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JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
CONSENT AGENDA REQUEST
Board of County Commissioners
Philip Morley, County Administrator
Carl Smith, Department of Community Development (DCD) Director -"')FROM
Stacie Hoskins, DCD Planning Manager
DATE:
SUBJECT:
David Wayne Johnson, Associate P
February 11,2013
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:
o Contract Review Form
o Professional Services Agreement for Preparation of an SEIS
o 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 RCW43.2lC. Originally, the
Applicant hired a consultant to draft the SEIS who subsequently resigned in April 201 l. 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, 2072, 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:
l. 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:
Philip Morley, County Administrator Date
tI
CONTRACT REVIEW TORM t 2 * ,3 t
CONTRACT WITH: EA Blumen
CONTRACT FOR: Preparation of Pleasant Harbor SEIS
AMOUNT: $92'950.00ApplicantPass-thru PROCESS:
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
Step 3
Step 4:
Step 5:
TERM:
x
v
Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
ah-
(If required) DEPARTMENT MAKES REVISIONS & RESUBMITS
RISK MANAGEMENT AND PROSECUTING ATTORNEY
CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
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.)
COUNTY DEPARTMENT:
David W Johnson x465
ln
RETURN BY: ASAPRETURN TO: Same
orue OU
For More Information Contact:
Contact Phone #:
Step l:REVIEW BY
Review by:
Date Reviewed:x APPROVED FORM Returned for revision (See Comments)
Comments
t\revision (See
(?&
APPROVED tlztX
Comments
Step 2: REvIEw BY
Review by:
Date Reviewed:
ASTOFORM I
LLt
r /z-/,3
PROFESSIONAL SERVICES AGREEMENT
FOR PREPARATION OF A SUPPLEMENTAL EI\TVIRONMENTAL IMPACT
STATEMENT
EA Blumen, hereinafter referred to as CONSULTANT, and JEf,'FERSON 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:
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 ofan SEIS, and to provide review and support services to
the COIINTY 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 ofdata, 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.
I.
County/EA Blumen October 2012
1
III
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 COLINTY 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-
IY
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 COTINTY with an invoice for its services
rendered by the lOth of each month. The CONSULTANT shall be paid within 60 days of
the COIINTY'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 ovemrns. Consultant will obtain written approval from APPLICANT for
any cost overuns it anticipates occurring or which have occurred.
u.
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
6f tf,. 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.
2
Counfy/EA Blumen October 2012
VII
This section will describe conditions governing internalcommunications protocol (lCP)
among the intemal core members: the COUNTY, APPLICANT and CONSULTANT.
l. AppLICANT will not communicate with CONSULTANT except with prior electronic,
written or telephonic Roiice, to the COUNTY and approval from the COLfNTY, of the
substance of proposed communication. A simultaneous email to the COUNTY and
CONSULTANT is consistent with this provision.
2. Altemately, the APPLICANT, CONSULTANT and the COIJNTY may arrange to
convene together in person, by telephone, or by other electronic means that technology
may allow at a tirne and place that is mutually convenient for all.
3. CONSULTANT will provide the COUNTY with a written summary of any and all
communicationthat takes place between APPLICANT, the COUNTY and
CONSULTANT regarding the project. This sumrnary will arrive, via email, to the
COLINTY within seven (7) business days after the communication.
4. If the COUNTY or CONSULTANT is initiator of drafl documents, such as rneeting
agendas, summaries of meetings and other material related to meetings, then these can be
disseminated without - prior COLJNTY 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
orior to communicating rvith CONSULTANT.
b. nmait responses by CONSULTANT to APPLICANT rnust also be communicated to
the COUNTY atthe same time'
7. CONSULTANT will direct all subconsultants to follow the ICP set forth above.
vru.
Any paay 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
discription of the alleged breach of the Agreement by the non-terrninating 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 COLINTY 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 rvith this Section. CONSULTANT shall not be baned
from curing any alleged breach during the 60 day notice of termination period provided
by this section.
x.
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 receip of notice
of termination.
aJ
County/EA Blumen Octobcr 2012
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 t9, 1or should have reasonably been contemplated
or k ro*n to CONSULTANT are revealed, to the extent that they affect the scope of
services, compensation, schedu,le, allocation of risk or other material terms of this
Agreement, CONSULTANT may call for renegotiation of affected portions of this
Alreement. CONSULTANT shall notify COUNTY of the changed conditions requiring
renegotiation, and CONSULTANT and COLTNTY shall promptly and in good faith enter
into ienegotiation 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
shalf be considered in the public domain and not subject to copyright. CONSULTANT
further agrees, both before and affer 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 CONSULTAI{T is not responsible for any alterations,
modifications or additions made to CONSULTANTs instruments of service or any reuse
of the documents or reports on this project or any other project without the prior rvritten
consent ofCONSULTANT. COLJNTY and APPLICANT shall defend, indernnify and
hold CONSULTANT harmless against any claims, darnages or losses arising solely out
of the reuse or modification ofthe documents and reports without CONSULTAN?s prior
written consent where the COLJNTY or APPLICANT have participated in such reuse or
modification. CONSULTANT acknowledges that the COLTNTY is subject to the Public
Records Act codified atCh-42'56 RCW'
XII.
Unless ottrerwise 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
COLINTy 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,
4
County/EA Blumen October 2012
employees or officers or directors in the perfolrnance of its services under this
Agieement. CONSULTANT's dulv to defend hereunder shall be limited to the extent of
CONSUI1ANT's negligence. This Section does not limit the ability of either party to
this Agreemeat to enforce the contractual obligations, terms and conditions this
Agreernent imposes upon each of them as parties to this Agreement.
xry.
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
lnsurance Cornmissioner pursuant to Ch. 48.05 RCW:
General Comrnercial 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
noil6r 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 ofthe 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 contractualy'commercial liability including completed operations
d. Premises -operations liability
e. Independent consultants and sub+onsultants
f. Blanket contractual liabiliry.
g. Errors and omissions.
Said GCL insurance policy or, if needed, policies, shall name the COUNTY and
the AppLICANT as additional narned insureds and shall include a provision prohibiting
cancellation of said policy except upon thirty (30) days prior written notice to the
COTINTY 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 Compnsation,lndustrial Insurance and employer's liability insurance in
an amount equal to or greater than that required by the State of Washington.
Commercialautomobile 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
L."unen.e. 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.
5
County/EA Blumen 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 C0NSULTANT
shall be deemed to be an employee, agent sen'ant or representative of the COLINTY for
any purpose. Employees of the CONSULTANT are not entitled to any of the benefits the
COLiNTY 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 ofthe
services herein contemplated, the CONSULTANT is an independent contractor with the
authority to control and direct the performance of the details of the work.
xvl.
The CONSULTANT shall not discriminate against any employee or applicant fbr
employment because of race, color, religion, sex or national origin. CONSULTANT shall
takl affirmative action to insure that qualified applicants are employed and that
employees are treated equally during employment, withotrt 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 employrnent, 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 employrnent 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 subconhactor; FROVIDED that the foregoing provisions shall not
apply to contracts or subconsuhants for standard commercial supplies or raw rnaterials.
The CONSULTANT shallat all tirnes 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 ru,les 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 XIII above
apply to any claim by an employee of the CONSULTANT arising from the FLSA or
other state or fbderal regulation affecting the terms and conditions of employment for the
CONSULTANT's emPloYees.
6
County/EA Blumen October 2012
xuI
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'
xvm.
In the event of any dispute or disagreemeil 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 subrnitted first to the Director of the Department of
Community Development of Jefferson County (the "Director") for resolution. Either
oarty to this contract may appeal the decision of the Director by submission of a request
io, UinAing arbitration to either the American Arbitration Association (AAA) or to the
Judicial Arbitration and Mediation Service (JAMS) fnr resolution under their rules and
procedures. The parties shall share the costs of the Arbitrator. The Decision of the
arbitrator shall be flrnal and binding upon the parties to &is contract.
xIx.
The parties agree that the only venue for any lawsuit (at law or equity) arising
from or relaied 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 ofthose product(s), nor shall such approval or acceptance
of the products be deemed to be an assumption of responsibility by the COLINTY for any
defect in the product(s). Acceptance of the product by the COLINTY 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,
xxl.
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/retum receipt requested, facsimile or via electronic mail. Regardless of the method
used to convey the notice, the date of receipt shall be the eft'ective date for the purposes
of this Agreement.
7
CounryiEA Blumen October 2012
Jefferson CountY
Department o1' ge6pnnity Development
Attn: David WaYne Johnson
621 Sheridan St.
Pon Townsend, WA 98368
EA Blumen
Attn: Rich Shipanski
720 Sixth St. S.
Suite 100
Kirkland, WA 98033
xIx.
This Agreement, together with any attachments thereto, represents the entire and
integrated Agreement betrveen the COUNTY and the CONSULTANT and it supersedes
all prior negotiations, representations and/or agreements previously or orally rnade. This
Agreement may be amended only by a written 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.
8
County/EA Blumen October 2012
EA Blumen
tlp/r,
Date
Vice President
Pacific Business Unit Director
APPROVED AND SIGNED THIS daY of
SEAL JEFFERSON COLINTY BOARD OF COMMISSIONERS
John Austin, Chairman
D"rtd Srlttra", M..be,
Phil Johnson, Member
Approved as toform:
2012
tlzlz.,,s
David W.Alvarez, Chief
Jeft-erson CountY
9
County/EA Blumcn Octobcr 2012
Nimish Desai
ATTACHMENT A
Scope of Work
EAr Blumen will manage preparation of the Pleasant Harbor SEIS, 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 technicalreports in the following areas have been prepared and
,, rl occasionally peer- reviewed by ESA Adolfson and the County;it isassumed that the technical
W'^ ,"porls include analyses sufficient to address the SEPA related conditions listed in Ordinance
01-0129-OB 63. Wewill either incorporate these revised reports intothe 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 lnitiation). The reports will be appended to the SEIS- EAlBlumen will summarize the
rePorts in the text of the SEIS'
o Shellf ish (GeoEngineers,lnc')
o Water (Bender Consulting,LLC and Subsurface Group,LLC)
o Transportation(Transportation EngineeringNorthwest)
o Shorelines(GeoEngineers,lnc')
o Fish and Wildlife (GeoEngineers,lnc')
o Archeologicaland Cultural Resources (Cultural Resource Consultants-Glenn Hartmann)
o CriticalAreas(GeoEngineers)
o Earth (Subsurface GrouP LLC)
o Plants (GeoEngineers' lnc')
o Utilities (Hargis Engineering,lnc.,H R Esvelt Engineering)
o Air Quality/Greenhouse Gas Emissions (Failsafe Canada,lnc-)
- EAlBlumen 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 RuralCharacter/PoPulation
o Relationshipto 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 NaturalResources (based on LEED information provided by the applicant)
o Housing and Employment (based on a jobs study provided by the appli cant)
o LightandGlare(basedon DarkSkylighting informationprovided bythe applicant)
o Aesthetics (based on bui lding and landscape design information provided by the
aPPlicant)
o Fiscal Analysis (based on a draft MOU/MOA provided by the applicant)
o ln keeping with the SMP, determination of the impact of the BSP within the sErs.
4r/
Phase 1- Project lnitiation
ln order to initiate the SEIS process in an efficient and timely manner,we will undertake the following
First StePs:
1
//r,.d
Coordinateand/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.
ldentify additionalproject information/analysis needed to prepare the SEIS (we will prepare an
lnformation Needs Memo that lists this additionalinformation/analysis.The [Memowill 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)'
Compare final round of comments on technical studies to final draft of all
technical studies. Draft memo to County regarding adequacy of revisions.
- ldentify 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
EArBlumen will manage preparationof the Preliminary Draft SEIS.Specific tasks that we will accomplish
in this Phase include:
1. Complete lhe Description of the Proposed Actions and Alternativeschapter of the Draft SEIS
(based on the draft project description prepared by the previous SEPA consultant and additional
information provided bythe 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. Serveasthe principalauthor of the Preliminary Draft SEIS;directly prepare the FactSheet and
Summary chapters, directly prepare certain sections of lhe Affected Environment/lmpacts
chapter, and incorporate the technical analyses prepared by the applicant's team into the
Affected Environment/lmpacts chapter (see the Overall Assumptions above for our assumptions
regarding responsibilitiesfor the various sections of the sElS).
4. produce the PreliminaryDraft SElSfor review byJefferson County and the applicant.
Phase 3-DraftSEIS
We will complete and issuethe Draft SE|Sasfollows:
l. Revisethe preliminary Draft SEISbased on comments received. Submit to Jefferson County for
briefing of the Planning Commission and Board of County Commissioners (BoCC).
2_ Attend and facilitatea regularlyscheduled 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-FinalSElS
We will prepare the Preliminary FinalSEIS,and complete and issuethe FinalSEISasfollows
2
I
1. Review allwritten (and oral) comments received on the Draft SEIS.
Z- Goordinate withJefferson County to determine whether any of the comments require further
anatysisand the approach to respondingto key comments'
3. Assemble responses to comments and summaries of any additionalanalysis in the form of a
preliminary FinalSEIS for review and comment by Jefferson County and the applicant-
4. Revise the preliminary Final SE lS based on pertinent comments received. Submit to Jefferson
CountY for fina I aPProval'
5. Coordinate production of the Fi na ISEIS 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 lnitiation,Phase - 2 Preliminary Draft
SEIS;phase 3 -Draft SElS,and Phase4-FinalSE|S (seethe Scopeof 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' il4t)
- The Final SEIS will not require new alternatives, elements of the environment, or new
analyses. r//rl
- Costsfor phases 3and4do not including limit uo p{#ingof the preliminaryor
issued SEIS; these costs will ultimately take into account the potentialto share the
preliminary SEIS electronically,place the issued SES on the County's website, and to
Produce alimited ,r /
number of COs of the document for public availability, if request ed. ily'"d '
t |EEE G! This Budget
phase 1-Project lnitiation $2450
I
will rrot br-
phase 2 -Preliminary DraftSES $42,000
t
exceeded
Zll
phase 3 -DraftSEtS $21,500 I u,ithout the /;*/
phase 4 -Finat
SE1S $22,000 t l>rior u,ritte n
Total $92,950 consent of
the applicant
Following are EA lBlumen'r current billing and other rates (i.e. auto mileage, copying, and expenses).
EAI Blumen 2012 Billing Rates
@@
RichSchipanskiManager,Planning&EnvironmentalReview
Gretchen Brunner Senior Planner
Karen Swenson Senior Planner
3
175
140
130
ltttttEgi
\
Ding
Kristy Hollinger
Jenny Claflin
90
80
50
other Rates:
Auto mileage, Per mile 50'55
ln-house photo copies, per page 5o't5
Handling charge on exPenses 10%
Schedule
As shown by this timeline below, we anticipate completing the SEIS 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 SElSs, and on the Draft SEIS. EAlBlumen has the capacity and resources
available to meet the schedule indicated below'
EA Budgeted
time
Peer/County
Review time
Tentatiye
Date
Tasks
Phase 1:
2 weeks L/),Ut3with Jefferson CountY and the
peer review 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
uacy for inclusion in the SEIS'
1-
2.
Coordinate/meet
adeq
1 week Llr.8/73
lnformotion Needs Memo that lists this
additional information/analysis)'
3.
will
ro lysisinforrnation/ana,jectadditionalpdentify
r5 WE re anrestheEpareptoneededprepa
1-2 days u22h3
alltechnical studies. Draft memo to County
review/countyofroundpeerfinare4.ComPa
fina draft oftoicastudiestechnonentscomm
regarding adequacY of revisions'
2 days 1/24/13procedural stePs required bY
SEPA, including WAC references, and how this
will meet these requirements (this will
rated into the
5.
be
ldentifY critical
project
Phase 2:
2 weeks 2/7ltt
Actions ond Alternotives chapter of the Draft
SEIS (based on the draft project description
prepared by the previous SEPA consultant and
addhional information provided by the
T. complete the Description of the ProPosed
We will circu late this cha rto
4
Planner
Administrative
I
the aPPlicant earlY on for
concurrence
Jefferson CountY a nd
l" week 2h4/L3
Descripdon of the Proposed Actions ond
Ake r n otive s chapte r fo r concurre nce'
2 lefferson County a nd applicant review
2 weekschnical analYses PrePared in
support of the SEIS-
3.Summarize allte
3 weeks 3l2r/13
Summary chapters, directly prepare certain
sectio ns.of lhe Affe cte d E nv i ron m e nt/ m po cts
chapter, and incorporate the technical analyses
prepared by the applicant's team into the
'afeaea Environment/tmpocts chapter (see the
Overall Assumptions above for our assumptions
regarding responsibilities for the various sections
of the SEIS).
4 o eth liPre inamuthor ryatheASprinciPalServe
eth SheetFoct ndaredpaprerectlYSEra'D IS;ft
2-3 days
3126/13
ry Draft 5ElS for review bY
lefferson CountY and the aPPlicant
5.Produce the Prelimina
2 weeks 4/e/13Jefferson CountY an d applicant review
Draft SE|S and Provide comments.
6.
Preliminary
Phase 3:
3 weeks 4130/13
s/1./13
Planning Commission (PC) meeting and BoCC
afternoon briefing to introduce the Preliminary
Draft EIS and receive verbal feedback'
1 day2Attend and faci litate a regularlY scheduled
1 weekFinalize document an d coordinate Production of
the Draft SEIS for issuance and public comment
(
3 days
1 Revise the PreliminarY Draft SEIS based on
comments recelved. Submit to Jefferson County
for briefing of the Planning Commission and
Board of County Commissioners {BoCC)"'
3. Revise docum ent based on verbal comments
from PC and BoCC'
for fina I aPProval'
Submit to Jefferson CountY
4. Jefferson Cou nty reviews revised PreliminarY
Draft SEIS for final aPProval
6. 30-daY P ublic comme nt period
erepare for and frelp conduct the Draft SEIS
public hearing {if held) during the 30-daY
comment Period to obtain oral comments.
8.Attend Public
Commission's
rhe sEls.
hearing of the Pla nning
review and recommendation of
s/3/1.3
1 week
4 weeks
sllo/13
s/77/13
6/1.4113
6/4113
)
1 day
*Itisacknowledgedthattherewillbeone(l)combinedPublicHearing.
nk;"t{
| 61611.3
2/28/13
3 days
\
Phase 4:
Review allwritten (and oral)1.comments received
on the Draft SEIS.
l week 5/21/13
2. Coordinate with Jefferson County to determine
whether any of the comments require further
analysis and the approach to responding to key
comments.
2-3 days 6/26/13
3. Assemble responses to comments and
summaries of any additional analysis in the form
of a Preliminary Final SEIS for review and
comment by Jefferson County and the applicant.
5 weeks 7/31./13
4. Jefferson County and applicant review
Preliminary FinalSElS and provide comments
2 weeks 8/1.4/13
5. Revise the Preliminary FinalSEIS based on
pertinent comments received. Submit to
Jefferson County for final approval-
2 weeks 8/28/1.3
6. Jefferson County reviews Preliminary Draft SEIS
for final approval.L week s/4/1.3
7. Finalize document and coordinate production of
the Final SElS for issuance.
1 week s/1u13
24 weeks
(EA)
ll weeks
(County/
Total Budgeted fime for sEls 35 weeks
6
Budgeted Time Subtotal
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 COLfNTY 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
Iimited to: complete a preliminary draft SEIS, revise the preliminary draft SEIS based
upon comments received, attend public hearing of the Planning Commission and present
aDraft 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.
III.
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
I
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 COLINTY 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.
ry
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 COTINTY will provide the APPLICANT with an invoice for
CONSULTANT services rendered by the 25s 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 COLI-NTY 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 l.5Yo 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 COTINTY an
amount equal to ten percent (10%) of the costs that the CONSULTANT has estimated in
Attachment A to the COLINTY-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 ( I 0%) 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, Suruey 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 COLTNTY 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 COLINTY turther agree to tully
cooperate with each other so as to cause the efficient and prompt preparation of the SEIS.
2
County/Statesman SEIS: November 20 I 2
VII
This section will describe conditions governing internal communications protocol (ICP)
among the internal core members: the COIINTY, APPLICANT and CONSULTANT.
1. AppLICANT will not communicate with CONSULTANT except with prior electronic,
written or telephonic notice, to the COI-INTY and approval from the COLINTY, of the
substance of proposed communication. A simultaneous email to the COIINTY and
CONSULTANT is consistent with this provision.
2. Ahemately, 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 COI-INTY and
CONSULTANT regarding the project. This summary will arrive, via email, to the
COLTNTY within seven (7) business days after the communication'
4. If the COLINTY 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 COTINTY and CONSULTANT, at the
same time, then that is considered to be notification by APPLICANT to the COTINTY
prior to communicating with CONSULTANT-
6. Email responses by CONSULTANT to APPLICANT must also be communicated to
the COLINTY 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
COLINTY 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.
J
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 10 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 ofcontract.
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 COIINTY is subject to the Public
Reiords Act now codified at ChA256 RCW'
xII.
Unless otherwise specified within the Agreement, this proposal shall be governed
by the laws of Jefferson County and the State of Washington'
XIU.
Each parfy to this Agreement shall protect, defend, save harmless and indemni$i
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 Stut. Insurance Commissioner pursuant to Ch. 48'05 RCW:
4
County/Statesman SEIS: November 201 2
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
noil"5 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 CbUNTY shall contain no limitations on the scope of the protection provided and
shall include the following minimum coverages:
Broad form property damage, with no employee exclusion
Personal injury liability, including extended bodily irUury
Broad form contractual/commercial liability including completed operations
Premises-operational liabilitY
Independent consultants and sub-consultants
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
i.rjury 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 thir 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.
xv.
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 COLINTY.
Employees of the APPLICANT are not entitled to any of the benefits the COLINTY
prorid.r for their employees. The APPLICANT shall be solely and entirely responsible
ior 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
ior binding arbitration to either the American Arbitration Association (AAA) or to the
County/Statesman SEIS: November 2012
a.
b.
c.
d.
e.
f.
5
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
becision 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 COLINTY 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
COI_INTY's behalf the waiver by the COI-INTY 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.
Port Townsend, WA 98368
Pleasant Harbor Marina & Golf
Resort, LLP
Attn: Garth Mann
7370 Siena Morena Blvd SW
Calgary, AB T3H 4H9
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.
xxl.
Any amendment to this Agreement shall not be effective unless memorialized in a
writing approved and executed by each party to this Agreement'
XXII.
6
County/Statesman SEIS: November 2012
This Agreement, together with any attachments thereto, represents the entire and
integrated Agreement between the APPLICANT and the COUNTy. This Agreement
supersedes all prior negotiations, representations and/or agreements previously or orally
made.
IN WITNESS WHEREOF, the parties have executed thjs Agreement on the date first
below written.
PLEASANT HARBO MARINA & GOLF RESORT, LLP
Garth Mann
CEO
?n/)
7
County/Statesnran SEIS: November 20 12
APPROVED AND SIGNED THIS
SEAL
Approved as loform:
of 2012
JEFFERSON COLINTY BOARD OF COMMISSIONERS
John Austin, Chairman
David Sullivan, Member
Phil Johnson, Member
l.l2n{3
W. Alvarez,
Jefferson CountY
DPA,
8
Counry/Stalesman: Octobcr 201 2
ATTACHMENT A
Scope of Work
EAr Blumen will manage preparation of the Pleasant Harbor SE lS, 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 technicalreports in the following areas have been prepared and
l4/l occasionally peer- reviewed by ESA Adolfson and the County;it is assumed that the technical
'- -r'' reports include analyses sufficient to addressthe SEPA related conditions !isted 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 lnitiation). The reports willbe appended to the SEIS. EAlBlumenwill summarize the
rePorts in the text of the SEIS'
o Shellf'sh(GeoEngineers,lnc')
o Water (BenderConsulting,LLC and Subsurface Group'LLC)
o Transportation(Transportation EngineeringNorthwest)
o Shorelines(GeoEngineers,lnc')
o Fish and Wildlife (GeoEngineers,lnc')
o Archeologicaland Cultural Resources (CulturalResource Consultants-Glenn Hartmann)
o CritbalAreas(GeoEngineers)
o Earth (Subsurface GrouP LLC)
o Plants(GeoEngineers,lnc')
o Utilities (Hargis Engineering,lnc.,H R Esvelt Engineering)
o Air Quality/Greenhouse Gas Emissions (Failsafe Canada,lnc.)
- 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'sengineer,Craig
Peck and Associates,to obtain this information'
o Pubfic Services
o RuralCharacter/PoPulation
o Relationshipto 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 appli cant)
o Light and Glare (based on Dark Sky lighting information provided by the applicant)
o Aesthetics (based on bui lding and landscape design information provided by the
aPPlicant)
o Fisca! Analysis (based on a draft MOU/MOA provided by the applicant)
o ln keeping with the SMP, determination of the impact of the BSP within lhe SEIS. //'|f. //
Phase I - Project lnitiation
ln order to initiate the SEIS process in an efficbnt and timely manner,we will undertake the following
First StePs:
I
//{/il
Coordinate andlor meet with Jefferson County and the technical reports teiam 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.
ldentify additionalproject information/analysisneeded to prepare the SEIS (we will prepare an
lnformation Needs Memo thaf lists this additionalinformation/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).71Q1
Compare final round of peer+U**countycomments on technical studies tofinal draft of all
technical studies. Draft memo to County regarding adequacy of revisions.
ldentify 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
EArBlumen will manage preparationof the Preliminary Draft SEIS.Specific tasks that we will accomplish
in this Phase include:
1. Complete lhe Description of the Proposed Actions and Alternativeschapter 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 eoncurrence.
Z- Summarize all technical analyses prepared in support of the SEIS.
3. Serveasthe principalauthor of the Preliminary Draft SEIS;directly prepare the Facf Sheef and
Summary chapters, directly prepare certain sections of the Affected EnvironmenUlmpacts
chapter, and incorporate the technical analyses prepared by the applicant's team into the
Affected Environment/lmpacts chapter (seethe Overall Assumptions above for our assumptions
regarding responsibilities for the various sections of the SEIS).
4. Produce the Preliminary Draft SE|Sfor review by Jefferson County and the applicant.
Phase 3-DraftSEIS
We will complete and issue the Draft SEIS as follows:
l. Revisethe PreliminaryDraft SEISbased on comments received. Submit to Jefferson County for
briefing of the Planning Commission and Board of County Commissioners(BoCC).
Z_ Attend and facilitatea regularlyscheduled Planning Commission (PC)meeting and BoCC
afternoon briefing to introduce the Preliminary Draft EIS and receive verbal feedback.
3. Reviewwrittencomments from staff,andverbal commentsfrom PCand 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-FinalSElS
We will prepare the Preliminary FinalSElS,and complete and issuethe FinalSE|Sasfollows
2
1. Review allwritten (and oral) comments received on the Draft SEIS.
Z- Coordinate withJefferson County to determine whether any of the comments require further
analysisand the approach to respondingto keycomments.
3. Assemble responses to comments and summariesof anyadditionalanalysisin the form of a
preliminary FinalSE|S for review and comment by Jefferson County and the applicant-
4. Revise the Preliminary FinalSElS based on pertinent comments received. Submit to Jefferson
CountY for final aPProval'
5. Coordinate production of the Fi na ISEIS 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 lnitiation,Phase- 2 Preliminary Draft
SEIS;phase 3 -Draft SElS,and Phase4-FinalSE|S (seethe Scopeof 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 cor4ments are submitted during the draft SEIS
public review Period. t/////
- The FinalSE|S will not require new alternatives, elements 9f the environment,or new
anatyses. LU//- Costsfor Phases 3and4 do not including limiteii /rintingof the preliminaryor
issued SEIS; these costs will ultimately take i nto account the potentialto share the
preliminary SEIS electronically, place the issued SES on the County's website, and to
,Lq/produce a limited
number of COs of the document for public availability, if requested
@@
Phase 1 -Project lnitiation
Phase 2 -Preliminary Draft SEIS
Phase 3 -DraftSE|S
Phase 4 -Final SEIS
Total
EA lBlumen 2012 Billing Rates
@f,@
RichSchipanski Manager,Planning&EnvironmentalReview
Gretchen Brunner Senior Planner
Karen Swerson Senior Planner
3
$2450
$42,000
$2 1,500
$22,000
$92,950
)
This Budget
will not be
exceeded
pilor wntten
consent of
the applicant
u,ithour the aLI/,,
Folbwing are EA lBlumen's current billing and other rates (i.e. auto mileage, copying, and expenses)
t75
r40
r30
staff Rate
Kristy Hollinger
Jenny Claflin
Pla nner
Planner
Administrative
90
80
50
Otier Rates:
Auto mileage, Per mile 50'55
ln-house photo copies, per page 50'15
Handling charge on exPenses 10%
Schedule
As shown by this timeline below, we anticipate completing the SEIS process in approximately g months.
However, the actual schedule will depend upon the level and substance of comments that we receive on
the preliminary Draft and Final SElSs, and on the Draft SEIS. EA I Blumen has the capacity and resources
available to meet the schedule indicated below'
4 Compare final rou nd of peer review/county
comments on technical studies to final draft of
all technical studies. Draft memo to County
regarding adequacY of revisions'
4
EA Budgeted
time
Peer/County
Review time
Tentative
Date
Tasks
Phase 1:
2 weeks 1/1tl13with Jefferson County and the
peer review tearn 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 SEIS'
1..Coordinate/meet
L week tl18/t3I project information/ana lysis
needed to prepare the SEIS (we will prepare an
lnformation Needs Memo that lists this
additional information/analysis)'
3.ldentify additiona
1-2 days uzzl73
2 days 1124173procedural stePs required by
SEPA, including WAC references, and how this
5.ldentifY critical
nts wilthistheserequirememeetwilectproj
sEltheinto s).ratedbe
Phase 2:
2 weeks 2l7lL3the Description of the ProPosed
Actions ond Alternatives chapter of the Draft
SEIS (based on the draft project description
prepared by the previous SEPA consultant and
additional information provided by the
We will circulate this chaPter to
1". ComPlete
nta
I
nd the applicant early on for
concurrence.
Jefferson County a
l week 2/74113
Description of the Proposed Actions ond
Alte r n otives chapter fo r con currence'
2 Jefferson County a nd applicant review
2 weeks 2/28113chnical analYses PrePared in
support of the sEls-
3 Summarize allte
3 weeks 3/2rl13cipal author of the Preliminary
Draft SEIS; directly prepare the Foct Sheet and
Summory chapters, directly prepare certain
sections of the Affected Environmentflmpacts
chapter, and incorporate the technical analyses
prepared by the applicant's team into the
Affected Environmentlmpocts chapter (see the
Overall Assumptions above for our assumptions
regarding responsibilities for the various sections
of the SEIS)-
4 Serve as the Prin
2-3 days
3/26/1.3
ProOuce the Preliminary Draft SE|S for review by
Jefferson County and the applicant'
5.
2 weeks 4/e/13nd applicant review6Jefferson CountY a
Phase 3:
3 weeks 4/30113
1 day sl1./13
Planning Commission (PC) meeting and BoCC
afternoon briefing to introduce the Preliminary
Draft EIS and receive verbal feedback'
2 Attend and facilitate a reg ularly scheduled
3 days
from PC and BoCC. Submit to Jefferson County
for final aPProval.
3.Revise document based on verbal comments
l- week
1 week s/17173nd coordinate production of
the Draft SElS for issuance and public comment'
5 Finalize document a
4 weeks 6/1,4/13
6/4/1.3
1 day 6/611.3
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)"'
4. Jefferson CountY rev iews revised Preli minarY
Draft SEIS for final aPProval
6. 30-daY Public comment period
7 Prepare for an d help conduct the Draft SEIS 3 days
public hearing (if held) during the 30-day
comment period to obtain oral comments
8. Attend P ub lic hearing of the Planning
Commission's review and recommendation of
rhe sEls.
sl3/1.3
s/1.0/13
.f
* It is acknowledged that there will be one (l) combined Public Hearing OtTll
a
Preliminary Draft SEIS and provide comments'
\
Phase 4:
1.Review allwritten (and ora l) comments received
on the Draft SEIS.
l week 5lzLl13
2 Coordinate with Jefferson County to determine
whether any of the comments require further
analysis and the approach to responding to key
commentS.
2-3 days 6/26/1.3
3.Assemble responses to comme nts and
summaries of any additional analysis in the form
of a Preliminary Final SEIS for review and
comment by Jefferson county and the applicant.
5 weeks 7l3L/L3
4.Jefferson CountY and applicant review
Preliminary FinalSElS and provide comments.
2 weeks 8lL4h3
5 Revise the Preliminary Final SEIS based on
pertinent comments received' Submit to
Jefferson County for final approval'
2 weeks 8128lt3
5. Jefferson CountY reviews Preliminary Draft SEIS
for final apProval
l week 9/4/L3
7 Finalize document and coo
the FinalSElS for issuance'
rdinate production of l week ell.t/L3
Budgeted Time Subtotal 24 weeks
(EA}
ll weeks
(County/
applicant/public)
Total Budgeted Time for SEIS 35 weeks
6
t