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. XX. 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 CONSULTANT, or of its employees, officers or subconsultants for the accuracy and completeness of those product(s), nor shall such approval or acceptance of the products be deemed to be an assumption of responsibility by the COUNTY for any defect in the product(s). 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 CONSULTANT. XXI. 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. Regardless of the method used to convey the notice, the date of receipt shall be the effective date for the purposes of this Agreement. County/FA Blumen October 2012 Jefferson County EA Blumen Department of Community Development Attn: Rich Shipanski Attn: David Wayne Johnson 720 Sixth St. S. 621 Sheridan St. Suite 100 Port Townsend, WA 98368 Kirkland, WA 98033 XIX. This Agreement, together with any attachments thereto, represents the entire and integrated Agreement between the COUNTY and the CONSULTANT and it supersedes all prior negotiations, representations and/or agreements previously or orally made. This Agreement may be amended only by a ,,vritten instrument signed on behalf of each party by persons authorized to bind that particular party to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date first below written. County;!EA Blumen October 2012 EA Blumen -??/ 0, � i- Nimish Desai Vice President Pacific Business Unit Director 1 /10/13 Date ZU 13 APPROVED AND SIGNED THIS _ day of C Yt.lct ,48'I`l' SEAL Approved as to form: JEFFERSON COUNTY BOARD OF COMMISSIONERS Jo Austin, Chairman Davi Sullivan, Member Phil Johnson, Member I'd 13 mmi 1 David W. Alvarez, Chief C DPA, Jefferson County County/EA Blumcn October 2012 0 f 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 SEIS. Overall Assumptions • We assume that draft technical reports in the following areas have been prepared and tI o 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.) EA1 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 building 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. Phase 1- Project Initiation In order to initiate the SEIS process in an efficient and timely manner,we will undertake the following First Steps: - 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 technical team 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).Akl� • 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/lmpacts chapter, and incorporate the technical analyses prepared by the applicant's team into the Affected Environmentllmpacts chapter (see the 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: 2 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 FinaISEIS for review and comment by Jefferson County and the applicant. 4. Revise the Preliminary Final SE IS 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 comments are submitted during the draft SEIS public review period. ,ul,) • The Final SEIS will not require new alternatives, elements of 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 i nto 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.°' Tasks Cos Phase 1—Project Initiation Phase 2 —Preliminary Draft SEIS Phase 3 — Draft SEIS Phase 4 —Final SEIS Total This Budget $7,450 will not be $42,000 $21,500 exceeded without the $22,000 prior written $92,950 consent of the applicant Following are EA I Blumen's current billing and other rates (i.e. auto mileage, copying, and expenses). EA113lumen2012 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 80 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. EAR 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 SETS 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 SEIS. 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 SEIS). Phase 2: 1. Complete the Description of the Proposed 2 weeks 2/7/13 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 chapter to 4 Jefferson County and the applicant early on for concurrence. 2. Jefferson County and applicant review 1 week 2/14/13 i 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 SETS. 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/impocts chapter, and incorporate the technical analyses 1 prepared by the applicant's team into the Affected Environment/impocts 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. 3J26/13 6. Jefferson County and applicant review 2 weeks 4/9/13 x Preliminary Draft SEIS and provide comments. j 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 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 F 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. 16. 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 I Commission's review and recommendation of the SEIS. * 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 SETS and provide comments. S. Revise the Preliminary Final SETS based on 2 weeks 8/28/13 pertinent comments received. Submit to Jefferson County for final approval. 6. Jefferson County reviews Preliminary Draft SETS 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 67 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 RCW43.21C. 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: P i ip Morl my Administraf Date CONTRACT REVIEW FORM ' a _ �13 1 o' CONTRACT WITH: EA Blumen #— �j-��j re CONTRACT FOR: Preparation of Pleasant Harbor SEIS TERM: COUNTY DEPARTMENT: Community Development For More Information Contact: David Wayne Johnson x465 Contact Phone #:A-V IL I P- RETURN TO: Same RETURN BY: ASAP I (Person in Department) (Date) 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 Step 2: REVIEW BY Review by: -P Date Reviewed: CAPPROVED AS TO FORM Comments rDoh-'VOOZ41 Step 3: Step 4: ilLf13 Returned for revision (See Comments revision (See _1YN.._ -nnnicYs o� rM[.,W_'j—QrW 14Uiley C—M1G� i (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY La- 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.)