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Home My WebLink About039l lhttr (t EA Engineering, Science, and Technology, lnc., PBC 2200 Sixth Avenue, Suite 707 Seattle, WA 98121 Telephone: 206.452.5350 Fax: 206.443.7646 Memorandum David Johnson Jefferson County From:Rich Schipanski EA Engineering, Science, and Technology, lnc., PBC. Date: Subject: February 23,2015 Proposed Amendment to February 2013 Professional Service Agreement for Pteasant Harbor Master Planned Resort Supplemental EIS As we discussed, Section X of the February 2013 Professional Services Agreement for the Pleasant Harbor Master Planned Resort Supplemental EIS (2013 Contract) indicates, "neither party shallbe responsible for damages arising directly or indirectly from any delays from causes beyond their reasonable control. ln addition, if the delays resulting from any such causes increase fhe cosf or time required by the CONSULTANT to pefiorm its seryices in an orderly and efficient manner\ CONSULTANT shall be entitled to an equitable adjustment in schedule and/or compensafion" emphasis added), ln addition, Section X of the February 2013 Contract indicates that "if, during the term of this Agreement, circumstances or conditions that were not originally contemplated by or known to, or should have reasonably been contemplated or known to the 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 callfor renegotiation of affected portions of this Agreement'. Consistent with Section X of the 2013 Contract, EA requests a budget amendment for the 2013 Contract for the following: 1. Publication of Draft SEIS (Completed) The scope of work and schedule for the Draft SEIS has substantially expanded since our contract with Jefferson County was signed and approved in February 2013. For example, the following items were added to the scope of work: o Washington State Fish and Wildlife WDFW) road within the site boundary. Alteration of the Maritime Village area tEBzsmt l[fiin$$l{t[\It{T'i$tu To: I a Additional reports to be summarized in the SEIS o Water Plan o Sewer Plan o Energy Memo o Economic Reports (August 2013 and April 2014) Also, 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 I 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, which was approximately 11 months after we had prepared our cost estimate. The summary memo and the thirteen sets of matrices detailing compliance with each peer review comment was a significant task, requiring more labor than anticipated. Lastly, the SEIS schedule included as Appendix A to the 2013 Contract indicated Draft SEIS issuance in Mav2013, with Final SEIS issuance in September2013. Duetothe delays resulting from the additional scope of work items and the additional technical reports (Water/Sewer and Economic reports not finalized until October 2014), the Draft SEIS was issued in November 2014, approximately 18 months beyond the date indicated in the February 2013 Contract. This extended schedule resulted in additional labor beyond that originally assumed in the February 2013 Contract, including participation in approximately 50 additionalweekly conference calls with Jefferson County and the Applicant representative, and coordination with the Applicant's technical team members. 2) Preparation of the Final SEIS As indicated in previous correspondence, "a Final EIS scope of work and budget agreeable to Statesman, Jefferson County and EA will be processed following completion of the Draft SEIS comment period on January 5,2014.' The Draft SEIS comment period is complete and EA has received the comments. Accordingly, EA has prepared the following scope of work and budget proposal for Phase 4 - Complete and lssue the Pleasant Harbor Final Supplemental ElS. EA is providing environmental review services for the Pleasant Harbor Project in phases as follows: Phase 1 - Project lnitiation; Phase 2 - Preliminary Draft SE/S; Phase 3 - Complete and /ssue Drafl SE/S; and, Phase 4 - Complete and lssue Frnal SE/S. EA has completed Phases 1,2 and 3 of our SEPA environmental review services for the Pleasant Harbor Project (Phase 3 concluded with issuance of the Draft SEIS on November 19,2014, attendance of the Open House and Planning Commission meeting on December 3, 2014, and review of Draft SEIS comments received by the end of the comment period on January 5, 2015). Sixty-seven (67) individual comment letters were received on the Draft SEIS. A number of these comments will require detailed responses in the Final SEIS, including input from the Pleasant Harbor team. 2 The 2013 Contract for preparation of the Pleasant Harbor Master Planned Resort is soley between EA and Jefferson County, However, Section V of the 2013 Contract requires"wriften approvalfrom the Applicant" for cost overruns that have either occurred or are anticipated to occur. Accordingly, EA has attached to this memo written approvals from Statesman (Applicant) for both ltem 1 (Publication of the Draft SEIS) and ltem 2 (Preparation of the Final SEIS) described above. A summary of the requested budget amendment is as follows 2013 Budget amount - Item 1 Request - Item 2 Request - TOTAL $92,950 $4,500 $22.880 $120,330 Attachments Attachment 1 - ltem 1 Written Authorization Attachment 2 - ltem 2 Written Authorization J David W. Johnson From: Sent: To: Cc: Subject: Thanks Rich AGREED Garth Garth Mann <Garth. Mann@statesmangroup.com> Monday, December 08,2014 10:30 PM David W. Johnson; Schipanski, Rich peckassoc@comcast.net; Kevin lngalls; Jeanette Hurley RE: Attachment 1 - ltem 1 Written Authorization From : David W. Joh nson [ma ilto : djohnson@co jefferson.wa. us] Sent: Monday, December 08, 2014 1:41 PM To: Schipanski, Rich; Garth Mann Cc: David W. Johnson; peckassoc@comcast.net Subject: RE: Pleasant Harbor SEIS Thanks, Rich Garth. lt is critical to the success and timely approval of the project that you approve this contract amendment as requested. Thanks ! From: Schipanski, Rich [mailto:rschipanski@eaest.com] Sent: Monday, December 08, 2014 11:51 AM To: Garth Mann Cc: David W. Johnson Subject: RE: Pleasant Harbor SEIS Hi Garth, ln response to your questions regarding the SEIS below, the Draft SEIS was issued on November 19,2014 with comments on the Draft SEIS due on January 5, 2015. lt is anticipated that comments received on the Draft SEIS will be similar to those communicated throughout the SEIS process, and responses provided in the Final SEIS will primarily be based on the analyses presented in the Draft SEIS. Upon completion of the Draft SEIS public comment period (January 5, 2015), the number and content of comments will be known. 1 M. Garth Mann President & C.E.O P:403-2564151 M:403-899-9222 F:403-256-6100 7370 Sierra Morena Blvd. S.W. Calgary, Alberta T3H 4H9 www. statesmanqrou p. ca To summarize the contract amendment process for the Pleasant Harbor SEIS, the Statesman Group of Companies (Statesman) agrees to an increase in the budget by 54,500 to cover the additional costs incurred to complete the Draft SEIS for issuance on November 19, and prepare for and attend the Draft SEIS public meetings on December 3, 2014, as well as coordination with Jefferson County through the end of the comment period. A Final EIS scope of work and budget agreeable to Statesman, Jefferson County and EA will be processed following completion of the Draft SEIS comment period on January 5, 2015. lf the above is satisfactory to Statesman, please email a confirmation; it is assumed that a confirming email response will satisfy the "written approval from the Applicant" requirement of Section V of the contract. Thanks Garth Rich From : Garth Man n Imailto: Garth. Man n@statesmangroup.com] Sent: Monday, December 08, 2014 12:19 AM To: Schipanski, Rich Subject: RE: Pleasant Harbor SEIS OK Lets do this I understand that the Draft has been released and comments should not be different from those that we have addressed in earlier presentations. Please send confirmation of this Rich Garth M. Garth Mann President & C.E.O P:403-256-4151 M:403-899-9222 F:403-256-6100 7370 Sierra Morena Blvd. S.W Calgary, Alberta T3H 4H9 www. statesmanqroup.ca From: Schipanski, Rich [mailto:rschipanski@eaest.com] Sent: Sunday, December 07,20L4 10:19 PM To: Gafth Mann Subject: RE: Pleasant Harbor SEIS Hello Garth: Perhaps the best course would be authorization of the 54,500 incurred to date on the Draft ElS, with agreement on the Final SEIS budget upon completion of the Draft EIS comment period in early January. At that point the level of work required will be certain and a budget can better defined - possibly in the range of 55,000 to 510,000. 2 Thanks Garth Rich From : Gaft h Mann [mailto: Garth. Mann@statesmangroup.com] Sent: Saturday, December 06,20L4 l:47 PM To: Schipanski, Rich Subject: RE: Pleasant Harbor SEIS Hello Rich I understand that the delays have impacted the fluidity of the communication. However, lets split the difference and we will increase the budget by $10,000 Thanks Garth M. Garth Mann President & C.E.O P:403-256-4151 M:403-899-9222 F: 403-256-6100 7370 Sierra Morena Blvd. S.W Calgary, Alberta T3H 4H9 www. statesmanq roup. ca From: Schipanski, Rich [mailto:rschipanski@eaest.com] Sent: Thursday, December 04,2014 4:03 PM To: Gafth Mann Cc: David W. Johnson (djohnson@co jefferson.wa.us); Hollinger, Kristy Subject: Pleasant Harbor SEIS Garth, As a follow up to our letter dated May 13, 2014 and subsequent discussion, and consultation with David Johnson of Jefferson County, I have attached a request for a budget revision to accommodate additional scope items and schedule extension associated with the Pleasant Harbor 5ElS. Thank you and please don't hesitate to call or email with any questions Rich Rich Schipanski Manager, Planning and Environmental Review @t EA Engineering, Science and Technology, lnc. 2200 6th Ave, Suite 707 | Seattle, WA 98121 (t)206. 4s2.s34s 3 HT EA Engineering, Science, and Technology, lnc., PBC 2200 Sixth Avenue, Suite 707 seattle, wA 98121 Telephone: (206) 452-5350 Fax: (206) 443-7646 www,eaest.com 5 February 2015 M Garth Mann sont via e-mall Statesman Group of Companies U.S. Head Office 9300 E. Raintree Drive, Suite 100 Scottsdale, AZ 852690 Corporate Head Office 7370 Sierra Morena Blvd,. SW Calgary, Alberta, Canada T3H-4H9 Subject Pleasant Harbor FinalSE|S EA Project Number 1501601 Dear Dr. Mann: As indicated in our December 8, 2014 correspondence, "a Final EIS scope of work and budget agreeable to Statesman, Jefferson Coun$ and EA will be processed following completion of the Draft SEIS comment period on January 5,2014." The Drafi SEIS comment period is complete and EA has received the comments. Accordingly, EA has prepared the following scope of work and budget proposalfor Phase 4 - Complete and lssue the Pleasant Harbor Final Supplemental ElS. EA is providing environmental review services for the Pleasant Harbor Project in phases as follows: Phase 1 - Project lnitiation; Phase 2 - Preliminary Dnfr SE/S; Phase 3 - Complete and /ssue Draft SE/S; and, Phase 4 - Complete and lssue Frnal SE/S. EA has completed Phases 1, 2 and 3 of our SEPA environmental review services for the Pleasant Harbor Project (Phase 3 c-oncluded with issuance of the Draft SEIS on November 19, 2014, and our attendance of the Open House and Planning Commission meeting on December 3,zA14). 67 individual comment letters were received on the Draft SEIS. A number of these comments will require detailed responses in the Final SEIS, including input fom the Pleasant Harbor team. ln general, the primary environmental issues raised during the Draft SEIS comment period that will require input from the Pleasant Harbor team include: . aquifer recharge/drawdown - Bender Consulting. kettle/wetlands/animals conditions - GeoEngineers. traffic volume and safety - TENWo tax revenue and public costs - Michael K Evanso stormwater/water quality/Hood Canal - Craig Peck, Bender Consulting and H.R. Esvelt Eng. The following provides our scope of work and budgel estimate for Phase 4 - Complete and lssue Final SEIS of the SEPA environmental review process for the Pleasant Harbor Project. The Phase 4 scope is intended to cover services through the issuance of the Final SEIS. lf the schedule is substantially delayed for reasons beyond EA's control, a budget adjustment could be necessary, Scooe of W-qrk Task 1: Review all letters and written comments received on the Draft SEIS; assign team responsibilities for input to responses; and, distribute to the team to obtain technical responses. Task 2: Review transcript from County Commissioners meeting; assign team responsibilities for input to responses to comments, and distribute to the team to obtain technical responses. lt is anticipated that many of the comments from the meeting can be addressed by referring to responses to written comments. Task 3: Coordinate with County regarding $heriff and Fire Dept. impacts and status of MOU's. Task 4: Coordinate with the County and the technical team regarding preparation of responses; obtain, review and incorporate comment response input into the 1't Preliminary Final SEIS. Task 5: Directly prepare the balance of responses to comments. Task 6: As wananted by the Draft SEIS comments, revise sections of the Draft SEIS in highlights or track-change to clearly indicate updates since publication of the Draft SEIS Task 7: Prepare a summary matrix of all comments per County guidelines. Task 8: Produce 1$ Preliminary Final SEIS for submittal to Jefferson County for review and comment (submit electronically in PDF and Word versions). Task 9: Review the County's 1"t round of comments on the Preliminary Final SEIS1 Task 10: Coordinate with Jefferson County and the technical team regarding preparation of revisions based on comments received, obtain, review and incorporate changes into the 2M Preliminary FinalSElS. Task 11: Prepare the balance of revisions in a 2nd Preliminary Final SEIS. Task 't2: Produce 2nd Preliminary Final SEIS for review by Jefferson County. Task 13: Coordinate with Jefferson County regarding final review of the document and obtain any further comments. ' Assumes comments from Jefferson County are editorial in nature and do not require new technical analysis or SEIS Alternativos. Contnct Amendment Pleasant Harbor SEIS 2 Task 14: Make edits to the Final SEIS based on final comments from Jefferson County and prepare the Final SEIS for issuance by Jefferson County. Task 15: Print and produce CDs of the Final SEIS for issuance by Jefferson County (it is assumed that EA will print seven hard-copies of the document and will burn 50 CDs). At the end of this phase, the Final SEIS will be issued by Jefferson County. This scope of work and budget covers our services through issuance of the Final SEIS, Should an appeal of the adequacy of the Pleasant Harbor SEIS be filed, EA staff is available to assist the County at the appeal hearing. We will bill for our services on a time and materials basis, at the hourly rates listed below. Schedule Based on our current schedule, we assLlme that the 1"t Preliminary Final SEI$ would be submitted to the County in mid- to late- March. This submittal is contingent upon receiving draft technical responses from the technical team in early March, and upon receiving an updated fiscal analysis by the end of February. The actual Final SEIS publication date will depend upon Jefferson Coung's review schedule and the extent and nature of their comments on the preliminary documents. Budqet Estimate We have prepared a not-to-exceed budget estimate for Phase 4 based on the assumptions and scope of work outlined above. This budget covers costs for Phase 4 services provided by EA, and is based on EA's 2015 Fee Schedule. This proposed amendment will utilize the terms and conditions of the February 11, 2013 contract" PHASE 4 - PREPARE AND ISSUE FINAL SEIS EA BUDGET BREAKDOWNz Rates Auto mileage, per mile $0.565 ln-house photo copies, per page $0.15 Handling charge on subcontractors and expenses 10o/o Rates are good through December 2015. ' Budga does not include costs associded with other team members. $20s 24 $4,920Rich Schipanski Kristv Hollinser $e5 176 $16,720 $70 12 $&r0Kathryn Cemy-Chipman Total $22,480 $400Produclion Costs $22,880 Conbact Amendment Plasant Harbor SEIS 3 Hourlv Rats Total I ouns Total BudoetName Please don't hesitate to contact us should you have any questions. Sincerely, EA Engineering, Science, and Technology, lnc., PBC. ,,,r - I J,.,,U,* /,'11,*.* .- Authorization provided this 7 aay ot fr. l;i*r, i,{, 201s Rich Schipanski, Program Manager CC: David Johnson, Jefferson County Statesman Group of Garth ann Kristy Hollinger, Project Manager Il ]- -..,. .,,ulr[l>c-/'4/c. .Su61o# /,:, ltt'{*iurir us lu6,r,,ary 7 lri t;rr{ ir|iro S,.'/,,'llt,tts l,i T/,,rf {tiz 7)n,:i4.<) { /yi'trtie/a /)" r{."it*{,.;fiof p'rr.rfr,a /u,.r{ &{Ir?,,ttt-,,/{- ; s [/' {rlrtfr*', /ta fuq, fi$tro*(7 iru,,, xc"te;t*t ' t{ f t*5 /7r,*' '1 cr,,lJ'*!t 1i:' tt' /,'i/7 ,,', it r t),2;/ {: J ri:, ^ .; I 'l ,rt.l/t'rv. rZ ,{c hrlu'as {ou"q,r.* , ):r/-r- /an {tufrr^ {, ll-t" ,lt.t x'{./i;.t<rr.t ,4-,.;t{*r a,tc:l. d'.; f'ua^li'rt*,, f ,.,{;of ,:./:, dt.fr^"t,.{ -l t;"r Contract Amendment Pleasant Harbor SEIS l),,'fu:/,<y 4