HomeMy WebLinkAbout0262200 Sixth Avenue, Suite 707
seattle, wA 98121
Telephone: (206) 452-5350
Fax: (206) 443-7546
www.eaest.com
April 18,2014
David Johnson
Jefferson County
Department of Community Development
621 Sheridan Street
Port Townsend, WA 98368
Dear David,
As we initially discussed back in October, the scope of work for the Pleasant Harbor
Supplemental EIS has expanded since our contract with Jefferson County was signed and
approved. The applicant, Statesman Companies, has added to the scope of work with the
addition of the following items:
. Washington State Fish and Wildlife WDFW) road within the site boundaryr Alteration of the Maritime Village areao Additional reports to be summarized in the SEISo Water Plano Sewer Plano Energy Memoo Economic Reports (August 2013 and a new report to be submitted April 2014)
ln addition, the secondary peer review of the final technical reports (reviewing final reports for
compliance with initial peer review comments) was more extensive than originally assumed
(initially budgeted for 8 hours of labor). EA was not provided the extensive initial peer review
comments until January 2014, and was not aware of the labor that would be required until that
time. The summary memo and the thirteen sets of matrices detailing compliance with each peer
review comment was a significant task, requiring approximately 54 more hours than anticipated.
ln addition, the Preliminary Draft EIS was completed in May 2013 and the County completed its
review in July 2013. However, since that time, the additional items have been added that were
not specified in the initial scope of work which have extended an additional 9+ months of project
time. This extended schedule has resulted in additional labor time beyond that originally
assumed in our initial budget agreement.
Due to the additional scope items detailed above and the extension in schedule due to changes
and other issues initiated by the applicant, we are requesting a budget revision not to exceed
$15,000 for completion of the Draft and Final SEIS. This letter would serve as a budget
amendment to our current contract with Jefferson County, and the original contract terms signed
by both parties would still apply.
The original budget amount was $92,950. With this budget amendment of $15,000, the total
contract would equal $107,950.
APR 2 1 2014
VtrEGtr[
JIFFERSON COUNIY
lf this scope and budget are acceptable, please sign the authorization below and return if for us
to execute.
EA Engineering,
Science, and
Technology, lnc.
Sincerely,
EA Engineering, Science, and Technology, lnc.
l( *t*^'S",*^*-
Karen Swenson, Project Manager Rich Schipanski, Program Manager
Executed, this _ day of ,2014
Jefferson Gounty
Date
Title
EA tnee ring,Science, and Technology, lnc.
Vivianne Knight,Operations Manager
Jefferson County
Pleasant Harbor SEIS
2
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PROFESSIONAL SERVICE,S AGREEMENT
FOR PREPARATION OF A SUPPLEMENTAL EI.IVIRONMENTAL 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:
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 COLINTY 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 desi gnation.
The CONSULTANT may retain and hire subconsultants to perform a portion of
the work that is the subject of this Agreement.
I
1
CountylEA Blumen October 2012
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 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 COTINTY with an invoice for its services
rendered by the 1Oth of each month. The CONSULTANT shall be paid within 60 days of
the COTINTY'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 ovelTuns 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
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.
2
CountylEA Blumen October 2012
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 COUNTY and to pay the reasonable costs of having
ihe 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-CONSUI1ANT'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
,rih.orn*r.rications 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 Plaru:er, 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 COLINTY with an invoice for its services
rendered by the 1Oth of each month. The CONSULTANT shall be paid within 60 days of
the COLINTY's receipt of its montlily 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 swnmary 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 notifu 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
tfr. 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
Counry/EA Blumen October 2012
vu
This section will describe conditions goveming internal communications protocol (lCP)
among the internal core members: the COUNTY, APPLICANT and CONSULTANT.
L APPLICANT will not commrmicate with CONSULTANT except with prior electronic,
written or telephonic notice, to the COTINTY and approval from the COUNTY, of the
substance of proposed communication. A simultaneous email to the COIJNTY 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 time and place that is mutually convenient for all.
3. CONSULTANT will provide the COLINTY 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
COLINTY 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 ernail to both the COUNTY and CONSULTANT, at the
sarne time, thenthat is considered to be notification by APPLICANT to the COUNTY
prior to communicating with CONSULTANT.
6. Email responses by CONSULTANT to AFPLICANT must also be cornmunicated to
the COUNTYatthe same tlme.
7. CONSULTANT will direct all subconsultants to follow the ICP set forth above.
vm.
Any party to this Agreement may allege a breach of the terms ofthis 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
rcrminated. Upon sixty (60) days'notice the COUNTY may terminate this Agreement for
any reason. The right to t€rminate 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.
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 receipt of notice
of termination.
J
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, ifthe delays resulting
from any such causes increase the cost or time required by CONSULTANT to perform its
services in an orderly and efiicient manner, CONSULTANT shall be entitled to an
equitable adjustment in schedule and/or compensalion.
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 COLINTY 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.
xL
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 CONSULTANTs 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. COLJNTY and APPLICANT shall defend, indemnifu and
hold CONSULTANT harmless against any claims, damages or losses arising solely out
of the reuse or modification of the documents and reports without CONSULTANTs prior
written consent where the COUNTY or APPLICANT have participated in such reuse or
modification. CONSULTANT acknowledges thar the COUNTY is subject to the Public
Records Act codified atCh.42.56 RCW.
XIL
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
COLINTY and the APPLICANT from and against allclaims, suits, and actions to the
extent caused by the negligent acts, errors or omissions of CONSULTANT, its agents,
4
County/EA Blumen October 2012
x.
Neither party shall be responsible for damages arising directly or indirectly from
any delays for causes beyond their reasonable control. In addition, ifthe 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 andlor 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
o, knowo 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 notifu COLJNTY of the changed conditions requiring
renegotiation, and CONSULTANT and COUNTY shall promptly and in good faith enter
into renegotiation of this Agteement to address the changed conditions.
xr.
CONSULTANT and the COUNTY agree that allproperty 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 CONSULTANT's instruments of service or any reuse
of the documents or reports on this project or any other project without the prior written
consenr 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 ofthe 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 COLINTY is subject to the Public
Records Act codified atCh.42.56 RCW'
XII.
Unless otherwise specified within the Agreement, this proposal shall be governed
by the laws of Jefferson County and the State of Washington.
xIII.
The CONSULTANT shall protect, defend, save harmless and indemnify the
COLI-NTY and the APPLICANT from and against allclaims, suits, and actions to the
extent caused by the negligent acts, enors or omissions of CONSULTANT, its agents,
4
County/EA BIumen October 2012
employees or officers or directors in the perforrnance of its services under this
Agreement. CONSULTANTs 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
lnsurance 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 COLINTY 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 tiability, including extended bodily injury
c. Broad form contractuaVcommercial liability including cornpleted operations
d. Premises -operations liability
e. Independentconsultantsandsub-eonsultants
f. Blanketcontractualliabit'lty.
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
COt)NTY 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,lndustrial Insurance and employer's liability insurance in
an amount equal to or greater than that required by the State of Washington.
Commercial automobile insurance tiabilily 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 COLINTY
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 CONSULTANT
shall be deemed to be an employee, agent servant or representative of the COLINTY for
any purpose. Employees of the CONSULTANT are not entitled to any of the benefits the
COUNTY provides for their ernployees. The CONSULTANT shall be solely and entirely
responsible for its acts and for the acts of its agents, employees, sen ants, 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.
xvl.
The CONSULTANT shall not discriminate against any employee or applicant lbr
employment because of race, color, religion, sex or national origin. CONSULTANT shall
take affirmative action to iluure 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, dernotions, or transfers, recruitment or recruitment
advertising; layoffs 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 tie 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 rnaterials.
The CONSULTANT shall at 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 fol 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
acknolvledges that the hold harmlesVindemnification provisions of Section XIII 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.
6
Counry/EA Blumen October 2012
xv
The parties intend that an independent sontractor relationship shall be created by
this Agreement. No agent, employee, servant or representative of the CONSULTANT
shall be deemed to be an employee, agent sen'ant or representative of the COTINTY for
any purpose. Employees of the CONSULTANT are not entitled to any of the benefits the
COUNTY provides for their employees. The CONSULTANT shallbe 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 perfornance 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.
xvl.
The CONSULTANT shall not discriminate against any employee or applicant tbr
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 ernployment, 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; Iayoffs 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 subconhactor; PROVIDED that the foregoing provisions shall not
apply to contracts or subconsultanS for standard eommercial supplies or raw materials.
The CONSULTANT shall at 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 rules and
regulations promulgated pursuant tothe FSA and any other federal or state legislation
affecting the terms and conditions of employment for its employees. CONSULTANT
acknowledges that the hold harmlesVindemnification provisions of Section XIII 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'
6
Counry/EA Blumen October 2012
xwI
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.
xvII
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 nDirector") 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 Arbikation 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.
l/ rl/,a.lrl.
The parties agree that the only venue for any larvsuit (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 COUNry 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, oflicers 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 COI-INTY 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 COLINTY 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
County/EA Blumen October 2012
Jefferson CountY
Department of Community Development
Attn: David WaYne Johnson
621 Sheridan St.
Port Townsend, WA 98368
EA Blumen
Attn: Rich Shipanski
720 Sixth St. S.
Suite 100
Kirkland, WA 98033
xx.
This Agreement, together rvith 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 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
Jefferson CountY
Department of Community Development
Attn: David WaYne Johnson
621 Sheridan St-
Port Townsend, WA 98368
EA Blumen
Attn: Rich Shipanski
720 Sixth St. S.
Suite 100
Kirkland, WA 98033
xIx.
This Agreement, together rvith any attachments therelo, represents the entire and
integrared Agreement between the COIJNTY and the CONSULTANT and it supersedes
all prior negotiations, representations and/or agreements previously or orally made. This
Agieernent may be amended only by a rvritten instrument signed on behalf of each party
by persons authorized to bind that particular party to this Agreement.
IN WITNESS WHEREOF, the parties have executedthis Agreement onthe date first
below written.
8
County/EA Blumen October 2012
EA Blumen
KI tlolr
Nimish Desai
Vice President
Pacific Business Unit Director
Date
APPROVED AND SIGNED THIS I lt/"of
SEAL JEFFERSON COLNTY BOARD OF COMMISSIONERS
.. ,}
xlY tpu
t,J Austin, Chairman
**l
Lc:3
.k1-z
{
.,
{.it f
i
I
<.t
Approved as totorm:
David W. Alvarez, Chief
Jefferson CountY
Member
'6xcts-w-a j]otencg
Phil Johnson, Member
.\:
O, :I.t..J
I 2 zct3
A,
9
County,/EA Blunrcn October 2012
,i
ATTACHMENT A
Scope of Work
EArBlumen will manage preparation of the Pleasant Harbor SElS,in coordination with the SEIS team and
under the direction of Jefferson County. Following are our overall assumptions for the SEIS.
Overall AssumPtions
il|,il
We assume that draft technicalreports in the following areas have been prepared and
occasionally peer- reviewed by ESA Adolfson and the County;it is assumed that the technical
reports include analyses sufficient to addressthe SEPA related conditions listed in Ordinance
01-0128-08 63. We will either incorporate these revised reports into the SElS,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 Shellfish(GeoEngineers,lnc.)
o Water (Bender Consulting,LLC and Subsurface Group, LLC)
o Transportation(Transportation EngineeringNorthwest)
o Shorelines (GeoEngineers, !nc.)
o Fish and Wildlife (GeoEngineers,lnc.)
o Archeological and Cultural Resources (Cultural Resource 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 QualityiGreenhouse Gas Emissions (Failsafe Canada,lnc.)
EArBlumen 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.)
Energy and NaturalResources (based on LEED information provided by the applicant)
Housing and Employment (based on a jobs study provided by the appli cant)
Light and Glare (based on Dark Sky lighting information provided by the applicant)
Aesthetics (based on bui lding and landscape design information provided by the
applicant)
Fiscal Analysis (based on a draft MOU/MOA provided by the applicant)
ln keeping with the SMP, determination of the impact of the BSP within the SEIS.
o
o
o
o
o
o /1-//
Phase I - Project lnitiation
ln order to initiate the SEIS process in an efficient and timely manner,we wtrl undertake the following
First Steps:
1
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
t il. tt occasionally peer- reviewed by ESA Adolfson and the County;it is assumed that the technical
lflA'- L' ' reports include analyses sufficient to addressthe 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 lnitiation). The reports will be appended to the SEIS- EAlBlumen will summarize the
reports in the text of the SEIS.
o Shellfish(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.)
- 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 appficant'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 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 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 tne SeS. /Zrf //
Phase I - Project lnitiation
ln order to initiate the SEIS process in an efficient and timely manner,we will undertake the following
First StePs:
1
//qll
Coordinateand/or meet with Jefferson County and the technicai reports telam 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 fhaf 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 efficientstart to the EIS).11111
Compare final round of pee+++{eslcountycomments 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 tasksthat we will accomplish
in this phase include:
1. Complete the Descriptlon 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 concurrence.
2. Summarize all technical analyses prepared in support of the SEIS.
3. Serve as the principalauthor of the Preliminary Draft SEIS;directly prepare the Fact Sheet 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 EnvironmenUlmpacts chapter (seethe OverallAssumptions above for our assumptions
regarding responsibilities for the various sections of the SEIS).
4. Produce the PreliminaryDraft SE|Sfor review byJefferson County and the applicant.
Phase 3-DraftSEIS
We will complete and issue the Draft SEIS as follows:
l. Revisethe PreliminaryDraft SE|Sbased 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 brieflng to introduce the Preliminary Draft EIS and receive verbal feedback.
3. Review written comments from staff, and verbal 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-Final SEIS
We will prepare the Preliminary FinalSEIS,and complete and issuethe FinalSE|Sasfollows:
2
//qLl
Coordinateand/or meet with Jefferson County and the technical reports telam 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 fhaf lists this additionalinformation/analysis.The Memo will be the
framework moving fonvard with the technical analyses and has been a proven and valuable tool
to achieve an efficient start to the EIS)-1y11
Compare final round of pee+$4county 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
EA r Blumen will manage preparation of the Preliminary Draft SEIS. Specific tasks that we will accomplish
in this Phase include:
L Complete lhe 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. Serveasthe principalauthor of the Preliminary Draft SE|S;directly prepare the Facf Sheef and
Summary chapters, directly prepare certain sections of lhe Affected EnvironmenUlmpacts
chapter, and incorporate the technical analyses prepared by the applicant's team into the
Affected Environment/lmpacts chapter (see the OverallAssumptions above for our assumptions
regarding responsibilities for the various sections of the SEIS)-
4. produce the PreliminaryDraft SE|Sfor review byJefferson 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 facilitate a regularly scheduled 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. Submlt to Jefferson County for final approval.
4. Finalize document and coordinate production of the Draft SEIS for issuance and public
comment.
S. 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-FinalSE|S
We will prepare the Preliminary FinalSEIS,and complete and issue the Final SEIS asfollows:
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
analysis and the approach to responding to key comments.
3. Assemble responses to comments and summarles of any additionalanalysis in the form of a
Preliminary FinalSE|S 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 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 coryments are submitted during the draft SEIS
public review Period. 4,&{/'(
- The FinalSE|S will not require new alternatives, elements 9f the environment, or new
anatyses. LU//- Costsfor Phases 3and4 do not including limited y'rintingof the preliminaryor
issued SEIS; these costs will ultimately take i nto account the potentialto share the
preliminary SEIS electronically, place the issued SEB on the County's website, and to
,u(/produce a limited
number of COs of the document for public availability, if requested.
@@
Phase 1 -Project lnatiation
Phase 2 -Preliminary Draft SEIS
Phase 3 -DraftSE|S
Phase 4 -Final SEIS
Total
EA lBlumen 2012 Billing Rates
M@
RichSchipanski Manager,Planning&EnvironmentalReview
Gretchen Brunner Senior Planner
Karen Swenson Senior Planner
3
$2450
$42,000
$2 r,s00
$22,000
$92,950
)
-Ihis Budget
will not be
exceeded
prior rvritten
consent of
the applicant
\\,ithout the afu,
Following are EA lBlumen's current billing and other rates (i.e- auto mileage, copying, and expenses)
175
140
130
EElElli
Staff Rate
Jeff Ding
Kristy Hollinger
Jenny Claflin
Planner
Planner
Administrative
90
80
50
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. EA lBlumen has the capacity and resources
available to meet the schedule indicated below'
Tasks EA Budgeted
time
Peer/County
Review time
Tentative
Date
Phase 1:
I Coordinate/meet with Jefferson County and the
peer review team regarding work performed in
support of the SEls 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'
2 weeks L/17/L3
3 ldentify additiona I Project information/analysis
needed to prepare the SEIS (we will prepare an
tnformation Needs Memo that lists this
additional information/analysis).
1 week Ll18/73
4.-ompare final round of Peer review/county
comments on technicalstudies to final draft of
alltechnical studies. Draft memo to County
regarding adequacY of revisions.
1-2 days 7/22/13
5.ldentify critical procedural stePs required by
SEPA, including WAC references, and how this
project will meet these requirements (this will
bei into the SEIS
2 days u24/13
Phase 2:
1 Complete lhe Description of the Proposed
Actions ond Alternotives chapter of the Draft
SEIS (based on the draft project description
prepared by the previous SEPA consultant and
additional information provided by the
a We will circulate this cha to
2 weeks 2/7113
4
Other Rates:
Auto mlleage, Per mile 50.55
ln-house photo copies, per page $0'15
Handling charge on exPenses 10%
Jeff Ding
Kristy Hollinger
JennY Claflin
Planner
Planner
Administrative
90
80
50
Other Rates:
Auto mileage, Per mile 50'55
ln-house photo copies, per page So'ts
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. EA lBlumen has the capacity and resources
available to meet the schedule indicated below'
EA Budgeted
time
Peer/County
Review time
Tentative
Date
Tasks
Phase 1:
2 weeks r/n/Bwith Jefferson County and the
peer review team regarding work performed in
suPport of the SE15 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
1 week Ll18lL3ldentifY additional
needed to Prepare
project info rmation/a na lysis
the SEIS (we will prepare an
tnformation Needs Memo that lists this
additional information/analysis)'
3
1-2 days L/22/13I round of peer review/countY
comments on technical studies to final draft of
alltechnical studies. Draft memo to County
rding adequacY of revisions'
4.ComPare fina
rega
2 days 1,/24113procedural stePs required by
SEPA, including WAC references, and how this
5 ldentifY critical
re remeul nts wiltheseq(thismeetwill,jectpro
hento sEts)ratedbe
Phase 2:
2 weeks 2/7113Description of the ProPosed
Actions ond Alternotives chapter of the Draft
SEIS (based on the draft project description
prepared by the previous SEPA consultant and
additional information provided by the
1 Complete the
We will circulate this cha rtolica
4
IJefferson CountY and the aP plicant early on for
concurrence
l week 2/1,4/13
Description of the Proposed Actions ond
Alte rn otives chapter for concurrence'
2 Jefferson CountY and aPP licant review
2 weeks 2/28/13Summarize all technical ana lyses prepared in
support of the SEIS-
3.
3 weeks 3lzLl73Serve as the PrinciPal author
Draft SEIS; directly prepare the Foct Sheet 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
Affeaed Environment/lmpocts chapter (see the
Overall Assumptions above for our assumptions
regarding responsibilities for the various sections
of the sEls).
4.of the Preliminary
2-3 days
3/26/13
Produce the PreliminarY Draft SEIS for review by
Jefferson County and the applicant.
5.
2 weeksJefferson County and aPP
Preliminary Draft SEIS and provide comments'
6 licant review
Phase 3
3 weeks 4/3oh3
1 day 511,/1,3
Planning Commission (PC) meeting and BoCC
afternoon briefing to introduce the Preliminary
Draft EIS and receive verbal feedback'
2 Attend and facilitate a retu larly scheduled
3 daysRevise document based on ve
from PC and BoCC. Submit to Jefferson County
for final apProval.
3 rbalcomments
l week
1 week sl17l735. Finalize document and coo rdinate production of
4 weeks 6/74173
3 days7. Prepare for and helP co
public hearing (if held) during the 30-day
comment period to obtain oral cornments.
nduct rhe Draft sElS
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 reviews revised Pre liminary
Draft SEIS for final aPProval.
6 30-day public comment Period
8. Attend Public hearing of the Planning 1 day
Commission's review and recommendation of
the SEIS.
4/e/L3
sl3h3
s/10/13
6/4/1.3
)
* It is acknowledged that therewill be onc (l) combined Public Hearing. &//
6/611.3
the Draft SEIS for issuance and public comment-
Phase 4:
1.Review allwritten (and ora l) comments received
on the Draft SEIS
l week 6/21,/73
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 6/26113
3 Assemble responses to comments and
summaries of any additional analysis in the form
of a Preliminary Final SEIS for review and
comment byJefferson County and the applicant.
5 weeks 7137113
4. Jefferson CountY an d applicant review
Preliminary FinalSElS and provide comments.
2 weeks 8/]-4h3
5 Revise the Preliminary Fina I SEIS based on
pertinent comments received. Submit to
Jefferson County for final approval.
2 weeks 8/28/13
6 Jefferson CountY reviews Preliminary Draft SEIS
for final apProval'
l week s/4/13
7 Finalize document and coordinate production of
the Final SEIS for issuance.
l week e/11/13
Budgeted Tame Subtotal 24 weeks
(EA}
ll weeks
(County/
applicant/public)
TotalBud8eted Time for SEIS 35 weeks
6
Phase 4:
1 week 6127/13Review all written
on the Draft SEIS'
(and oral) comments received
1-,
2-3 days 6/26/13h Jefferson CountY to determine
whether any of the comments require further
analysis and the approach to responding to key
comments'
2. Coordinate wit
5 weeks 7131/13
summaries of any additional analysis in the form
of a Preliminary Final SEIS for review and
comment by Jefferson County and the applicant'
3 Assemble responses to comments and
2 weeks 8/1,4/734. Jefferson CountY and apPlicant review
Preliminary Final SEIS and provide comments'
2 weeks 8/28113
pertinent comments received' Submit to
Jefferson County for final approval'
FinalSE|S based on5. Revise the Preliminary
l week s/4/1,35. Jefferson CountY reviews Preliminary Draft SEIS
for final aPProval.
l week 911,1/13Finalize document a nd coordinate production of
the Final SEtS for issuance'
7
24 weeks
(EA)
ll weeks
(County/
Budgeted Time Subtotal
35 weeksTotal Budgeted Time for SEIS
6